y it is very different, indeed. By law, property can exist
without a proprietor, like a quality without a subject. It exists for
the human being who as yet is not, and for the octogenarian who is no
more. And yet, in spite of these wonderful prerogatives which savor
of the eternal and the infinite, they have never found the origin of
property; the doctors still disagree. On one point only are they in
harmony: namely, that the validity of the right of property depends upon
the authenticity of its origin. But this harmony is their condemnation.
Why have they acknowledged the right before settling the question of
origin?

Certain classes do not relish investigation into the pretended titles to
property, and its fabulous and perhaps scandalous history. They wish to
hold to this proposition: that property is a fact; that it always has
been, and always will be. With that proposition the savant Proudhon [11]
commenced his "Treatise on the Right of Usufruct," regarding the origin
of property as a useless question. Perhaps I would subscribe to this
doctrine, believing it inspired by a commendable love of peace, were
all my fellow-citizens in comfortable circumstances; but, no! I will not
subscribe to it.

The titles on which they pretend to base the right of property are two
in number: OCCUPATION and LABOR. I shall examine them successively,
under all their aspects and in detail; and I remind the reader that,
to whatever authority we appeal, I shall prove beyond a doubt that
property, to be just and possible, must necessarily have equality for
its condition.

% 2.--Occupation, as the Title to Property.

It is remarkable that, at those meetings of the State Council at which
the Code was discussed, no controversy arose as to the origin and
principle of property. All the articles of Vol. II., Book 2, concerning
property and the right of accession, were passed without opposition or
amendment. Bonaparte, who on other questions had given his legists so
much trouble, had nothing to say about property. Be not surprised at it:
in the eyes of that man, the most selfish and wilful person that ever
lived, property was the first of rights, just as submission to authority
was the most holy of duties.

The right of OCCUPATION, or of the FIRST OCCUPANT, is that which results
from the actual, physical, real possession of a thing. I occupy a
piece of land; the presumption is, that I am the proprietor, until
the contrary is proved. We know