Chapter 7, Section 7.3 : Disastrous and inevitable consequences of the tax. (Provisions, sumptuary laws, rural and industrial police, patents, trade-marks, etc.)
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Chapter 7, Section 7.3
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 vise, 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 woolens 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 Cesar, what will Cesar eat? And if the poor man does not cut his cloak to cover Cesar's nudity, what will Cesar 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, woolens $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 jewelers, 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. What, then, has become of our old Gallic wit?
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
 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.
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 nonproductive 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 defense 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 criticized 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; but that the
 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?
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.
Thus the police function, instituted for the defense 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 offenses. 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 criticize 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 plow 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.
I infer from all this that the law regarding patents for inventions, indispensable so far as its motives are concerned, is impossible -- that is, illogical, arbitrary, disastrous -- in its economy. Under the control of certain necessities the legislator has thought best, in the general interest, to grant a privilege for a definite thing; and he finds that he has given a signature-in-blank to monopoly, that he has abandoned the chances which the public had of making the discovery or some other similar to it, that he has sacrificed the rights of competitors without compensation, and abandoned the good faith of defenseless consumers to the greed of quacks. Then, in order that nothing might be lacking to the absurdity of the contract, he has said to those whom he ought to guarantee: "Guarantee yourselves!"
I do not believe, any more than M. Renouard, that the legislators of all ages and all countries have willfully committed robbery in sanctioning the various monopolies which are pivotal in public economy. But M. Renouard might well also agree with me that the legislators of all ages and all countries have never understood at all their own decrees. A deaf and blind man once learned to ring the village bells and wind the village clock. It was fortunate for him, in performing his bell-ringer's functions, that neither the noise of the bells nor the height of the bell-tower made him dizzy. The legislators of all ages and all countries, for whom I profess, with M. Renouard, the profoundest respect, resemble that blind and deaf man; they are the Jacks-in-the-clock-house of all human follies.
What a feather it would be in my cap if I should succeed in making these automata reflect! if I could make them understand that their work is a Penelope's web, which they are condemned to unravel at one end as fast as they weave at the other!
Thus, while applauding the creation of patents, on other points they demand the abolition of privileges, and always with the same pride, the same satisfaction. M. Horace Say wishes trade in meat to be free. Among other reasons he puts forward this strictly mathematical argument:
The butcher who wants to retire from business seeks a purchaser for his investment; he figures in the account his tools, his merchandise, his reputation, and his custom; but under the present system, he adds to these the value of the bare title, -- that is, the right to share in a monopoly. Now, this supplementary capital which the purchasing butcher gives for the title bears interest; it is not a new creation; this interest must enter into the price of his meat. Hence the limitation of the number of butchers' stalls has a tendency to raise the price of meat rather than lower it.
I do not fear to affirm incidentally that what I have just said about the sale of a butcher's stall applies to every charge whatever having a salable title.
M. Horace Say's reasons for the abolition of the butcher's privilege are unanswerable; moreover, they apply to printers, notaries, attorneys, process-servers, clerks of courts, auctioneers, brokers, dealers in stocks, druggists, and others, as well as to butchers. But they do not destroy the reasons which have led to the adoption of these monopolies, and which are generally deduced from the need of security, authenticity, and regularity in business, as well as from the interests of commerce and the public health. The object, you say, is not attained. My God! I know it: leave the butcher's trade to competition, and you will eat carrion; establish a monopoly in the butcher's trade, and you will eat carrion. That is the only fruit you can hope for from your monopoly and patent legislation.
Abuses! cry the protective economists. Establish over commerce a supervisory police, make trade-marks obligatory, punish the adulteration of products, etc.
In the path upon which civilization has entered, whichever way we turn, we always end, then, either in the despotism of monopoly, and consequently the oppression of consumers, or else in the annihilation of privilege by the action of the police, which is to go backwards in economy and dissolve society by destroying liberty. Marvelous thing! in this system of free industry, abuses, like lice, being generated by their own remedies, if the legislator should try to suppress all offenses, be on the watch against all frauds, and secure persons, property, and the public welfare against any attack, going from reform to reform, he would finally so multiply the nonproductive functions that the entire nation would be engaged in them, and that at last there would be nobody left to produce. Everybody would be a policeman; the industrial class would become a myth. Then, perhaps, order would reign in monopoly.
"The principle of the law yet to be made concerning trade-marks," says M. Renouard, "is that these marks cannot and should not be transformed into guarantees of quality."
