Chapter VII: Fifth Period.--Police, or Taxation (2)

But henceforth menace hovers over privilege. With the power of modifying the proportionality of the tax, government has under its hand an expeditious and sure means of dispossessing the holders of capital when it will; and it is a frightful thing to see everywhere that great institution, the basis of society, the object of so many controversies, of so many laws, of so many cajoleries, and of so many crimes, PROPERTY, suspended at the end of a thread over the yawning mouth of the proletariat.

% 3.--Disastrous and inevitable consequences of the tax. (Provisions, sumptuary laws, rural and industrial police, patents, trade-marks, etc.)

M. Chevalier addressed to himself, in July, 1843, on the subject of the tax, the following questions:

(1) Is it asked of all or by preference of a part of the nation? (2) Does the tax resemble a levy on polls, or is it exactly proportioned to the fortunes of the tax-payers? (3) Is agriculture more or less burdened than manufactures or commerce? (4) Is real estate more or less spared than personal property? (5) Is he who produces more favored than he who consumes? (6) Have our taxation laws the character of sumptuary laws?

To these various questions M. Chevalier makes the reply which I am about to quote, and which sums up all of the most philosophical considerations upon the subject which I have met:

(a) The tax affects the universality, applies to the mass, takes the nation as a whole; nevertheless, as the poor are the most numerous, it taxes them willingly, certain of collecting more. (b) By the nature of things the tax sometimes takes the form of a levy on polls, as in the case of the salt tax. (c, d, e) The treasury addresses itself to labor as well as to consumption, because in France everybody labors, to real more than to personal property, and to agriculture more than to manufactures. (f) By the same reasoning, our laws partake little of the character of sumptuary laws.

What, professor! is that all that science has taught you? THE TAX APPLIES TO THE MASS, you say; IT TAKES THE NATION AS A WHOLE. Alas! we know it only too well; but it is this which is iniquitous, and which we ask you to explain. The government, when engaged in the assessment and distribution of the tax, could not have believed, did not believe, that all fortunes were equal; consequently it could not have wished, did not wish, the sums paid to be equal. Why, then, is the practice of the government always the opposite of its theory? Your opinion, if you please, on this difficult matter? Explain; justify or condemn the exchequer; take whatever course you will, provided you take some course and say something. Remember that your readers are men, and that they cannot excuse in a doctor, speaking ex cathedra, such propositions as this: AS THE POOR ARE THE MOST NUMEROUS, IT TAXES THEM WILLINGLY, CERTAIN OF COLLECTING MORE. No, Monsieur: NUMBERS do not regulate the tax; the tax knows perfectly well that millions of poor added to millions of poor do not make one voter. You render the treasury odious by making it absurd, and I maintain that it is neither the one nor the other. The poor man pays more than the rich because Providence, to whom misery is odious like vice, has so ordered things that the miserable must always be the most ground down. The iniquity of the tax is the celestial scourge which drives us towards equality. God! if a professor of political economy, who was formerly an apostle, could but understand this revelation!

BY THE NATURE OF THINGS, says m. Chevalier, THE TAX SOMETIMES TAKES THE FORM OF A LEVY ON POLLS. Well, in what case is it just that the tax should take the form of a levy on polls? Is it always, or never? What is the principle of the tax? What is its object? Speak, answer.

And what instruction, pray, can we derive from the remark, scarcely worthy of quotation, that THE TREASURY ADDRESSES ITSELF TO LABOR AS WELL AS TO CONSUMPTION, TO REAL MORE THAN TO PERSONAL PROPERTY, TO AGRICULTURE MORE THAN TO MANUFACTURES? Of what consequence to science is this interminable recital of crude facts, if your analysis never extracts a single idea from them?

All the deductions made from consumption by taxation, rent, interest on capital, etc., enter into the general expense account and figure in the selling price, so that nearly always the consumer pays the tax: that we know. And as the goods most consumed are also those which yield the most revenue, it necessarily follows that the poorest people are the most heavily burdened: this consequence, like the first, is inevitable. Once more, then, of what importance to us are your fiscal distinctions? Whatever the classification of taxable material, as it is impossible to tax capital beyond its income, the capitalist will be always favored, while the proletaire will suffer iniquity, oppression. The trouble is not in the distribution of taxes; it is in the distribution of goods. M. Chevalier cannot be ignorant of this: why, then, does not M. Chevalier, whose word would carry more weight than that of a writer suspected of not loving the existing order, say as much?

From 1806 to 1811 (this observation, as well as the following, is M. Chevalier's) the annual consumption of wine in Paris was one hundred and forty quarts for each individual; now it is not more than eighty-three. Abolish the tax of seven or eight cents a quart collected from the retailer, and the consumption of wine will soon rise from eighty-three quarts to one hundred and seventy-five; and the wine industry, which does not know what to do with its products, will have a market. Thanks to the duties laid upon the importation of cattle, the consumption of meat by the people has diminished in a ratio similar to that of the falling-off in the consumption of wine; and the economists have recognized with fright that the French workman does less work than the English workman, because he is not as well fed.

