arm yields a gross income of ten thousand
francs; and, as very seldom happens, that this farm cannot be divided.
Let us suppose farther that, by economical calculation, the annual
expenses of a family are three thousand francs: the possessor of this
farm should be obliged to guard his reputation as a good father of a
family, by paying to society ten thousand francs,--less the total
costs of cultivation, and the three thousand francs required for the
maintenance of his family. This payment is not rent, it is an indemnity.
What sort of justice is it, then, which makes such laws as this:--
"Whereas, since labor so changes the form of a thing that the form
and substance cannot be separated without destroying the thing itself,
either society must be disinherited, or the laborer must lose the fruit
of his labor; and
"Whereas, in every other case, property in raw material would give a
title to added improvements, minus their cost; and whereas, in this
instance, property in improvements ought to give a title to the
principal;
"Therefore, the right of appropriation by labor shall never be admitted
against individuals, but only against society."
In such a way do legislators always reason in regard to property.
The law is intended to protect men's mutual rights,--that is, the rights
of each against each, and each against all; and, as if a proportion
could exist with less than four terms, the law-makers always disregard
the latter. As long as man is opposed to man, property offsets property,
and the two forces balance each other; as soon as man is isolated, that
is, opposed to the society which he himself represents, jurisprudence is
at fault: Themis has lost one scale of her balance.
Listen to the professor of Rennes, the learned Toullier:--
"How could this claim, made valid by occupation, become stable and
permanent property, which might continue to stand, and which might be
reclaimed after the first occupant had relinquished possession?
"Agriculture was a natural consequence of the multiplication of the
human race, and agriculture, in its turn, favors population, and
necessitates the establishment of permanent property; for who would
take the trouble to plough and sow, if he were not certain that he would
reap?"
To satisfy the husbandman, it was sufficient to guarantee him possession
of his crop; admit even that he should have been protected in his right
of occupation of land, as long as he remained it
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