This is a consequence of the patent law, which, as we have seen, does not guarantee the invention. Adopt M. Renouard's principle; after that of what use will marks be? Of what importance is it to me to read on the cork of a bottle, instead of twelve-cent wine or fifteen-cent wine, WINE-DRINKERS' COMPANY or the name of any other concern you will? What I care for is not the name of the merchant, but the quality and fair price of the merchandise.
The name of the manufacturer is supposed, it is true, to serve as a concise sign of good or bad manufacture, of superior or inferior quality. Then why not frankly take part with those who ask, besides the mark of origin, a mark significant of something? Such a reservation is incomprehensible. The two sorts of marks have the same purpose; the second is only a statement or paraphrase of the first, a condensation of the merchant's prospectus; why, once more, if the origin signifies something, should not the mark define this significance?
M. Wolowski has very clearly developed this argument in his opening lecture of 1843-44, the substance of which lies entirely in the following analogy: Just as the government has succeeded in determining a standard of quantity, it may, it should also fix a standard of quality; one of these standards is the necessary complement of the other. The monetary unit, the system of weights and measures, have not infringed upon industrial liberty; no more would it be damaged by a system of trade-marks.
M. Wolowski then supports himself on the authority of the princes of the science, A. Smith and J. B. Say, -- a precaution always useful with hearers who bow to authority much more than to reason.
I declare, for my part, that I thoroughly share M. Wolowski's idea, and for the reason that I find it profoundly revolutionary. The trade-mark, being, according to M. Wolowski's expression, nothing but a standard of qualities, is equivalent in my eyes to a general scheduling of prices. For, whether a particular administration marks in the name of the State and guarantees the quality of the merchandise, as is the case with gold and silver, or whether the matter of marking is left to the manufacturer, from the moment that the mark must give the intrinsic composition of the merchandise (these are M. Wolowski's own words) and guarantee the consumer against all surprise, it necessarily resolves itself into a fixed price. It is not the same thing as price; two similar products, but differing in origin and quality, may be of equal value, as a bottle of Burgundy may be worth a bottle of Bordeaux; but the mark, being significant, leads to an exact knowledge of the price, since it gives the analysis. To calculate the price of an article of merchandise is to decompose it into its constituent parts; now, that is exactly what the trade-mark must do, if designed to signify anything. Therefore we are on the road, as I have said, to a general scheduling of prices.
But a general scheduling of prices is nothing but a determination of all values, and here again political economy comes into conflict with its own principles and tendencies. Unfortunately, to realize M. Wolowski's reform, it is necessary to begin by solving all the previous contradictions and enter a higher sphere of association; and it is this absence of solution which has brought down upon M. Wolowski's system the condemnation of most of his fellow-economists.
In fact, the system of trade-marks is inapplicable in the existing order, because this system, contrary to the interests of the manufacturers and repugnant to their habits, could be sustained only by the energetic will of power. Suppose for a moment that the administration be charged with affixing the marks; its agents will have to interpose continually in the work of manufacture, as it interposes in the liquor business and the manufacture of beer; further, these agents, whose functions seem already so intrusive and annoying, deal only with taxable quantities, not with exchangeable qualities. These fiscal supervisors and inspectors will have to carry their investigation into all details in order to repress and prevent fraud; and what fraud? The legislator will have defined it either incorrectly or not at all; it is at this point that the task becomes appalling.
There is no fraud in selling wine of the poorest quality, but there is fraud in passing off one quality for another; then you are obliged to differentiate the qualities of wines, and consequently to guarantee them. Is it fraudulent to mix wines? Chaptal, in his treatise on the art of making wine, advises this as eminently useful; on the other hand, experience proves that certain wines, in some way antagonistic to each other or incompatible, produce by their mixture a disagreeable and unhealthy drink. Then you are obliged to say what wines can be usefully mixed, and what cannot. Is it fraudulent to aromatize, alcoholize, and water wines? Chaptal recommends this also; and everybody knows that this drugging produces sometimes advantageous results, sometimes pernicious and detestable effects. What substances will you proscribe? In what cases? In what proportion? Will you prohibit chicory in coffee, glucose in beer, water, cider, and three-six alcohol in wine?