Out of sympathy for the laboring classes M. Chevalier would like our manufacturers to feel the goad of foreign competition a little. A reduction of the tax on woollens to the extent of twenty cents on each pair of pantaloons would leave six million dollars in the pockets of the consumers,--half enough to pay the salt tax. Four cents less in the price of a shirt would effect a saving probably sufficient to keep a force of twenty thousand men under arms.

In the last fifteen years the consumption of sugar has risen from one hundred and sixteen million pounds to two hundred and sixty million, which gives at present an average of seven pounds and three-quarters for each individual. This progress demonstrates that sugar must be classed henceforth with bread, wine, meat, wool, cotton, wood, and coal, among the articles of prime necessity. To the poor man sugar is a whole medicine-chest: would it be too much to raise the average individual consumption of this article from seven pounds and three-quarters to fifteen pounds? Abolish the tax, which is about four dollars and a half on a hundred pounds, and your consumption will double.

Thus the tax on provisions agitates and tortures the poor proletaire in a thousand ways: the high price of salt hinders the production of cattle; the duties on meat diminish also the rations of the laborer. To satisfy at once the tax and the need of fermented beverages which the laboring class feels, they serve him with mixtures unknown to the chemist as well as to the brewer and the wine-grower. What further need have we of the dietary prescriptions of the Church? Thanks to the tax, the whole year is Lent to the laborer, and his Easter dinner is not as good as Monseigneur's Good Friday lunch. It is high time to abolish everywhere the tax on consumption, which weakens and starves the people: this is the conclusion of the economists as well as of the radicals.

But if the proletaire does not fast to feed Caesar, what will Caesar eat? And if the poor man does not cut his cloak to cover Caesar's nudity, what will Caesar wear?

That is the question, the inevitable question, the question to be solved.

M. Chevalier, then, having asked himself as his sixth question whether our taxation laws have the character of sumptuary laws, has answered: No, our taxation laws have not the character of sumptuary laws. M. Chevalier might have added--and it would have been both new and true-- that that is the best thing about our taxation laws. But M. Chevalier, who, whatever he may do, always retains some of the old leaven of radicalism, has preferred to declaim against luxury, whereby he could not compromise himself with any party. "If in Paris," he cries, "the tax collected from meat should be laid upon private carriages, saddle- horses and carriage-horses, servants, and dogs, it would be a perfectly equitable operation."

Does M. Chevalier, then, sit in the College of France to expound the politics of Masaniello? I have seen the dogs at Basle wearing the treasury badge upon their necks as a sign that they had been taxed, and I looked upon the tax on dogs, in a country where taxation is almost nothing, as rather a moral lesson and a hygienic precaution than a source of revenue. In 1844 the dog tax of forty-two cents a head gave a revenue of $12,600 in the entire province of Brabant, containing 667,000 inhabitants. From this it may be estimated that the same tax, producing in all France $600,000, would lighten the taxes of QUOTITE LESS THAN TWO CENTS a year for each individual. Certainly I am far from pretending that $600,000 is a sum to be disdained, especially with a prodigal ministry; and I regret that the Chamber should have rejected the dog tax, which would always have served to endow half a dozen highnesses. But I remember that a tax of this nature is levied much less in the interest of the treasury than as a promoter of order; that consequently it is proper to look upon it, from the fiscal point of view, as of no importance; and that it will even have to be abolished as an annoyance when the mass of the people, having become a little more humanized, shall feel a disgust for the companionship of beasts. TWO CENTS A YEAR, what a relief for poverty!

But M. Chevalier has other resources in reserve,--horses, carriages, servants, articles of luxury, luxury at last! How much is contained in that one word, LUXURY!

Let us cut short this phantasmagoria by a simple calculation; reflections will be in order later. In 1842 the duties collected on imports amounted to $25,800,000. In this sum of $25,800,000, sixty-one articles in common use figure for $24,800,000, and one hundred and seventy-seven, used only by those who enjoy a high degree of luxury, for TEN THOUSAND DOLLARS. In the first class sugar yielded a revenue of $8,600,000, coffee $2,400,000, cotton $2,200,000, woollens $2,000,000, oils $1,600,000, coal $800,000, linens and hemp $600,000,-- making a total of $18,200,000 on seven articles. The amount of revenue, then, is lower in proportion as the article of merchandise from which it is derived is less generally used, more rarely consumed, and found accompanying a more refined degree of luxury. And yet articles of luxury are subject to much the highest taxes. Therefore, even though, to obtain an appreciable reduction upon articles of primary necessity, the duties upon articles of luxury should be made a hundred times higher, the only result would be the suppression of a branch of commerce by a prohibitory tax. Now, the economists all favor the abolition of custom-houses; doubtless they do not wish them replaced by city toll- gates? Let us generalize this example: salt brings the treasury $11,400,000, tobacco $16,800,000. Let them show me, figures in hand, by what taxes upon articles of luxury, after having abolished the taxes on salt and tobacco, this deficit will be made up.

