Chapter V: Psychological Exposition of the Idea of Justice (9)

[Footnote 56: "Its acquisitive nature works rapidly in the sleep of the law. It is ready, at the word, to absorb every thing. Witness the famous equivocation about the ox-hide which, when cut up into thongs, was large enough to enclose the site of Carthage.... The legend has reappeared several times since Dido.... Such is the love of man for the land. Limited by tombs, measured by the members of the human body, by the thumb, the foot, and the arm, it harmonizes, as far as possible, with the very proportions of man. Nor is he satisfied yet: he calls Heaven to witness that it is his; he tries to or his land, to give it the form of heaven.... In his titanic intoxication, he describes property in the very terms which he employs in describing the Almighty--_fundus_ _optimus maximus_.... He shall make it his couch, and they shall be separated no more,--{GREEK, ' nf g h g g."}--Michelet:Origin of French Law.]

[Footnote 57: M. Guizot denies that Christianity alone is entitled to the glory of the abolition of slavery. "To this end," he says, "many causes were necessary,--the evolution of other ideas and other principles of civilization." So general an assertion cannot be refuted. Some of these ideas and causes should have been pointed out, that we might judge whether their source was not wholly Christian, or whether at least the Christian spirit had not penetrated and thus fructified them. Most of the emancipation charters begin with these words: "For the love of God and the salvation of my soul."]

[Footnote 58: _Weregild_,--the fine paid for the murder of a man. So much for a count, so much for a baron, so much for a freeman, so much for a priest; for a slave, nothing. His value was restored to the proprietor.]

[Footnote 59: The spirit of despotism and monopoly which animated the communes has not escaped the attention of historians. "The formation of the commoners' associations," says Meyer, "did not spring from the true spirit of liberty, but from the desire for exemption from the charges of the seigniors, from individual interests, and jealousy of the welfare of others.... Each commune or corporation opposed the creation of every other; and this spirit increased to such an extent that the King of England, Henry V., having established a university at Caen, in 1432, the city and university of Paris opposed the registration of the edict."]

[Footnote 60: Feudalism was, in spirit and in its providential destiny, a long protest of the human personality against the monkish communism with which Europe, in the middle ages, was overrun. After the orgies of Pagan selfishness, society--carried to the opposite extreme by the Christian religion--risked its life by unlimited self-denial and absolute indifference to the pleasures of the world. Feudalism was the balance-weight which saved Europe from the combined influence of the religious communities and the Manlchean sects which had sprung up since the fourth century under different names and in different countries. Modern civilization is indebted to feudalism for the definitive establishment of the person, of marriage, of the family, and of country. (See, on this subject, Guizot, "History of Civilization in Europe.")]

[Footnote 61: This was made evident in July, 1830, and the years which followed it, when the electoral bourgeoisie effected a revolution in order to get control over the king, and suppressed the emeutes in order to restrain the people. The bourgeoisie, through the jury, the magistracy, its position in the army, and its municipal despotism, governs both royalty and the people. It is the bourgeoisie which, more than any other class, is conservative and retrogressive. It is the bourgeoisie which makes and unmakes ministries. It is the bourgeoisie which has destroyed the influence of the Upper Chamber, and which will dethrone the King whenever he shall become unsatisfactory to it. It is to please the bourgeoisie that royalty makes itself unpopular. It is the bourgeoisie which is troubled at the hopes of the people, and which hinders reform. The journals of the bourgeoisie are the ones which preach morality and religion to us, while reserving scepticism and indifference for themselves; which attack personal government, and favor the denial of the electoral privilege to those who have no property. The bourgeoisie will accept any thing rather than the emancipation of the proletariat. As soon as it thinks its privileges threatened, it will unite with royalty; and who does not know that at this very moment these two antagonists have suspended their quarrels?... It has been a question of property.]

[Footnote 62: The same opinion was recently expressed from the tribune by one of our most honorable Deputies, M. Gauguier. "Nature," said he, "has not endowed man with landed property." Changing the adjective LANDED, which designates only a species into CAPITALISTIC, which denotes the genus,--M. Gauguier made an egalitaire profession of faith.]

[Footnote 63: A professor of comparative legislation, M. Lerminier, has gone still farther. He has dared to say that the nation took from the clergy all their possessions, not because of IDLENESS, but because of UNWORTHINESS. "You have civilized the world," cries this apostle of equality, speaking to the priests; "and for that reason your possessions were given you. In your hands they were at once an instrument and a reward. But you do not now deserve them, for you long since ceased to civilize any thing whatever...."]