The Chamber of Deputies, in the rude attempt at a law which it was pleased to make this year regarding the adulteration of wines, stopped in the very middle of its work, overcome by the inextricable difficulties of the question. It succeeded in declaring that the introduction of water into wine, and of alcohol above the proportion of eighteen per cent., was fraudulent, and in putting this fraud into the category of offenses. It was on the ground of ideology; there one never meets an obstacle. But everybody has seen in this redoubling of severity the interest of the treasury much more than that of the consumer; the Chamber did not dare to create a whole army of wine-tasters, inspectors, etc., to watch for fraud and identify it, and thus load the budget with a few extra millions; in prohibiting watering and alcoholization, the only means left to the merchant-manufacturers of putting wine within the reach of all and realizing profits, it did not succeed in increasing the market by a decrease in production. The chamber, in a word, in prosecuting the adulteration of wines, has simply set back the limits of fraud. To make its work accomplish its purpose it would first have to show how the liquor trade is possible without adulteration, and how the people can buy unadulterated wine, -- which is beyond the competency and escapes the capacity of the Chamber.
If you wish the consumer to be guaranteed, both as to value and as to healthfulness, you are forced to know and to determine all that constitutes good and honest production, to be continually at the heels of the manufacturer, and to guide him at every step. He no longer manufactures; you, the State, are the real manufacturer.
Thus you find yourself in a trap. Either you hamper the liberty of commerce by interfering in production in a thousand ways, or you declare yourself sole producer and sole merchant.
In the first case, through annoying everybody, you will finally cause everybody to rebel; and sooner or later, the State getting itself expelled, trade-marks will be abolished. In the second you substitute everywhere the action of power for individual initiative, which is contrary to the principles of political economy and the constitution of society. Do you take a middle course? It is favor, nepotism, hypocrisy, the worst of systems.
Suppose, now, that the marking be left to the manufacturer. I say that then the marks, even if made obligatory, will gradually lose their significance, and at last become only proofs of origin. He knows but little of commerce who imagines that a merchant, a head of a manufacturing enterprise, making use of processes that are not patentable, will betray the secret of his industry, of his profits, of his existence. The significance will then be a delusion; it is not in the power of the police to make it otherwise. The Roman emperors, to discover the Christians who dissembled their religion, obliged everybody to sacrifice to the idols. They made apostates and martyrs; and the number of Christians only increased. Likewise significant marks, useful to some houses, will engender innumerable frauds and repressions; that is all that can be expected of them. To induce the manufacturer to frankly indicate the intrinsic composition -- that is, the industrial and commercial value -- of his merchandise, it is necessary to free him from the perils of competition and satisfy his monopolistic instincts: can you do it? It is necessary, further, to interest the consumer in the repression of fraud, which, so long as the producer is not utterly disinterested, is at once impossible and contradictory. Impossible: place on the one hand a depraved consumer, China; on the other a desperate merchant, England; between them a venomous drug causing excitement and intoxication; and, in spite of all the police in the world, you will have trade in opium. Contradictory: in society the consumer and the producer are but one, -- that is, both are interested in the production of that which it is injurious to them to consume; and as, in the case of each, consumption follows production and sale, all will combine to guard the first interest, leaving it to each to guard himself against the second.
The thought which prompted trade-marks is of the same character as that which formerly inspired the maximum laws. Here again is one of the innumerable cross-roads of political economy.
It is indisputable that maximum laws, though made and supported by their authors entirely as a relief from famine, have invariably resulted in an aggravation of famine. Accordingly it is not injustice or malice with which the economists charge these abhorred laws, but stupidity, inexpediency. But what a contradiction in the theory with which they oppose them!
To relieve famine it is necessary to call up provisions, or, to put it better, to bring them to light; so far there is nothing to reproach. To secure a supply of provisions it is necessary to attract the holders by profits, excite their competition, and assure them complete liberty in the market: does not this process strike you as the absurdest homeopathy? How is it that the more easily I can be taxed the sooner I shall be provided? Let alone, they say, let pass; let competition and monopoly act, especially in times of famine, and even though famine is the effect of competition and monopoly. What logic! but, above all, what morality!
But why, then, should there not be a tariff for farmers as well as for bakers? Why not a registration of the sowing, of the harvest, of the vintage, of the pasturage, and of the cattle, as well as a stamp for newspapers, circulars, and orders, or an administration for brewers and wine-merchants? Under the monopoly system this would be, I admit, an increase of torments; but with our tendencies to unfairness in trade and the disposition of power to continually increase its personnel and its budget, a law of inquisition regarding crops is becoming daily more indispensable.
Besides, it would be difficult to say which, free trade or the maximum, causes the more evil in times of famine.