You wish to strike articles of luxury; you take civilization at the wrong end. I maintain, for my part, that articles of luxury should be free. In economic language what are luxuries? Those products which bear the smallest ratio to the total wealth, those which come last in the industrial series and whose creation supposes the preexistence of all the others. From this point of view all the products of human labor have been, and in turn have ceased to be, articles of luxury, since we mean by luxury nothing but a relation of succession, whether chronological or commercial, in the elements of wealth. Luxury, in a word, is synonymous with progress; it is, at each instant of social life, the expression of the maximum of comfort realized by labor and at which it is the right and destiny of all to arrive. Now, just as the tax respects for a time the newly-built house and the newly-cleared field, so it should freely welcome new products and precious articles, the latter because their scarcity should be continually combatted, the former because every invention deserves encouragement. What! under a pretext of luxury would you like to establish new classes of citizens? And do you take seriously the city of Salente and the prosopopoeia of Fabricius? Since the subject leads us to it, let us talk of morality. Doubtless you will not deny the truth so often dwelt upon by the Senecas of all ages,--that luxury CORRUPTS and WEAKENS morals: which means that it humanizes, elevates, and ennobles habits, and that the first and most effective education for the people, the stimulant of the ideal in most men, is luxury. The Graces were naked, according to the ancients; where has it ever been said that they were needy? It is the taste for luxury which in our day, in the absence of religious principles, sustains the social movement and reveals to the lower classes their dignity. The Academy of Moral and Political Sciences clearly understood this when it chose luxury as the subject of one of its essays, and I applaud its wisdom from the bottom of my heart. Luxury, in fact, is already more than a right in our society, it is a necessity; and he is truly to be pitied who never allows himself a little luxury. And it is when universal effort tends to popularize articles of luxury more and more that you would confine the enjoyment of the people to articles which you are pleased to describe as articles of necessity! It is when ranks approach and blend into each other through the generalization of luxury that you would dig the line of demarcation deeper and increase the height of your steps! The workman sweats and sacrifices and grinds in order to buy a set of jewelry for his sweetheart, a necklace for his granddaughter, or a watch for his son; and you would deprive him of this happiness, unless he pays your tax,--that is, your fine.

But have you reflected that to tax articles of luxury is to prohibit the luxurious arts? Do you think that the silk-workers, whose average wages does not reach forty cents; the milliners at ten cents; the jewellers, goldsmiths, and clockmakers, with their interminable periods of idleness; servants at forty dollars,--do you think that they earn too much?

Are you sure that the tax on luxuries would not be paid by the worker in the luxurious arts, as the tax on beverages is paid by the consumer of beverages? Do you even know whether higher prices for articles of luxury would not be an obstacle to the cheapness of necessary objects, and whether, in trying to favor the most numerous class, you would not render the general condition worse? A fine speculation, in truth! Four dollars to be returned to the laborer on his wine and sugar, and eight to be taken from him in the cost of his pleasures! He shall gain fifteen cents on the leather in his boots, and, to take his family into the country four times a year, he shall pay one dollar and twenty cents more for carriage-hire! A small bourgeois spends one hundred and twenty dollars for a housekeeper, laundress, linen-tender, and errand-boys; but if, by a wiser economy which works for the interest of all, he takes a domestic, the exchequer, in the interest of articles of subsistence, will punish this plan of economy! What an absurd thing is the philanthropy of the economists, when closely scrutinized!

Nevertheless I wish to satisfy your whim; and, since you absolutely must have sumptuary laws, I undertake to give you the receipt. And I guarantee that in my system collection shall be easy: no comptrollers, assessors, tasters, assayers, inspectors, receivers; no watching, no office expenses; not the smallest annoyance or the slightest indiscretion; no constraint whatever. Let it be decreed by a law that no one in future shall receive two salaries at the same time, and that the highest fees, in any situation, shall not exceed twelve hundred dollars in Paris and eight hundred in the departments. What! you lower your eyes! Confess, then, that your sumptuary laws are but hypocrisy.

To relieve the people some would apply commercial practices to taxation. If, for instance, they say, the price of salt were reduced one-half, if letter-postage were lightened in the same proportion, consumption would not fail to increase, the revenue would be more than doubled, the treasury would gain, and so would the consumer.

Let us suppose the event to confirm this anticipation. Then I say: If letter-postage should be reduced three-fourths, and if salt should be given away, would the treasury still gain? Certainly not. What, then, is the significance of what is called the postal reform? That for every kind of product there is a natural rate, ABOVE which profit becomes usurious and tends to decrease consumption, but BELOW which the producer suffers loss. This singularly resembles the determination of value which the economists reject, and in relation to which we said: There is a secret force that fixes the extreme limits between which value oscillates, of which there is a mean term that expresses true value.

Surely no one wishes the postal service to be carried on at a loss; the opinion, therefore, is that this service should be performed AT COST. This is so rudimentary in its simplicity that one is astonished that it should have been necessary to resort to a laborious investigation of the results of reducing letter-postage in England; to pile up frightful figures and probabilities beyond the limit of vision, to put the mind to torture, all to find out whether a reduction in France would lead to a surplus or a deficit, and finally to be unable to agree upon anything! What! there was not a man to be found in the Chamber with sense enough to say: There is no need of an ambassador's report or examples from England; letter-postage should be gradually reduced until receipts reach the level of expenditures.[25] What, then, has become of our old Gallic wit?

