r the sea's billows;
he has my consent, and my pardon for his bad intentions. But let any
living man dare to change his right of territorial possession into the
right of property, and I will declare war upon him, and wage it to the
death!
M. Ch. Comte's argument disproves his position. "Among the things
necessary to the preservation of life," he says, "there are some which
exist in such large quantities that they are inexhaustible; others which
exist in lesser quantities, and can satisfy the wants of only a certain
number of persons. The former are called COMMON, the latter PRIVATE."
This reasoning is not strictly logical. Water, air, and light are
COMMON things, not because they are INEXHAUSTIBLE, but because they are
INDISPENSABLE; and so indispensable that for that very reason Nature
has created them in quantities almost infinite, in order that their
plentifulness might prevent their appropriation. Likewise the land
is indispensable to our existence,--consequently a common thing,
consequently insusceptible of appropriation; but land is much scarcer
than the other elements, therefore its use must be regulated, not for
the profit of a few, but in the interest and for the security of all.
In a word, equality of rights is proved by equality of needs. Now,
equality of rights, in the case of a commodity which is limited in
amount, can be realized only by equality of possession. An agrarian law
underlies M. Ch. Comte's arguments.
From whatever point we view this question of property--provided we go
to the bottom of it--we reach equality. I will not insist farther on
the distinction between things which can, and things which cannot, be
appropriated. On this point, economists and legists talk worse than
nonsense. The Civil Code, after having defined property, says nothing
about susceptibility of appropriation; and if it speaks of things which
are in THE MARKET, it always does so without enumerating or describing
them. However, light is not wanting. There are some few maxims such as
these: _Ad reges potestas omnium pertinet, ad singulos proprietas; Omnia
rex imperio possidet, singula dominio_. Social sovereignty opposed to
private property!--might not that be called a prophecy of equality, a
republican oracle? Examples crowd upon us: once the possessions of
the church, the estates of the crown, the fiefs of the nobility
were inalienable and imprescriptible. If, instead of abolishing this
privilege, the Constituent had
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