But, whichever course you choose, -- and you cannot avoid the alternative, -- the deception is sure and the disaster immense. With the maximum goods seek concealment; the terror increasing from the very effect of the law, the price of provisions rises and rises; soon circulation stops, and the catastrophe follows, as prompt and pitiless as a band of plunderers. With competition the progress of the scourge is slower, but no less fatal: how many deaths from exhaustion or hunger before the high prices attract food to the market! how many victims of extortion after it has arrived! It is the story of the king to whom God, in punishment for his pride, offered the alternative of three days' pestilence, three months' famine, or three years' war. David chose the shortest; the economists prefer the longest. Man is so miserable that he would rather end by consumption than by apoplexy; it seems to him that he does not die as much. This is the reason why the disadvantages of the maximum and the benefits of free trade have been so much exaggerated.
For the rest, if France during the last twenty-five years has experienced no general famine, the cause is not in the liberty of commerce, which knows very well, when it wishes, how to produce scarcity in the midst of plenty and how to make famine prevail in the bosom of abundance; it is in the improvement in the methods of communication, which, shortening distances, soon restore the equilibrium disturbed for a moment by local penury. A striking example of that sad truth that in society the general welfare is never the effect of a conspiracy of individual wills!
The farther we delve into this system of illusory compromises between monopoly and society, -- that is, as we have explained in 1 of this chapter, between capital and labor, between the patriciate and the proletariat, -- the more we discover that it is all foreseen, regulated, and executed in accordance with this infernal maxim, with which Hobbes and Machiavel, those theorists of despotism, were unacquainted: EVERYTHING BY THE PEOPLE AND AGAINST THE PEOPLE. While labor produces, capital, under the mask of a false fecundity, enjoys and abuses; the legislator, in offering his mediation, thought to recall the privileged class to fraternal feelings and surround the laborer with guarantees; and now he finds, by the fatal contradiction of interests, that each of these guarantees is an instrument of torture. It would require a hundred volumes, the life of ten men, and a heart of iron, to relate from this standpoint the crimes of the State towards the poor and the infinite variety of its tortures. A summary glance at the principal classes of police will be enough to enable us to estimate its spirit and economy.
After having sown trouble in all minds by a confusion of civil, commercial, and administrative laws, made the idea of justice more obscure by multiplying contradictions, and rendered necessary a whole class of interpreters for the explanation of this system, it has been found necessary also to organize the repression of crimes and provide for their punishment. Criminal justice, that particularly rich order of the great family of non-producers, whose maintenance costs France annually more than six million dollars, has become to society a principle of existence as necessary as bread is to the life of man; but with this difference, -- that man lives by the product of his hands, while society devours its members and feeds on its own flesh.
It is calculated by some economists that there is,
In London . . 1 criminal to every 89 inhabitants.
In Liverpool . . 1 " " " 45 "
In Newcastle . . 1 " " " 27 "
But these figures lack accuracy, and, utterly frightful as they seem, do not express the real degree of social perversion due to the police. We have to determine here not only the number of recognized criminals, but the number of offenses. The work of the criminal courts is only a special mechanism which serves to place in relief the moral destruction of humanity under the monopoly system; but this official exhibition is far from including the whole extent of the evil. Here are other figures which will lead us to a more certain approximation.
The police courts of Paris disposed,
In 1835 . . . . of 106,467 cases.
In 1836 . . . . " 128,489 "
In 1837 . . . . " 140,247 "
Supposing this rate of increase to have continued up to 1846, and to this total of misdemeanors adding the cases of the criminal courts, the simple matters that go no further than the police, and all the offenses unknown or left unpunished, -- offenses far surpassing in number, so the magistrates say, those which justice reaches, -- we shall arrive at the conclusion that in one year, in the city of Paris, there are more infractions of the law committed than there are inhabitants. And as it is necessary to deduct from the presumable authors of these infractions children of seven years and under, who are outside the limits of guilt, the figures will show that every adult citizen is guilty, three or four times a year, of violating the established order.
Thus the proprietary system is maintained at Paris only by the annual consummation of one or two millions of offenses! Now, though all these offenses should be the work of a single man, the argument would still hold good: this man would be the scapegoat loaded with the sins of Israel: of what consequence is the number of the guilty, provided justice has its contingent?
Violence, perjury, robbery, cheating, contempt of persons and society, are so much a part of the essence of monopoly; they flow from it so naturally, with such perfect regularity, and in accordance with laws so certain, -- that it is possible to submit their perpetration to calculation, and, given the number of a population, the condition of its industry, and the stage of its enlightenment, to rigorously deduce therefrom the statistics of its morality. The economists do not know yet what the principle of value is; but they know, within a few decimals, the proportionality of crime. So many thousand souls, so many malefactors, so many condemnations: about that there can be no mistake. It is one of the most beautiful applications of the theory of chances, and the most advanced branch of economic science. If socialism had invented this accusing theory, the whole world would have cried calumny.