[25] Thank heaven! the minister has settled the question, and I tender him my very sincere compliments. By the proposed tariff letter-postage will be reduced to 2 cents for distances under 12 1/2 miles; 4 cents, for distances between 12 1/2 and 25 miles; 6 cents, between 25 and 75 miles; 8 cents, between 75 and 225 miles; 10 cents, for longer distances.

But, it will be said, if the tax should furnish salt, tobacco, letter-carriage, sugar, wines, meat, etc., at cost, consumption would undoubtedly increase, and the improvement would be enormous; but then how would the State meet its expenses? The amount of indirect taxes is nearly one hundred and twenty million dollars; upon what would you have the State levy this sum? If the treasury makes nothing out of the postal service, it will have to increase the tax on salt; if the tax on salt be lifted also, it will have to throw the burden back upon drinks; there would be no end to this litany. Therefore the supply of products at cost, whether by the State or by private industry, is impossible.

Therefore, I will reply in turn, relief of the unfortunate classes by the State is impossible, as sumptuary laws are impossible, as the progressive tax is impossible; and all your irrelevancies regarding the tax are lawyer's quibbles. You have not even the hope that the increase of population, by dividing the assessments, may lighten the burden of each; because with population misery increases, and with misery the work and the personnel of the State are augmented.

The various fiscal laws voted by the Chamber of Deputies during the session of 1845-46 are so many examples of the absolute incapacity of power, whatever it may be and however it may go to work, to procure the comfort of the people. From the very fact that it is power,--that is, the representative of divine right and of property, the organ of force,--it is necessarily sterile, and all its acts are stamped in the corner with a fatal deception.

I referred just now to the reform in the postage rates, which reduces the price of letter-carriage about one-third. Surely, if motives only are in question, I have no reason to reproach the government which has effected this useful reduction; much less still will I seek to diminish its merit by miserable criticisms upon matters of detail, the vile pasturage of the daily press. A tax, considerably burdensome, is reduced thirty per cent.; its distribution is made more equitable and more regular; I see only the fact, and I applaud the minister who has accomplished it. But that is not the question.

In the first place, the advantage which the government gives us by changing the tax on letters leaves the proportional--that is, the unjust--character of this tax intact: that scarcely requires demonstration. The inequality of burdens, so far as the postal tax is concerned, stands as before, the advantage of the reduction going principally, not to the poorest, but to the richest. A certain business house which paid six hundred dollars for letter-postage will pay hereafter only four hundred; it will add, then, a net profit of two hundred dollars to the ten thousand which its business brings it, and it will owe this to the munificence of the treasury. On the other hand, the peasant, the laborer, who shall write twice a year to his son in the army, and shall receive a like number of replies, will have saved ten cents. Is it not true that the postal reform acts in direct opposition to the equitable distribution of the tax? that if, according to M. Chevalier's wish, the government had desired to strike the rich and spare the poor, the tax on letters was the last that it would have needed to reduce? Does it not seem that the treasury, false to the spirit of its institution, has only been awaiting the pretext of a reduction inappreciable by poverty in order to seize the opportunity to make a present to wealth?

That is what the critics of the bill should have said, and that is what none of them saw. It is true that then the criticism, instead of applying to the minister, struck power in its essence, and with power property, which was not the design of the opponents. Truth today has all opinions against it.

And now could it have been otherwise? No, since, if they kept the old tax, they injured all without relieving any; and, if they reduced it, they could not make different rates for classes of citizens without violating the first article of the Charter, which says: "All Frenchmen are equal before the law,"--that is, before the tax. Now, the tax on letters is necessarily personal; therefore it is a capitation-tax; therefore, that which is equity in this respect being iniquity from another standpoint, an equilibrium of burdens is impossible.

At the same time another reform was effected by the care of the government,--that of the tax on cattle. Formerly the duties on cattle, whether on importation from foreign countries, or from the country into the cities, were collected at so much a head; henceforth they will be collected according to weight. This useful reform, which has been clamored for so long, is due in part to the influence of the economists, who, on this occasion as on many others which I cannot recall, have shown the most honorable zeal, and have left the idle declamations of socialism very far in the rear. But here again the good resulting from the law for the amelioration of the condition of the poor is wholly illusory. They have equalized, regulated, the collection from beasts; they have not distributed it equitably among men. The rich man, who consumes twelve hundred pounds of meat a year, will feel the effects of the new condition laid upon the butchers; the immense majority of the people, who never eat meat, will not notice it. And I renew my question of a moment ago: Could the government, the Chamber, do otherwise than as it has done? No, once more; for you cannot say to the butcher: You shall sell your meat to the rich man for twenty cents a pound and to the poor man for five cents. It would be rather the contrary that you would obtain from the butcher.

So with salt. The government has reduced four-fifths the tax on salt used in agriculture, on condition of its undergoing a transformation. A certain journalist, having no better objection to raise, has made thereupon a complaint in which he grieves over the lot of those poor peasants who are more maltreated by the law than their cattle. For the third time I ask: Could it be otherwise? Of two things one: either the reduction will be absolute, and then the tax on salt must be replaced by a tax on something else; now I defy entire French journalism to invent a tax which will bear two minutes' examination; or else the reduction will be partial, whether by maintaining a portion of the duties on salt in all its uses, or by abolishing entirely the duties on salt used in certain ways. In the first case, the reduction is insufficient for agriculture and the poor; in the second, the capitation-tax still exists, in its enormous disproportion. Whatever may be done, it is the poor man, always the poor man, who is struck, since, in spite of all theories, the tax can never be laid except in the ratio of the capital possessed or consumed, and since, if the treasury should try to proceed otherwise, it would arrest progress, prohibit wealth, and kill capital.

