Chapter 13

He ought, perhaps, to ask himself, whether such a social state has not been caused by the plunder of ancient times, exercised in the way of conquests; and by plunder of later times, effected through the medium of the laws? He ought to ask himself whether, granting the aspiration of all men after well-being and perfection, the reign of justice would not suffice to realise the greatest activity of progress, and the greatest amount of equality compatible with that individual responsibility which God has awarded as a just retribution of virtue and vice?

He never gives this a thought. His mind turns towards combinations, arrangements, legal or factitious organisations. He seeks the remedy in perpetuating and exaggerating what has produced the evil.

For, justice apart, which we have seen is only a negation, is there any one of these legal arrangements which does not contain the principle of plunder?

You say, "There are men who have no money," and you apply to the law. But the law is not a self-supplied fountain, whence every stream may obtain supplies independently of society. Nothing can enter the public treasury, in favour of one citizen or one class, but what other citizens and other classes have been _forced_ to send to it. If every one draws from it only the equivalent of what he has contributed to it, your law, it is true, is no plunderer, but it does nothing for men who want money--it does not promote equality. It can only be an instrument of equalisation as far as it takes from one party to give to another, and then it is an instrument of plunder. Examine, in this light, the protection of tariffs, prizes for encouragement, right to profit, right to labour, right to assistance, right to instruction, progressive taxation, gratuitousness of credit, social workshops, and you will always find at the bottom legal plunder, organised injustice.

You say, "There are men who want knowledge," and you apply to the law. But the law is not a torch which sheds light abroad which is peculiar to itself. It extends over a society where there are men who have knowledge, and others who have not; citizens who want to learn, and others who are disposed to teach. It can only do one of two things: either allow a free operation to this kind of transaction, _i.e._, let this kind of want satisfy itself freely; or else force the will of the people in the matter, and take from some of them sufficient to pay professors commissioned to instruct others gratuitously. But, in this second case, there cannot fail to be a violation of liberty and property,--legal plunder.

You say, "Here are men who are wanting in morality or religion," and you apply to the law; but law is force, and need I say how far it is a violent and absurd enterprise to introduce force in these matters?

As the result of its systems and of its efforts, it would seem that socialism, notwithstanding all its self-complacency, can scarcely help perceiving the monster of legal plunder. But what does it do? It disguises it cleverly from others, and even from itself, under the seductive names of fraternity, solidarity, organisation, association. And because we do not ask so much at the hands of the law, because we only ask it for justice, it supposes that we reject fraternity, solidarity, organisation, and association; and they brand us with the name of _individualists_.

We can assure them that what we repudiate is, not natural organisation, but forced organisation.

It is not free association, but the forms of association which they would impose upon us.

It is not spontaneous fraternity, but legal fraternity.

It is not providential solidarity, but artificial solidarity, which is only an unjust displacement of responsibility.

Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State--then we are against education altogether. We object to a State religion--then we would have no religion at all. We object to an equality which is brought about by the State--then we are against equality, &c., &c. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State.

How is it that the strange idea of making the law produce what it does not contain--prosperity, in a positive sense, wealth, science, religion--should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain.

They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important.

In fact, they begin by supposing that men are devoid of any principle of action, and of any means of discernment in themselves; that they have no moving spring in them; that they are inert matter, passive particles, atoms without impulse; at best a vegetation indifferent to its own mode of existence, susceptible of receiving, from an exterior will and hand, an infinite number of forms, more or less symmetrical, artistic, and perfected.

Moreover, every one of these politicians does not scruple to imagine that he himself is, under the names of organiser, discoverer, legislator, institutor or founder, this will and hand, this universal spring, this creative power, whose sublime mission it is to gather together these scattered materials, that is, men, into society.

Starting from these data, as a gardener, according to his caprice, shapes his trees into pyramids, parasols, cubes, cones, vases, espaliers, distaffs, or fans; so the Socialist, following his chimera, shapes poor humanity into groups, series, circles, sub-circles, honeycombs, or social workshops, with all kinds of variations. And as the gardener, to bring his trees into shape, wants hatchets, pruning-hooks, saws, and shears, so the politician, to bring society into shape, wants the forces which he can only find in the laws; the law of customs, the law of taxation, the law of assistance, and the law of instruction.

