第 67 节
作者:管他三七二十一      更新:2021-02-20 05:36      字数:9322
  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。; Ninth Proposition。
  Not satisfied with the power of dispossessing a citizen on the ground of public utility; they want also to dispossess him on the ground of PRIVATE UTILITY。  For a long time; a revision of the law concerning mortgages was clamored for; a process was demanded; in behalf of all kinds of credit and in the interest of even the debtors themselves; which would render the expropriation of real estate as prompt; as easy; and as effective as that which follows a commercial protest。  The Chamber of Deputies; in the early part of this year; 1841; discussed this project; and the law was passed almost unanimously。  There is nothing more just; nothing more reasonable; nothing more philosophical apparently; than the motives which gave rise to this reform。
  I。 Formerly; the small proprietor whose obligation had arrived at maturity; and who found himself unable to meet it; had to employ all that he had left; after being released from his debt; in defraying the legal costs。  Henceforth; the promptness of expropriation will save him from total ruin。  2。 The difficulties in the way of payment arrested credit; and prevented the employment of capital in agricultural enterprises。  This cause of distrust no longer existing; capitalists will find new markets; agriculture will rapidly develop; and farmers will be the first to enjoy the benefit of the new law。  3。 Finally; it was iniquitous and absurd; that; on account of a protested note; a poor manufacturer should see in twenty…four hours his business arrested; his labor suspended; his merchandise seized; his machinery sold at auction; and finally himself led off to prison; while two years were sometimes necessary to expropriate the most miserable piece of real estate。
  These arguments; and others besides; you clearly stated; sir; in your first lectures of this academic year。
  But; when stating these excellent arguments; did you ask yourself; sir; whither would tend such a transformation of our system of mortgages? 。 。 。  To monetize; if I may say so; landed property; to accumulate it within portfolios; to separate the laborer from the soil; man from Nature; to make him a wanderer over the face of the earth; to eradicate from his heart every trace of family feeling; national pride; and love of country; to isolate him more and more; to render him indifferent to all around him; to concentrate his love upon one object;money; and; finally; by the dishonest practices of usury; to monopolize the land to the profit of a financial aristocracy;a worthy auxiliary of that industrial feudality whose pernicious influence we begin to feel so bitterly。  Thus; little by little; the subordination of the laborer to the idler; the restoration of abolished castes; and the distinction between patrician and plebeian; would be effected; thus; thanks to the new privileges granted to the property of the capitalists; that of the small and intermediate proprietors would gradually disappear; and with it the whole class of free and honest laborers。  This certainly is not my plan for t