The democrats, who reproach us with sacrificing the revolutionary interest (what is the revolutionary interest?) to the socialistic interest, ought really to tell us how, without making the State the sole proprietor and without decreeing the community of goods and gains, they mean, by any system of taxation whatever, to relieve the people and restore to labor what capital takes from it. In vain do I rack my brains; on all questions I see power placed in the falsest situation, and the opinion of journals straying into limitless absurdity.

In 1842 M. Arago was in favor of the administration of railways by corporations, and the majority in France thought with him. In 1846 he has announced a change in his opinion; and, apart from the speculators in railways, it may be said again that the majority of citizens have changed as M. Arago has. What is to be believed and what is to be done amid this see-sawing of the savants and of France?

State administration, it would seem, ought to better assure the interests of the country; but it is slow, expensive, and unintelligent. Twenty-five years of mistakes, miscalculations, improvidence, hundreds of millions thrown away, in the great work of canalizing the country, have proved it to the most incredulous. We have even seen engineers, members of the administration, loudly proclaiming the incapacity of the State in the matter of public works as well as of industry.

Administration by corporations is irreproachable, it is true, from the standpoint of the interest of the stockholders; but with these the general interest is sacrificed, the door opened to speculation, and the exploitation of the public by monopoly organized.

The ideal system would be one uniting the advantages of both methods without presenting any of their shortcomings. Now, the means of realizing these contradictory characteristics? the means of breathing zeal, economy, penetration into these irremovable officers who have nothing to gain or to lose? the means of rendering the interests of the public as dear to a corporation as its own, of making these interests veritably its own, and still keeping it distinct from the State and having consequently its private interests? Who is there, in the official world, that conceives the necessity and therefore the possibility of such a reconciliation? much more, then, who possesses its secret?

In such an emergency the government, as usual, has chosen the course of eclecticism; it has taken a part of the administration for itself and left the rest to the corporations; that is, instead of reconciling the contraries, it has placed them exactly in conflict. And the press, which in all things is precisely on a par with power in the matter of wit,--the press, dividing itself into three fractions, has decided, one for the ministerial compromise, another for the exclusion of the State, and the third for the exclusion of the corporations. So that today no more than before do the public or M. Arago, in spite of their somersault, know what they want.

What a herd is the French nation in this nineteenth century, with its three powers, its press, its scientific bodies, its literature, its instruction! A hundred thousand men, in our country, have their eyes constantly open upon everything that interests national progress and the country's honor. Now, propound to these hundred thousand men the simplest question of public order, and you may be assured that all will rush pell-mell into the same absurdity.

Is it better that the promotion of officials should be governed by merit or by length of service?

Certainly there is no one who would not like to see this double method of estimating capacities blended into one. What a society it would be in which the rights of talent would be always in harmony with those of age! But, they say, such perfection is utopian, for it is contradictory in its statement. And instead of seeing that it is precisely the contradiction which makes the thing possible, they begin to dispute over the respective value of the two opposed systems, which, each leading to the absurd, equally give rise to intolerable abuses.

Who shall be the judge of merit? asks one: the government. Now, the government recognizes merit only in its creatures. Therefore no promotion by choice, none of that immoral system which destroys the independence and the dignity of the office-holder.

But, says another, length of service is undoubtedly very respectable. It is a pity that it has the disadvantage of rendering stagnant things which are essentially voluntary and free,--labor and thought; of creating obstacles to power even among its agents, and of bestowing upon chance, often upon incapacity, the reward of genius and audacity.

Finally they compromise: to the government is accorded the power of appointing arbitrarily to a certain number of offices pretended men of merit, who are supposed to have no need of experience, while the rest, apparently deemed incapable, are promoted in turn. And the press, that ambling old nag of all presumptuous mediocrities, which generally lives only by the gratuitous compositions of young people as destitute of talent as of acquired knowledge, hastens to begin again its attacks upon power, accusing it,--not without reason too,--here of favoritism, there of routine.

Who could hope ever to do anything to the satisfaction of the press? After having declaimed and gesticulated against the enormous size of the budget, here it is clamoring for increased salaries for an army of officials, who, to tell the truth, really have not the wherewithal to live. Now it is the teachers, of high and low grade, who make their complaints heard through its columns; now it is the country clergy, so insufficiently paid that they have been forced to maintain their fees, a fertile source of scandal and abuse. Then it is the whole administrative nation, which is neither lodged, nor clothed, nor warmed, nor fed: it is a million men with their families, nearly an eighth of the population, whose poverty brings shame upon France and for whom one hundred million dollars should at once be added to the budget. Note that in this immense personnel there is not one man too many; on the contrary, if the population grows, it will increase proportionally. Are you in a position to tax the nation to the extent of four hundred million dollars? Can you take, out of an average income of $184 for four persons, $47.25--more than one-fourth--to pay, together with the other expenses of the State, the salaries of the non-productive laborers? And if you cannot, if you can neither pay your expenses nor reduce them, what do you want? of what do you complain?