It is so true, that the Socialists look upon mankind as a subject for social combinations, that if, by chance, they are not quite certain of the success of these combinations, they will request a portion of mankind, as a subject to experiment upon. It is well known how popular the idea of _trying all systems_ is, and one of their chiefs has been known seriously to demand of the Constituent Assembly a parish, with all its inhabitants, upon which to make his experiments.

It is thus that an inventor will make a small machine before he makes one of the regular size. Thus the chemist sacrifices some substances, the agriculturist some seed and a corner of his field, to make trial of an idea.

But, then, think of the immeasurable distance between the gardener and his trees, between the inventor and his machine, between the chemist and his substances, between the agriculturist and his seed! The Socialist thinks, in all sincerity, that there is the same distance between himself and mankind.

It is not to be wondered at that the politicians of the nineteenth century look upon society as an artificial production of the legislator's genius. This idea, the result of a classical education, has taken possession of all the thinkers and great writers of our country.

To all these persons, the relations between mankind and the legislator appear to be the same as those which exist between the clay and the potter.

Moreover, if they have consented to recognise in the heart of man a principle of action, and in his intellect a principle of discernment, they have looked upon this gift of God as a fatal one, and thought that mankind, under these two impulses, tended fatally towards ruin. They have taken it for granted, that if abandoned to their own inclinations, men would only occupy themselves with religion to arrive at atheism, with instruction to come to ignorance, and with labour and exchange to be extinguished in misery.

Happily, according to these writers, there are some men, termed governors and legislators, upon whom Heaven has bestowed opposite tendencies, not for their own sake only, but for the sake of the rest of the world.

Whilst mankind tends to evil, they incline to good; whilst mankind is advancing towards darkness, they are aspiring to enlightenment; whilst mankind is drawn towards vice, they are attracted by virtue. And, this granted, they demand the assistance of force, by means of which they are to substitute their own tendencies for those of the human race.

It is only needful to open, almost at random, a book on philosophy, polities, or history, to see how strongly this idea--the child of classical studies and the mother of socialism--is rooted in our country; that mankind is merely inert matter, receiving life, organisation, morality, and wealth from power; or, rather, and still worse--that mankind itself tends towards degradation, and is only arrested in its tendency by the mysterious hand of the legislator. Classical conventionalism shows us everywhere, behind passive society, a hidden power, under the names of Law, or Legislator (or, by a mode of expression which refers to some person or persons of undisputed weight and authority, but not named), which moves, animates, enriches, and regenerates mankind.

We will give a quotation from Bossuet:--

"One of the things which was the most strongly impressed (by whom?) upon the mind of the Egyptians, was the love of their country.... _Nobody was allowed_ to be useless to the State; the law assigned to every one his employment, which descended from father to son. No one was permitted to have two professions, nor to adopt another.... But there was one occupation which _was obliged_ to be common to all,--this was the study of the laws and of wisdom; ignorance of religion and the political regulations of the country was excused in no condition of life. Moreover, every profession had a district assigned to it (by whom?).... Amongst good laws, one of the best things was, that everybody was taught to observe them (by whom?). Egypt abounded with wonderful inventions, and nothing was neglected which could render life comfortable and tranquil."

Thus men, according to Bossuet, derive nothing from themselves; patriotism, wealth, inventions, husbandry, science--all come to them by the operation of the laws, or by kings. All they have to do is to be passive. It is on this ground that Bossuet takes exception, when Diodorus accuses the Egyptians of rejecting wrestling and music. "How is that possible," says he, "since these arts were invented by Trismegistus?"

It is the same with the Persians:--

"One of the first cares of the prince was to encourage agriculture.... As there were posts established for the regulation of the armies, so there were offices for the superintending of rural works.... The respect with which the Persians were inspired for royal authority was excessive."

The Greeks, although full of mind, were no less strangers to their own responsibilities; so much so, that of themselves, like dogs and horses, they would not have ventured upon the most simple games. In a classical sense, it is an undisputed thing that everything comes to the people from without.

"The Greeks, naturally full of spirit and courage, _had been early cultivated_ by kings and colonies who had come from Egypt. From them they had learned the exercises of the body, _foot races_, and horse and chariot races.... The best thing that the Egyptians had taught them was to become docile, and to allow themselves to be formed by the laws for the public good."

