What Is Property?

comparative legislation, M. Lerminier, has gone still farther. He has dared to say that the nation took from the clergy all their possessions, not because of idleness, but because of unworthiness. “You have civilized the world,” cries this apostle of equality, speaking to the priests; “and for that reason your possessions were given you. In your hands they were at once an instrument and a reward. But you do not now deserve them, for you long since ceased to civilize anything whatever.⁠ ⁠…”

This position is quite in harmony with my principles, and I heartily applaud the indignation of M. Lerminier; but I do not know that a proprietor was ever deprived of his property because unworthy; and as reasonable, social, and even useful as the thing may seem, it is quite contrary to the uses and customs of property. ↩

Treatise on Prescription. ↩

Origin of French Law. ↩

To honor one’s parents, to be grateful to one’s benefactors, to neither kill nor steal⁠—truths of inward sensation. To obey God rather than men, to render to each that which is his; the whole is greater than a part, a straight line is the shortest road from one point to another⁠—truths of intuition. All are a priori but the first are felt by the conscience, and imply only a simple act of the soul; the second are perceived by the reason, and imply comparison and relation. In short, the former are sentiments, the latter are ideas. ↩

Armand Carrel would have favored the fortification of the capital. Le National has said, again and again, placing the name of its old editor by the side of the names of Napoleon and Vauban. What signifies this exhumation of an anti-popular politician? It signifies that Armand Carrel wished to make government an individual and irremovable, but elective, property, and that he wished this property to be elected, not by the people, but by the army. The political system of Carrel was simply a reorganization of the praetorian guards. Carrel also hated the péquins. That which he deplored in the revolution of July was not, they say, the insurrection of the people, but the victory of the people over the soldiers. That is the reason why Carrel, after 1830, would never support the patriots. “Do you answer me with a few regiments?” he asked. Armand Carrel regarded the army⁠—the military power⁠—as the basis of law and government. This man undoubtedly had a moral sense within him, but he surely had no sense of justice. Were he still in this world, I declare it boldly, liberty would have no greater enemy than Carrel.

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 entitling anyone 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. ↩

In a very short article, which was read by M. Wolowski, M. Louis Blanc declares, in substance, that he is not a communist (which I easily believe); that one must be a fool to attack property (but he does not say why); and that it is very necessary to guard against confounding property with its abuses. When Voltaire overthrew Christianity, he repeatedly avowed that he had no spite against religion, but only against its abuses. ↩

The property fever is at its height among writers and artists, and it is curious to see the complacency with which our legislators and men of letters cherish this devouring passion. An artist sells a picture, and then, the merchandise delivered, assumes to prevent the purchaser from selling engravings, under the pretext that he, the painter, in selling the original, has not sold his design. A dispute arises between the amateur and the artist in regard to both the fact and the law. M. Villemain, the Minister of Public Instruction, being consulted as to this particular case, finds that the painter is right; only the property in the design should have been specially reserved in the contract: so that, in reality, M. Villemain recognizes in the artist a power to surrender his work and prevent its communication; thus contradicting the legal axiom, One cannot give and keep at the same time. A strange reasoner is M. Villemain! An ambiguous principle leads to a false conclusion. Instead of rejecting the principle, M. Villemain hastens to admit the conclusion. With him the reductio ad absurdum is a convincing argument. Thus he is made official defender of literary property, sure of being understood and sustained by a set of loafers, the disgrace of literature and the plague of public morals. Why, then, does M. Villemain feel so strong an interest in setting himself up as the chief of the literary classes, in playing for their benefit the role of Trissotin in the councils of the State, and in becoming the accomplice and associate of a band of profligates⁠—soi-disant men of letters⁠—who for more than ten years have labored with such deplorable success to ruin public spirit, and corrupt the heart by warping the mind?

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, genius and fortune, leveling and property. Let us