Let the people know it, then, once for all: all the hopes of reduction and equity in taxation, with which they are lulled by turns by the harangues of power and the diatribes of party leaders, are so many mystifications; the tax cannot be reduced, nor can its assessment be more equitable, under the monopoly system. On the contrary, the lower the condition of the citizen becomes, the heavier becomes his tax; that is inevitable, irresistible, in spite of the avowed design of the legislator and the repeated efforts of the treasury. Whoever cannot become or remain rich, whoever has entered the cavern of misfortune, must make up his mind to pay in proportion to his poverty: Lasciate ogni speranza, voi ch' entrate.

Taxation, then, police,--henceforth we shall not separate these two ideas,--is a new source of pauperism; taxation aggravates the subversive effects of the preceding antinomies,--division of labor, machinery, competition, monopoly. It attacks the laborer in his liberty and in his conscience, in his body and in his soul, by parasitism, vexations, the frauds which it prompts, and the punishments which follow them.

Under Louis XIV. the smuggling of salt alone caused annually thirty- seven hundred domiciliary seizures, two thousand arrests of men, eighteen hundred of women, sixty-six hundred of children, eleven hundred seizures of horses, fifty confiscations of carriages, and three hundred condemnations to the galleys. And this, observes the historian, was the result of one tax alone,--the salt-tax. What, then, was the total number of unfortunates imprisoned, tortured, expropriated, on account of the tax?

In England, out of every four families, one is unproductive, and that is the family which enjoys an abundance. What an advantage it would be for the working-class, you think, if this leprosy of parasitism should be removed! Undoubtedly, in theory, you are right; in practice, the suppression of parasitism would be a calamity. Though one-fourth of the population of England is unproductive, another fourth of the same population is at work for it: now, what would these laborers do, if they should suddenly lose the market for their products? An absurd supposition, you say. Yes, an absurd supposition, but a very real supposition, and one which you must admit precisely because it is absurd. In France a standing army of five hundred thousand men, forty thousand priests, twenty thousand doctors, eighty thousand lawyers, and I know not how many hundred thousand other nonproducers of every sort, constitute an immense market for our agriculture and our manufactures. Let this market suddenly close, and manufactures will stop, commerce will go into bankruptcy, and agriculture will be smothered beneath its products.

But how is it conceivable that a nation should find its market clogged because of having got rid of its useless mouths? Ask rather why an engine, whose consumption has been figured at six hundred pounds of coal an hour, loses its power if it is given only three hundred. But again, might not these non-producers be made producers, since we cannot get rid of them? Eh! child: tell me, then, how you will do without police, and monopoly, and competition, and all the contradictions, in short, of which your order of things is made up. Listen.

In 1844, at the time of the troubles in Rive-de-Gier, M. Anselme Petetin published in the "Revue Independante" two articles, full of reason and sincerity, concerning the anarchy prevailing in the conduct of the coal mines in the basin of the Loire. M. Petetin pointed out the necessity of uniting the mines and centralizing their administration. The facts which he laid before the public were not unknown to power; has power troubled itself about the union of the mines and the organization of that industry? Not at all. Power has followed the principle of free competition; it has let alone and looked on.

Since that time the mining companies have combined, not without causing some anxiety to consumers, who have seen in this combination a plot to raise the price of fuel. Will power, which has received numerous complaints upon this subject, intervene to restore competition and prevent monopoly? It cannot do it; the right of combination is identical in law with the right of association; monopoly is the basis of our society, as competition is its conquest; and, provided there is no riot, power will let alone and look on. What other course could it pursue? Can it prohibit a legally established commercial association? Can it oblige neighbors to destroy each other? Can it forbid them to reduce their expenses? Can it establish a maximum? If power should do any one of these things, it would overturn the established order. Power, therefore, can take no initiative: it is instituted to defend and protect monopoly and competition at once, within the limitations of patents, licenses, land taxes, and other bonds which it has placed upon property. Apart from these limitations power has no sort of right to act in the name of society. The social right is not defined; moreover, it would be a denial of monopoly and competition. How, then, could power take up the defence of that which the law did not foresee or define, of that which is the opposite of the rights recognized by the legislator?

Consequently, when the miner, whom we must consider in the events of Rive-de-Gier as the real representative of society against the mine- owners, saw fit to resist the scheme of the monopolists by defending his wages and opposing combination to combination, power shot the miner down. And the political brawlers accused authority, saying it was partial, ferocious, sold to monopoly, etc. For my part, I declare that this way of viewing the acts of authority seems to me scarcely philosophical, and I reject it with all my energies. It is possible that they might have killed fewer people, possible also that they might have killed more: the fact to be noticed here is not the number of dead and wounded, but the repression of the workers. Those who have criticised authority would have done as it did, barring perhaps the impatience of its bayonets and the accuracy of its aim: they would have repressed, I say; they would not have been able to do anything else. And the reason, which it would be vain to try to brush aside, is that competition is legal, joint-stock association is legal, supply and demand are legal, and all the consequences which flow directly from competition, joint-stock association, and free commerce are legal, whereas workingmen's strikes are ILLEGAL. And it is not only the penal code which says this, but the economic system, the necessity of the established order. As long as labor is not sovereign, it must be a slave; society is possible only on this condition. That each worker individually should have the free disposition of his person and his arms may be tolerated;[26] but that the workers should undertake, by combinations, to do violence to monopoly society cannot permit. Crush monopoly, and you abolish competition, and you disorganize the workshop, and you sow dissolution everywhere. Authority, in shooting down the miners, found itself in the position of Brutus placed between his paternal love and his consular duties: he had to sacrifice either his children or the republic. The alternative was horrible, I admit; but such is the spirit and letter of the social compact, such is the tenor of the charter, such is the order of Providence.