_Fenelon_.--Reared in the study and admiration of antiquity, and a witness of the power of Louis XIV., Fenelon naturally adopted the idea that mankind should be passive, and that its misfortunes and its prosperities, its virtues and its vices, are caused by the external influence which is exercised upon it by the _law_, or by the makers of the law. Thus, in his Utopia of Salentum, he brings the men, with their interests, their faculties, their desires, and their possessions, under the absolute direction of the legislator. Whatever the subject may be, they themselves have no voice in it--the prince judges for them. The nation is just a shapeless mass, of which the prince is the soul. In him resides the thought, the foresight, the principle of all organisation, of all progress; on him, therefore, rests all the responsibility.

In proof of this assertion, I might transcribe the whole of the tenth book of "Telemachus." I refer the reader to it, and shall content myself with quoting some passages taken at random from this celebrated work, to which, in every other respect, I am the first to render justice.

With the astonishing credulity which characterizes the classics, Fenelon, against the authority of reason and of facts, admits the general felicity of the Egyptians, and attributes it, not to their own wisdom, but to that of their kings:--

"We could not turn our eyes to the two shores, without perceiving rich towns and country seats, agreeably situated; fields which were covered every year, without intermission, with golden crops; meadows full of flocks; labourers bending under the weight of fruits which the earth lavished on its cultivators; and shepherds who made the echoes around repeat the soft sounds of their pipes and flutes. 'Happy,' said Mentor, 'is that people which is governed by a wise king.'.... Mentor afterwards desired me to remark the happiness and abundance which was spread over all the country of Egypt, where twenty-two thousand cities might be counted. He admired the excellent police regulations of the cities; the justice administered in favour of the poor _against_ the rich; the good education of the children, who were accustomed to obedience, labour, and the love of arts and letters; the exactness with which all the ceremonies of religion were performed; the disinterestedness, the desire of honour, the fidelity to men, and the fear of the gods, with which every father inspired his children. He could not sufficiently admire the prosperous state of the country. '_Happy_,' said he, '_is the people whom a wise king rules in such a manner_.'"

Fenelon's idyl on Crete is still more fascinating. Mentor is made to say:--

"All that you will see in this wonderful island is the result of the laws of Minos. The education which the children receive renders the body healthy and robust. They are accustomed, from the first, to a frugal and laborious life; it is supposed that all the pleasures of sense enervate the body and the mind; no other pleasure is presented to them but that of being invincible by virtue, that of acquiring much glory.... there _they_ punish three vices which go unpunished amongst other people--ingratitude, dissimulation, and avarice. As to pomp and dissipation, there is no need to punish these, for they are unknown in Crete...... No costly furniture, no magnificent clothing, no delicious feasts, no gilded palaces are allowed."

It is thus that Mentor prepares his scholar to mould and manipulate, doubtless with the most philanthropic intentions, the people of Ithaca, and, to confirm him in these ideas, he gives him the example of Salentum.

It is thus that we receive our first political notions. We are taught to treat men very much as Oliver de Serres teaches farmers to manage and to mix the soil.

_Montesquieu_.--"To sustain the spirit of commerce, it is necessary that all the laws should favour it; that these same laws, by their regulations in dividing the fortunes in proportion as commerce enlarges them, should place every poor citizen in sufficiently easy circumstances to enable him to work like the others, and every rich citizen in such mediocrity that he must work, in order to retain or to acquire."

Thus the laws are to dispose of all fortunes.

"Although, in a democracy, real equality be the soul of the State, yet it is so difficult to establish, that an extreme exactness in this matter would not always be desirable. It is sufficient that a census be established to reduce or fix the differences to a certain point. After which, it is for particular laws to equalise, as it were, the inequality, by burdens imposed upon the rich, and reliefs granted to the poor."

Here, again, we see the equalisation of fortunes by law, that is, by force.

"There were, in Greece, two kinds of republics. One was military, as Lacedæmon; the other commercial, as Athens. In the one it was wished (by whom?) that the citizens should be idle: in the other, the love of labour was encouraged.

"It is worth our while to pay a little attention to the extent of genius required by these legislators, that we may see how, by confounding all the virtues, they showed their wisdom to the world. Lycurgus, blending theft with the spirit of justice, the hardest slavery with extreme liberty, the most atrocious sentiments with the greatest moderation, gave stability to his city. He seemed to deprive it of all its resources, arts, commerce, money, and walls; there Was ambition without the hope of rising; there were natural sentiments where the individual was neither child, nor husband, nor father. Chastity even was deprived of modesty. _By this road Sparta was led on to grandeur and to glory_.

