" We shall know some time whether this
distressing uncertainty of jurisprudence arises from the nature of
its investigations, or from our prejudices; whether, to explain social
phenomena, it is not enough to change our hypothesis, as did Copernicus
when he reversed the system of Ptolemy.

But what will be said when I show, as I soon shall, that this same
jurisprudence continually tries to base property upon equality? What
reply can be made?

% 3.--Civil Law as the Foundation and Sanction of Property.

Pothier seems to think that property, like royalty, exists by divine
right. He traces back its origin to God himself--ab Jove principium. He
begins in this way:--

"God is the absolute ruler of the universe and all that it contains:
_Domini est terra et plenitudo ejus, orbis et universi qui habitant in
eo_. For the human race he has created the earth and all its creatures,
and has given it a control over them subordinate only to his own. 'Thou
madest him to have dominion over the works of thy hands; thou hast put
all things under his feet,' says the Psalmist. God accompanied this gift
with these words, addressed to our first parents after the creation: 'Be
fruitful, and multiply and replenish the earth,'" &c.

After this magnificent introduction, who would refuse to believe the
human race to be an immense family living in brotherly union, and
under the protection of a venerable father? But, heavens! are brothers
enemies? Are fathers unnatural, and children prodigal?

GOD GAVE THE EARTH TO THE HUMAN RACE: why then have I received none? HE
HAS PUT ALL THINGS UNDER MY FEET,--and I have not where to lay my head!
MULTIPLY, he tells us through his interpreter, Pothier. Ah, learned
Pothier! that is as easy to do as to say; but you must give moss to the
bird for its nest.

"The human race having multiplied, men divided among themselves the
earth and most of the things upon it; that which fell to each, from that
time exclusively belonged to him. That was the origin of the right of
property."

Say, rather, the right of possession. Men lived in a state of communism;
whether positive or negative it matters little. Then there was no
property, not even private possession. The genesis and growth of
possession gradually forcing people to labor for their support, they
agreed either formally or tacitly,--it makes no difference which,--that
the laborer should be sole proprietor of the fruit of his labor; that
is, they s