[26] The new law regarding service-books has confined the independence of workers within narrower limits. The democratic press has again thundered its indignation this subject against those in power, as if they had been guilty of anything more than the application of the principles of authority and property, which are those of democracy. What the Chambers have done in regard to service-books was inevitable, and should have been expected. It is as impossible for a society founded on the proprietary principle not to end in class distinctions as for a democracy to avoid despotism, for a religion to be reasonable, for fanaticism to show tolerance. This is the law of contradiction: how long will it take us to understand it?

Thus the police function, instituted for the defence of the proletariat, is directed entirely against the proletariat. The proletaire is driven from the forests, from the rivers, from the mountains; even the cross- roads are forbidden him; soon he will know no road save that which leads to prison.

The advance in agriculture has made the advantage of artificial meadows and the necessity of abolishing common land generally felt. Everywhere communal lands are being cleared, let, enclosed; new advances, new wealth. But the poor day-laborer, whose only patrimony is the communal land and who supports a cow and several sheep in summer by letting them feed along the roads, through the underbrush, and over the stripped fields, will lose his sole and last resource. The landed proprietor, the purchaser or farmer of the communal lands, will alone thereafter sell, with his wheat and vegetables, milk and cheese. Instead of weakening an old monopoly, they create a new one. Even the road- laborers reserve for themselves the edges of the roads as a meadow belonging to them, and drive off all non-administrative cattle. What follows? That the day-laborer, before abandoning his cow, lets it feed in contravention of the law, becomes a marauder, commits a thousand depredations, and is punished by fine and imprisonment: of what use to him are police and agricultural progress? Last year the mayor of Mulhouse, to prevent grape-stealing, forbade every individual not an owner of vines to travel by day or night over roads running by or through vineyards,--a charitable precaution, since it prevented even desires and regrets. But if the public highway is nothing but an accessory of private property; if the communal lands are converted into private property; if the public domain, in short, assimilated to private property, is guarded, exploited, leased, and sold like private property,--what remains for the proletaire? Of what advantage is it to him that society has left the state of war to enter the regime of police?

Industry, as well as land, has its privileges,--privileges consecrated by the law, as always, under conditions and reservations, but, as always also, to the great disadvantage of the consumer. The question is interesting; we will say a few words upon it.

I quote M. Renouard.

"Privileges," says M. Renouard, "were a corrective of regulation."

I ask M. Renouard's permission to translate his thought by reversing his phrase: Regulation was a corrective of privilege. For whoever says regulation says limitation: now, how conceive of limiting privilege before it existed? I can conceive a sovereign submitting privileges to regulations; but I cannot at all understand why he should create privileges expressly to weaken the effect of regulations. There is nothing to prompt such a concession; it would be an effect without a cause. In logic as well as in history, everything is appropriated and monopolized when laws and regulations arrive: in this respect civil legislation is like penal legislation. The first results from possession and appropriation, the second from the appearance of crimes and offences. M. Renouard, preoccupied with the idea of servitude inherent in all regulation, has considered privilege as a compensation for this servitude; and it was this which led him to say that PRIVILEGES ARE A CORRECTIVE OF REGULATION. But what M. Renouard adds proves that he meant the opposite:

The fundamental principle of our legislation, that of granting temporary monopoly as a condition of a contract between society and the laborer, has always prevailed, etc.

What is, in reality, this grant of a monopoly? A simple acknowledgment, a declaration. Society, wishing to favor a new industry and enjoy the advantages which it promises, BARGAINS with the inventor, as it has bargained with the farmer; it guarantees him the monopoly of his industry for a time; but it does not create the monopoly. The monopoly exists by the very fact of the invention; and the acknowledgment of the monopoly is what constitutes society.

This ambiguity cleared up, I pass to the contradictions of the law.

All industrial nations have adopted the establishment of a temporary monopoly as a condition of a contract between society and the inventor. . . . . I do not take readily to the belief that all legislators of all countries have committed robbery.

M. Renouard, if ever he reads this work, will do me the justice to admit that, in quoting him, I do not criticise his thought; he himself has perceived the contradictions of the patent law. All that I pretend is to connect this contradiction with the general system.

Why, in the first place, a TEMPORARY monopoly in manufacture, while land monopoly is PERPETUAL? The Egyptians were more logical; with them these two monopolies were alike hereditary, perpetual, inviolable. I know the considerations which have prevailed against the perpetuity of literary property, and I admit them all; but these considerations apply equally well to property in land; moreover, they leave intact all the arguments brought forward against them. What, then, is the secret of all these variations of the legislator? For the rest, I do not need to say that, in pointing out this inconsistency, it is not my purpose either to slander or to satirize; I admit that the course of the legislator is determined, not by his will, but by necessity.