[Footnote 64: "Treatise on Prescription."]

[Footnote 65: "Origin of French Law."]

[Footnote 66: To honor one's parents, to be grateful to one's benefactors, to neither kill nor steal,--truths of inward sensation. To obey God rather than men, to render to each that which is his; the whole is greater than a part, a straight line is the shortest road from one point to another,--truths of intuition. All are a priori but the first are felt by the conscience, and imply only a simple act of the soul; the second are perceived by the reason, and imply comparison and relation. In short, the former are sentiments, the latter are ideas.]

[Footnote 67: Armand Carrel would have favored the fortification of the capital. "Le National" has said, again and again, placing the name of its old editor by the side of the names of Napoleon and Vauban. What signifies this exhumation of an anti-popular politician? It signifies that Armand Carrel wished to make government an individual and irremovable, but elective, property, and that he wished this property to be elected, not by the people, but by the army. The political system of Carrel was simply a reorganization of the pretorian guards. Carrel also hated the _pequins_. That which he deplored in the revolution of July was not, they say, the insurrection of the people, but the victory of the people over the soldiers. That is the reason why Carrel, after 1830, would never support the patriots. "Do you answer me with a few regiments?" he asked. Armand Carrel regarded the army--the military power--as the basis of law and government. This man undoubtedly had a moral sense within him, but he surely had no sense of justice. Were he still in this world, I declare it boldly, liberty would have no greater enemy than Carrel.]

[Footnote 68: In a very short article, which was read by M. Wolowski, M. Louis Blanc declares, in substance, that he is not a communist (which I easily believe); that one must be a fool to attack property (but he does not say why); and that it is very necessary to guard against confounding property with its abuses. When Voltaire overthrew Christianity, he repeatedly avowed that he had no spite against religion, but only against its abuses.]

[Footnote 69: The property fever is at its height among writers and artists, and it is curious to see the complacency with which our legislators and men of letters cherish this devouring passion. An artist sells a picture, and then, the merchandise delivered, assumes to prevent the purchaser from selling engravings, under the pretext that he, the painter, in selling the original, has not sold his DESIGN. A dispute arises between the amateur and the artist in regard to both the fact and the law. M. Villemain, the Minister of Public Instruction, being consulted as to this particular case, finds that the painter is right; only the property in the design should have been specially reserved in the contract: so that, in reality, M. Villemain recognizes in the artist a power to surrender his work and prevent its communication; thus contradicting the legal axiom, One CANNOT GIVE AND KEEP AT THE SAME TIME. A strange reasoner is M. Villemain! An ambiguous principle leads to a false conclusion. Instead of rejecting the principle, M. Villemain hastens to admit the conclusion. With him the _reductio ad absurdum_ is a convincing argument. Thus he is made official defender of literary property, sure of being understood and sustained by a set of loafers, the disgrace of literature and the plague of public morals. Why, then, does M. Villemain feel so strong an interest in setting himself up as the chief of the literary classes, in playing for their benefit the role of Trissotin in the councils of the State, and in becoming the accomplice and associate of a band of profligates,--_soi-disant_ men of letters,--who for more than ten years have labored with such deplorable success to ruin public spirit, and corrupt the heart by warping the mind?]

[Footnote 70: M. Leroux has been highly praised in a review for having defended property. I do not know whether the industrious encyclopedist is pleased with the praise, but I know very well that in his place I should mourn for reason and for truth.]

[Footnote 71: "Impartial," of Besancon.]

[Footnote 72: The Arians deny the divinity of Christ. The Semi-Arians differ from the Arians only by a few subtle distinctions. M. Pierre Leroux, who regards Jesus as a man, but claims that the Spirit of God was infused into him, is a true Semi-Arian.

The Manicheans admit two co-existent and eternal principles,--God and matter, spirit and flesh, light and darkness, good and evil; but, unlike the Phalansterians, who pretend to reconcile the two, the Manicheans make war upon matter, and labor with all their might for the destruction of the flesh, by condemning marriage and forbidding reproduction,--which does not prevent them, however, from indulging in all the carnal pleasures which the intensest lust can conceive of. In this last particular, the tendency of the Fourieristic morality is quite Manichean.

The Gnostics do not differ from the early Christians. As their name indicates, they regarded themselves as inspired. Fourier, who held peculiar ideas concerning the visions of somnambulists, and who believed in the possibility of developing the magnetic power to such an extent as to enable us to commune with invisible beings, might, if he were living, pass also for a Gnostic.

