; from a general point of view, and according to
their own opinion. They did every thing in their own blind way.
If we can believe Toullier: "The absolute rights can be reduced to
three: SECURITY, LIBERTY, PROPERTY." Equality is eliminated by the
Rennes professor; why? Is it because LIBERTY implies it, or because
property prohibits it? On this point the author of "Droit Civil
Explique" is silent: it has not even occurred to him that the matter is
under discussion.
Nevertheless, if we compare these three or four rights with each other,
we find that property bears no resemblance whatever to the others;
that for the majority of citizens it exists only potentially, and as a
dormant faculty without exercise; that for the others, who do enjoy it,
it is susceptible of certain transactions and modifications which do
not harmonize with the idea of a natural right; that, in practice,
governments, tribunals, and laws do not respect it; and finally that
everybody, spontaneously and with one voice, regards it as chimerical.
Liberty is inviolable. I can neither sell nor alienate my liberty;
every contract, every condition of a contract, which has in view the
alienation or suspension of liberty, is null: the slave, when he plants
his foot upon the soil of liberty, at that moment becomes a free man.
When society seizes a malefactor and deprives him of his liberty, it is
a case of legitimate defence: whoever violates the social compact by the
commission of a crime declares himself a public enemy; in attacking the
liberty of others, he compels them to take away his own. Liberty is the
original condition of man; to renounce liberty is to renounce the nature
of man: after that, how could we perform the acts of man?
Likewise, equality before the law suffers neither restriction nor
exception. All Frenchmen are equally eligible to office: consequently,
in the presence of this equality, condition and family have, in many
cases, no influence upon choice. The poorest citizen can obtain judgment
in the courts against one occupying the most exalted station. Let the
millionaire, Ahab, build a chateau upon the vineyard of Naboth: the
court will have the power, according to the circumstances, to order the
destruction of the chateau, though it has cost millions; and to force
the trespasser to restore the vineyard to its original state, and pay
the damages. The law wishes all property, that has been legitimately
acquired, to be kept inviolate wi
|