But the most flagrant contradiction is that which results from the enacting section of the law. Title IV, article 30, % 3, reads: "If the patent relates to principles, methods, systems, discoveries, theoretical or purely scientific conceptions, without indicating their industrial applications, the patent is void."

Now, what is a PRINCIPLE, a METHOD, a THEORETICAL CONCEPTION, a SYSTEM? It is the especial fruit of genius, it is invention in its purity, it is the idea, it is everything. The application is the gross fact, nothing. Thus the law excludes from the benefit of the patent the very thing which deserves it,--namely, the idea; on the contrary, it grants a patent to the application,--that is, to the material fact, to a pattern of the idea, as Plato would have said. Therefore it is wrongly called a PATENT FOR INVENTION; it should be called a PATENT FOR FIRST OCCUPANCY.

In our day, if a man had invented arithmetic, algebra, or the decimal system, he would have obtained no patent; but Bareme would have had a right of property in his Computations. Pascal, for his theory of the weight of the atmosphere, would not have been patented; instead of him, a glazier would have obtained the privilege of the barometer. I quote M. Arago:

After two thousand years it occurred to one of our fellow-countrymen that the screw of Archimedes, which is used to raise water, might be employed in forcing down gases; it suffices, without making any change, to turn it from right to left, instead of turning it, as when raising water, from left to right. Large volumes of gas, charged with foreign substances, are thus forced into water to a great depth; the gas is purified in rising again. I maintain that there was an invention; that the person who saw a way to make the screw of Archimedes a blowing machine was entitled to a patent.

What is more extraordinary is that Archimedes himself would thus be obliged to buy the right to use his screw; and M. Arago considers that just.

It is useless to multiply these examples: what the law meant to monopolize is, as I said just now, not the idea, but the fact; not the invention, but the occupancy. As if the idea were not the category which includes all the facts that express it; as if a method, a system, were not a generalization of experiences, and consequently that which properly constitutes the fruit of genius,--invention! Here legislation is more than anti-economic, it borders on the silly. Therefore I am entitled to ask the legislator why, in spite of free competition, which is nothing but the right to apply a theory, a principle, a method, a non-appropriable system, he forbids in certain cases this same competition, this right to apply a principle?" It is no longer possible," says M. Renouard, with strong reason, "to stifle competitors by combining in corporations and guilds; the loss is supplied by patents." Why has the legislator given hands to this conspiracy of monopolies, to this interdict upon theories belonging to all?

But what is the use of continually questioning one who can say nothing? The legislator did not know in what spirit he was acting when he made this strange application of the right of property, which, to be exact, we ought to call the right of priority. Let him explain himself, then, at least, regarding the clauses of the contract made by him, in our name, with the monopolists.

I pass in silence the part relating to dates and other administrative and fiscal formalities, and come to this article:

The patent does not guarantee the invention.

Doubtless society, or the prince who represents it, cannot and should not guarantee the invention, since, in granting a monopoly for fourteen years, society becomes the purchaser of the privilege, and consequently it is for the patentee to furnish the guarantee. How, then, can legislators proudly say to their constituents: "We have negotiated in your name with an inventor; he pledges himself to give you the enjoyment of his discovery on condition of having the exclusive exploitation for fourteen years. But we do not guarantee the invention"? On what, then, have you relied, legislators? How did you fail to see that, without a guarantee of the invention, you conceded a privilege, not for a real discovery, but for a possible discovery, and that thus the field of industry was given up by you before the plough was found? Certainly, your duty bade you to be prudent; but who gave you a commission to be dupes?

Thus the patent for invention is not even the fixing of a date; it is an abandonment in anticipation. It is as if the law should say: "I assure the land to the first occupant, but without guaranteeing its quality, its location, or even its existence; not even knowing whether I ought to give it up or that it falls within the domain of appropriation!" A pretty use of the legislative power!

I know that the law had excellent reasons for abstaining; but I maintain that it also had good reasons for intervening. Proof:

"It cannot be concealed," says M. Renouard, "it cannot be prevented; patents are and will be instruments of quackery as well as a legitimate reward of labor and genius. . . . It is for the good sense of the public to do justice to juggleries."

As well say it is for the good sense of the public to distinguish true remedies from false, pure wine from adulterated; or, it is for the good sense of the public to distinguish in a buttonhole the decoration awarded to merit from that prostituted to mediocrity and intrigue. Why, then, do you call yourselves the State, Power, Authority, Police, if the work of Police must be performed by the good sense of the public?

As the proverb says, he who owns land must defend it; likewise, he who holds a privilege is liable to attack.

Well! how will you judge the counterfeit, if you have no guarantee? In vain will they offer you the plea: in right first occupancy, in fact similarity. Where reality depends upon quality, not to demand a guarantee is to grant no right over anything, is to take away the means of comparing processes and identifying the counterfeit. In the matter of industrial processes success depends upon such trifles! Now, these trifles are the whole.