Yet, after all, what is there in it that should surprise us? As misery is a necessary result of the contradictions of society, a result which it is possible to determine mathematically from the rate of interest, the rate of wages, and the prevailing market-prices, so crimes and misdemeanors are another effect of this same antagonism, susceptible, like its cause, of estimation by figures. The materialists have drawn the silliest inferences from this subordination of liberty to the laws of numbers: as if man were not under the influence of all that surrounds him, and as if, since all that surrounds him is governed by inexorable laws, he must not experience, in his freest manifestations, the reaction of those laws!
The same character of necessity which we have just pointed out in the establishment and sustenance of criminal justice is found, but under a more metaphysical aspect, in its morality.
In the opinion of all moralists, the penalty should be such as to secure the reformation of the offender, and consequently free from everything that might cause his degradation. Far be it from me to combat this blessed tendency of minds and disparage attempts which would have been the glory of the greatest men of antiquity. Philanthropy, in spite of the ridicule which sometimes attaches to its name, will remain, in the eyes of posterity, the most honorable characteristic of our time: the abolition of the death penalty, which is merely postponed; the abolition of the stigma; the studies regarding the effects of the cellular system; the establishment of workshops in the prisons; and a multitude of other reforms which I cannot even name, -- give evidence of real progress in our ideas and in our morals. What the author of Christianity, in an impulse of sublime love, related of his mystical kingdom, where the repentant sinner was to be glorified above the just and the innocent man, -- that utopia of Christian charity has become the aspiration of our skeptical society; and when one thinks of the unanimity of feeling which prevails in respect to it, he asks himself with surprise who then prevents this aspiration from being realized.
Alas! it is because reason is still stronger than love, and logic more tenacious than crime; it is because here as everywhere in our civilization there reigns an insoluble contradiction. Let us not wander into fantastic worlds; let us embrace, in all its frightful nudity, the real one.
Le crime fait la honte, et non pas l'echafaud,
says the proverb. By the simple fact that man is punished, provided he deserved to be, he is degraded: the penalty renders him infamous, not by virtue of the definition of the code, but by reason of the fault which caused the punishment. Of what importance, then, is the materiality of the punishment? of what importance all your penitentiary systems? What you do is to satisfy your feelings, but is powerless to rehabilitate the unfortunate whom your justice strikes. The guilty man, once branded by chastisement, is incapable of reconciliation; his stain is indelible, and his damnation eternal. If it were possible for it to be otherwise, the penalty would cease to be proportional to the offense; it would be no more than a fiction, it would be nothing. He whom misery has led to larceny, if he suffers himself to fall into the hands of justice, remains forever the enemy of God and men; better
 The crime makes the shame, and not the scaffold. -- Translator.
for him that he had never been born; it was Jesus Christ who said it: Bonum erat ei, si natus non fuisset homo ille. And what Jesus Christ declared, Christians and infidels do not dispute: the irreparability of shame is, of all the revelations of the Gospel, the only one which the proprietary world has understood. Thus, separated from nature by monopoly, cut off from humanity by poverty, the mother of crime and its punishment, what refuge remains for the plebeian whom labor cannot support, and who is not strong enough to take?
To conduct this offensive and defensive war against the proletariat a public force was indispensable: the executive power grew out of the necessities of civil legislation, administration, and justice. And there again the most beautiful hopes have changed into bitter disappointments.
As legislator, as burgomaster, and as judge, the prince has set himself up as a representative of divine authority. A defender of the poor, the widow, and the orphan, he has promised to cause liberty and equality to prevail around the throne, to come to the aid of labor, and to listen to the voice of the people. And the people have thrown themselves lovingly into the arms of power; and, when experience has made them feel that power was against them, instead of blaming the institution, they have fallen to accusing the prince, ever unwilling to understand that, the prince being by nature and destination the chief of non-producers and greatest of monopolists, it was impossible for him, in spite of himself, to take up the cause of the people.
All criticism, whether of the form or the acts of government, ends in this essential contradiction. And when the self-styled theorists of the sovereignty of the people pretend that the remedy for the tyranny of power consists in causing it to emanate from popular suffrage, they simply turn, like the squirrel, in their cage. For, from the moment that the essential conditions of power -- that is, authority, property, hierarchy -- are preserved, the suffrage of the people is nothing but the consent of the people to their oppression, -- which is the silliest charlatanism.