"The phenomenon which we observe in the institutions of Greece has been seen in the midst of the _degeneracy and corruption of our modern times_. An honest legislator has formed a people where probity has appeared as natural as bravery among the Spartans. Mr. Penn is a true Lycurgus, and although the former had peace for his object, and the latter war, they resemble each other in the singular path along which they have led _their_ people, in their influence over free men, in the prejudices which they have overcome, the passions they have subdued.

"Paraguay furnishes us with another example. _Society_ has been accused of the crime of regarding the pleasure of commanding as the only good of life; but it will always be a noble thing to govern men by making them happy.

"_Those who desire to form similar institutions_, will establish community of property, as in the republic of Plato, the same reverence which he enjoined for the gods, separation from strangers for the preservation of morality, and make the city and not the citizens create commerce: they should give our arts without our luxury, our wants without our desires."

Vulgar infatuation may exclaim, if it likes:--"It is Montesquieu! magnificent! sublime!" I am not afraid to express my opinion, and to say:--"What! you have the face to call that fine? It is frightful! it is abominable! and these extracts, which I might multiply, show that, according to Montesquieu, the persons, the liberties, the property, mankind itself, are nothing but materials to exercise the sagacity of lawgivers."

_Rousseau_.--Although this politician, the paramount authority of the Democrats, makes the social edifice rest upon the _general will_, no one has so completely admitted the hypothesis of the entire passiveness of human nature in the presence of the lawgiver:--

"If it is true that a great prince is a rare thing, how much more so must a great lawgiver be? The former has only to follow the pattern proposed to him by the latter. _This latter is the mechanician who invents the machine_; the former is merely the workman who sets it in motion."

And what part have men to act in all this? That of the machine, which is set in motion; or rather, are they not the brute matter of which the machine is made? Thus, between the legislator and the prince, between the prince and his subjects, there are the same relations as those which exist between the agricultural writer and the agriculturist, the agriculturist and the clod. At what a vast height, then, is the politician placed, who rules over legislators themselves, and teaches them their trade in such imperative terms as the following:--

"Would you give consistency to the State? Bring the extremes together as much as possible. Suffer neither wealthy persons nor beggars.

"If the soil is poor and barren, or the country too much confined for the inhabitants, turn to industry and the arts, whose productions you will exchange for the provisions which you require.... On a good soil, if _you are short_ of inhabitants, give all your attention to agriculture, which multiplies men, and _banish_ the arts, which only serve to depopulate the country.... Pay attention to extensive and convenient coasts. _Cover the sea_ with vessels, and you will have a brilliant and short existence. If your seas wash only inaccessible rocks, let the people _be barbarous_, and eat fish; they will live more quietly, perhaps better, and, most certainly, more happily. In short, besides those maxims which are common to all, every people has its own particular circumstances, which demand a legislation peculiar to itself.

"It was thus that the Hebrews formerly, and the Arabs more recently, had religion for their principal object; that of the Athenians was literature; that of Carthage and Tyre, commerce; of Rhodes, naval affairs; of Sparta, war; and of Rome, virtue. The author of the 'Spirit of Laws' has shown the art _by which the legislator should frame his institutions towards each of these objects_.... But if the legislator, mistaking his object, should take up a principle different from that which arises from the nature of things; if one should tend to slavery, and the other to liberty; if one to wealth, and the other to population; one to peace, and the other to conquests; the laws will insensibly become enfeebled, the Constitution will be impaired, and the State will be subject to incessant agitations until it is destroyed, or becomes changed, and invincible Nature regains her empire."

But if Nature is sufficiently invincible to _regain_ its empire, why does not Kousseau admit that it had no need of the legislator to _gain_ its empire from the beginning? Why does he not allow that, by obeying their own impulse, men would, of themselves, apply agriculture to a fertile district, and commerce to extensive and commodious coasts, without the interference of a Lycurgus, a Solon, or a Rousseau, who would undertake it at the risk of _deceiving themselves_?

Be that as it may, we see with what a terrible responsibility Rousseau invests inventors, institutors, conductors, and manipulators of societies. He is, therefore, very exacting with regard to them.

"He who dares to undertake the institutions of a people, ought to feel that he can, as it were, transform every individual, who is by himself a perfect and solitary whole, receiving his life and being from a larger whole of which he forms a part; he must feel that he can change the constitution of man, to fortify it, and substitute a partial and moral existence for the physical and independent one which we have all received from nature. In a word, he must deprive man of his own powers, to give him others which are foreign to him."