The Adamites attend mass entirely naked, from motives of chastity. Jean Jacques Rousseau, who took the sleep of the senses for chastity, and who saw in modesty only a refinement of pleasure, inclined towards Adamism. I know such a sect, whose members usually celebrate their mysteries in the costume of Venus coming from the bath.

The Pre-Adamites believe that men existed before the first man. I once met a Pre-Adamite. True, he was deaf and a Fourierist.

The Pelagians deny grace, and attribute all the merit of good works to liberty. The Fourierists, who teach that man's nature and passions are good, are reversed Pelagians; they give all to grace, and nothing to liberty.

The Socinians, deists in all other respects, admit an original revelation. Many people are Socinians to-day, who do not suspect it, and who regard their opinions as new.

The Neo-Christians are those simpletons who admire Christianity because it has produced bells and cathedrals. Base in soul, corrupt in heart, dissolute in mind and senses, the Neo-Christians seek especially after the external form, and admire religion, as they love women, for its physical beauty. They believe in a coming revelation, as well as a transfiguration of Catholicism. They will sing masses at the grand spectacle in the phalanstery.]

[Footnote 73: It should be understood that the above refers only to the moral and political doctrines of Fourier,--doctrines which, like all philosophical and religious systems, have their root and _raison d'existence_ in society itself, and for this reason deserve to be examined. The peculiar speculations of Fourier and his sect concerning cosmogony, geology, natural history, physiology, and psychology, I leave to the attention of those who would think it their duty to seriously refute the fables of Blue Beard and the Ass's Skin.]

[Footnote 74: A writer for the radical press, M. Louis Raybaud, said, in the preface to his "Studies of Contemporary Reformers:" "Who does not know that morality is relative? Aside from a few grand sentiments which are strikingly instinctive, the measure of human acts varies with nations and climates, and only civilization--the progressive education of the race--can lead to a universal morality.... The absolute escapes our contingent and finite nature; the absolute is the secret of God." God keep from evil M. Louis Raybaud! But I cannot help remarking that all political apostates begin by the negation of the absolute, which is really the negation of truth. What can a writer, who professes scepticism, have in common with radical views? What has he to say to his readers? What judgment is he entitled to pass upon contemporary reformers? M. Raybaud thought it would seem wise to repeat an old impertinence of the legist, and that may serve him for an excuse. We all have these weaknesses. But I am surprised that a man of so much intelligence as M. Raybaud, who STUDIES SYSTEMS, fails to see the very thing he ought first to recognize,--namely, that systems are the progress of the mind towards the absolute.]

[Footnote 75: The electoral reform, it is continually asserted, is not an END, but a MEANS. Undoubtedly; but what, then, is the end? Why not furnish an unequivocal explanation of its object? How can the people choose their representatives, unless they know in advance the purpose for which they choose them, and the object of the commission which they entrust to them? But, it is said, the very business of those chosen by the people is to find out the object of the reform. That is a quibble. What is to hinder these persons, who are to be elected in future, from first seeking for this object, and then, when they have found it, from communicating it to the people? The reformers have well said, that, while the object of the electoral reform remains in the least indefinite, it will be only a means of transferring power from the hands of petty tyrants to the hands of other tyrants. We know already how a nation may be oppressed by being led to believe that it is obeying only its own laws. The history of universal suffrage, among all nations, is the history of the restrictions of liberty by and in the name of the multitude. Still, if the electoral reform, in its present shape, were rational, practical, acceptable to clean consciences and upright minds, perhaps one might be excused, though ignorant of its object, for supporting it. But, no; the text of the petition determines nothing, makes no distinctions, requires no conditions, no guarantee; it establishes the right without the duty. "Every Frenchman is a voter, and eligible to office." As well say: "Every bayonet is intelligent, every savage is civilized, every slave is free." In its vague generality, the reformatory petition is the weakest of abstractions, or the highest form of political treason. Consequently, the enlightened patriots distrust and despise each other. The most radical writer of the time,--he whose economical and social theories are, without comparison, the most advanced,--M. Leroux, has taken a bold stand against universal suffrage and democratic government, and has written an exceedingly keen criticism of J. J. Rousseau. That is undoubtedly the reason why M. Leroux is no longer the philosopher of "Le National." That journal, like Napoleon, does not like men of ideas. Nevertheless, "Le National" ought to know that he who fights against ideas will perish by ideas.]