In the system of authority, whatever its origin, monarchical or democratic, power is the noble organ of society; by it society lives and moves; all initiative emanates from it; order and perfection are wholly its work. According to the definitions of economic science, on the contrary, -- definitions which harmonize with the reality of things, -- power is the series of non-producers which social organization must tend to indefinitely reduce. How, then, with the principle of authority so dear to democrats, shall the aspiration of political economy, an aspiration which is also that of the people, be realized? How shall the government, which by the hypothesis is everything, become an obedient servant, a subordinate organ? Why should the prince have received power simply to weaken it, and why should he labor, with a view to order, for his own elimination? Why should he not try rather to fortify himself, to add to his courtiers, to continually obtain new subsidies, and finally to free himself from dependence on the people, the inevitable goal of all power originating in the people?
It is said that the people, naming its legislators and through them making its will known to power, will always be in a position to arrest its invasions; that thus the people will fill at once the role of prince and that of sovereign. Such, in a word, is the utopia of democrats, the eternal mystification with which they abuse the proletariat.
But will the people make laws against power; against the principle of authority and hierarchy, which is the principle upon which society is based; against liberty and property? According to our hypothesis, this is more than impossible, it is contradictory. Then property, monopoly, competition, industrial privileges, the inequality of fortunes, the preponderance of capital, hierarchical and crushing centralization, administrative oppression, legal absolutism, will be preserved; and, as it is impossible for a government not to act in the direction of its principle, capital will remain as before the god of society, and the people, still exploited, still degraded, will have gained by their attempt at sovereignty only a demonstration of their powerlessness.
In vain do the partizans of power, all those dynastico-republican doctrinaires who are alike in everything but tactics, flatter themselves that, once in control of affairs, they will inaugurate reform everywhere. Reform what?
Reform the constitution? It is impossible. Though the entire nation should enter the constitutional convention, it would not leave it until it had either voted its servitude under another form, or decreed its dissolution.
Reconstruct the code, the work of the emperor, the pure substance of Roman law and custom? It is impossible. What have you to put in the place of your proprietary routine, outside of which you see and understand nothing? in the place of your laws of monopoly, the limits of whose circle your imagination is powerless to overstep? More than half a century ago royalty and democracy, those two sibyls which the ancient world has bequeathed to us, undertook, by a constitutional compromise, to harmonize their oracles; since the wisdom of the prince has placed itself in unison with the voice of the people, what revelation has resulted? what principle of order has been discovered? what issue from the labyrinth of privilege pointed out? Before prince and people had signed this strange compromise, in what were their ideas not similar? and now that each is trying to break the contract, in what do they differ?
Diminish public burdens, assess taxes on a more equitable basis? It is impossible: to the treasury as to the army the man of the people will always furnish more than his contingent.
Regulate monopoly, bridle competition? It is impossible; you would kill production.
Open new markets? It is impossible.
Organize credit? It is impossible.
Attack heredity? It is impossible.
Create national workshops, assure a minimum to unemployed workmen, and assign to employes a share of the profits? It is impossible. It is in the nature of government to be able to deal with labor only to enchain laborers, as it deals with products only to levy its tithe.
Repair, by a system of indemnities, the disastrous effects of machinery? It is impossible.
Combat by regulations the degrading influence of parcellaire division? It is impossible.
Cause the people to enjoy the benefits of education? It is impossible.
Establish a tariff of prices and wages, and fix the value of things by sovereign authority? It is impossible, it is impossible.
Of all the reforms which society in its distress solicits not one is within the competence of power; not one can be realized
 See volume II., chapter IX.
 Ibid., chapter X.
 Ibid., chapter XI.
by it, because the essence of power is repugnant to them all, and it is not given to man to unite what God has divided.
At least, the partizans of governmental initiative will say, you will admit that, in the accomplishment of the revolution promised by the development of antinomies, power would be a potent auxiliary. Why, then, do you oppose a reform which, putting power in the hands of the people, would second your views so well? Social reform is the object; political reform is the instrument: why, if you wish the end, do you reject the means?
Such is today the reasoning of the entire democratic press, which I forgive with all my heart for having at last, by this quasi-socialistic confession of faith, itself proclaimed the emptiness of its theories. It is in the name of science, then, that democracy calls for a political reform as a preliminary to social reform. But science protests against this subterfuge as an insult; science repudiates any alliance with politics, and, very far from expecting from it the slightest aid, must begin with politics its work of exclusion.
How little affinity there is between the human mind and truth! When I see the democracy, socialistic but yesterday, continually asking for capital in order to combat capital's influence; for wealth, in order to cure poverty; for the abandonment of liberty, in order to organize liberty; for the reformation of government, in order to reform society, -- when I see it, I say, taking upon itself the responsibility of society, provided social questions be set aside or solved, it seems to me as if I were listening to a fortuneteller who, before answering the questions of those who consult her, begins by inquiring into their age, their condition, their family, and all the accidents of their life. Eh! miserable sorceress, if you know the future, you know who I am and what I want; why do you ask me to tell you?
Likewise I will answer the democrats: If you know the use that you should make of power, and if you know how power should be organized, you possess economic science. Now, if you possess economic science, if you have the key of its contradictions, if you are in a position to organize labor, if you have studied the laws of exchange, you have no need of the capital of the nation or of public force. From this day forth you are more potent than money, stronger than power. For, since the laborers are with you, you are by that fact alone masters of production; you hold commerce, manufactures, and agriculture enchained; you have the entire social capital at your disposition; you have full control of taxation; you block the wheels of power, and you trample monopoly under foot. What other initiative, what greater authority, do you ask? What prevents you from applying your theories?
Surely not political economy, although generally followed and accredited: for, everything in political economy having a true side and a false side, your only problem is to combine the economic elements in such a way that their total shall no longer present a contradiction.
Nor is it the civil law: for that law, sanctioning economic routine solely because of its advantages and in spite of its disadvantages, is susceptible, like political economy itself, of being bent to all the exigencies of an exact synthesis, and consequently is as favorable to you as possible.
Finally, it is not power, which, the last expression of antagonism and created only to defend the law, could stand in your way only by forswearing itself.
Once more, then, what stops you?
If you possess social science, you know that the problem of association consists in organizing, not only the non-producers, -- in that direction, thank heaven! little remains to be done, -- but also the producers, and by this organization subjecting capital and subordinating power. Such is the war that you have to sustain: a war of labor against capital; a war of liberty against authority; a war of the producer against the non-producer; a war of equality against privilege. What you ask, to conduct the war to a successful conclusion, is precisely that which you must combat. Now, to combat and reduce power, to put it in its proper place in society, it is of no use to change the holders of power or introduce some variation into its workings: an agricultural and industrial combination must be found by means of which power, today the ruler of society, shall become its slave. Have you the secret of that combination?
But what do I say? That is precisely the thing to which you do not consent. As you cannot conceive of society without hierarchy, you have made yourselves the apostles of authority; worshipers of power, you think only of strengthening it and muzzling liberty; your favorite maxim is that the welfare of the people must be achieved in spite of the people; instead of proceeding to social reform by the extermination of power and politics, you insist on a reconstruction of power and politics. Then, by a series of contradictions which prove your sincerity, but the illusory character of which is well known to the real friends of power, the aristocrats and monarchists, your competitors, you promise us, in the name of power, economy in expenditures, an equitable assessment of taxes, protection to labor, gratuitous education, universal suffrage, and all the utopias repugnant to authority and property. Consequently power in your hands has never been anything but ruinous, and that is why you have never been able to retain it; that is why, on the Eighteenth of Brumaire, four men were sufficient to take it away from you, and why today the bourgeoisie, which is as fond of power as you are and which wants a strong power, will not restore it to you.
Thus power, the instrument of collective might, created in society to serve as a mediator between labor and privilege, finds itself inevitably enchained to capital and directed against the proletariat. No political reform can solve this contradiction, since, by the confession of the politicians themselves, such a reform would end only in increasing the energy and extending the sphere of power, and since power would know no way of touching the prerogatives of monopoly without overturning the hierarchy and dissolving society. The problem before the laboring classes, then, consists, not in capturing, but in subduing both power and monopoly, -- that is, in generating from the bowels of the people, from the depths of labor, a greater authority, a more potent fact, which shall envelop capital and the State and subjugate them. Every proposition of reform which does not satisfy this condition is simply one scourge more, a rod doing sentry duty, virgem vigilantem, as a prophet said, which threatens the proletariat.
The crown of this system is religion. There is no occasion for me to deal here with the philosophic value of religious opinions, relate their history, or seek their interpretation. I confine myself to a consideration of the economic origin of religion, the secret bond which connects it with police, the place which it occupies in the series of social manifestations.
Man, despairing of finding the equilibrium of his powers,
 Date of the Napoleonic coup d'Etat, according to the revolutionary calendar.
Leaps, as it were, outside of himself and seeks in infinity that sovereign harmony the realization of which is to him the highest degree of reason, power, and happiness. Unable to harmonize with himself, he kneels before God and prays. He prays, and his prayer, a hymn sung to God, is a blasphemy against society.
It is from God, man says to himself, that authority and power come to me: then, let us obey God and the prince. Obedite Deo et principibus. It is from God that law and justice come to me. Per me reges regnant et potentes decernunt justitiam. Let us respect the commands of the legislator and the magistrate. It is God who controls the prosperity of labor, who makes and unmakes fortunes: may his will be done! Dominus dedit, Dominus abstulit, sit nomen Domini benedictum. It is God who punishes me when misery devours me, and when I am persecuted for righteousness's sake: let us receive with respect the scourges which his mercy employs for our purification. Humiliamini igitur sub potenti manu Dei. This life, which God has given me, is but an ordeal which leads me to salvation: let us shun pleasure; let us love and invite pain; let us find our pleasure in doing penance. The sadness which comes from injustice is a favor from on high; blessed are they that mourn! Beati qui lugent! . . . . Hæc est enim gratia, si quis sustinet tristitias, patiens injuste.
A century ago a missionary, preaching before an audience made up of financiers and grandees, did justice to this odious morality. "What have I done?" he cried, with tears. "I have saddened the poor, the best friends of my God! I have preached the rigors of penance to unfortunates who want for bread! It is here, where my eyes fall only on the powerful and on the rich, on the oppressors of suffering humanity, that I must launch the word of God in all the force of its thunder!"
Let us admit, nevertheless, that the theory of resignation has served society by preventing revolt. Religion, consecrating by divine right the inviolability of power and of privilege, has given humanity the strength to continue its journey and exhaust its contradictions. Without this bandage thrown over the eyes of the people society would have been a thousand times dissolved. Some one had to suffer that it might be cured; and religion, the comforter of the afflicted, decided that it should be the poor man. It is this suffering which has led us to our present position; civilization, which owes all its marvels to the laborer, owes also to his voluntary sacrifice its future and its existence. Oblatus est quia ipse voluit, et livore ejus sanati sumus.
O people of laborers! disinherited, harassed, proscribed people! people whom they imprison, judge, and kill! despised people, branded people! Do you not know that there is an end, even to patience, even to devotion? Will you not cease to lend an ear to those orators of mysticism who tell you to pray and to wait, preaching salvation now through religion, now through power, and whose vehement and sonorous words captivate you? Your destiny is an enigma which neither physical force, nor courage of soul, nor the illuminations of enthusiasm, nor the exaltation of any sentiment, can solve. Those who tell you to the contrary deceive you, and all their discourses serve only to postpone the hour of your deliverance, now ready to strike. What are enthusiasm and sentiment, what is vain poesy, when confronted with necessity? To overcome necessity there is nothing but necessity itself, the last reason of nature, the pure essence of matter and spirit.
Thus the contradiction of value, born of the necessity of free will, must be overcome by the proportionality of value, another necessity produced by the union of liberty and intelligence. But, in order that this victory of intelligent and free labor might produce all its consequences, it was necessary that society should pass through a long succession of torments.
It was a necessity that labor, in order to increase its power, should be divided; and a necessity, in consequence of this division, that the laborer should be degraded and impoverished.
It was a necessity that this original division should be reconstructed by scientific instruments and combinations; and a necessity, in consequence of this reconstruction, that the subordinated laborer should lose, together with his legitimate wages, even the exercise of the industry which supported him.
It was a necessity that competition then should step in to emancipate liberty on the point of perishing; and a necessity that this deliverance should end in a vast elimination of laborers.
It was a necessity that the producer, ennobled by his art, as formerly the warrior was by arms, should bear aloft his banner, in order that the valor of man might be honored in labor as in war; and a necessity that of privilege should straightway be born the proletariat.
It was a necessity that society should then take under its protection the conquered plebeian, a beggar without a roof; and a necessity that this protection should be converted into a new series of tortures.
We shall meet on our way still other necessities, all of which will disappear, like the others, before greater necessities, until shall come at last the general equation, the supreme necessity, the triumphant fact, which must establish the kingdom of labor forever.
But this solution cannot result either from surprise or from a vain compromise. It is as impossible to associate labor and capital as to produce without labor and without capital; as impossible to establish equality by power as to suppress power and equality and make a society without people and without police.
There is a necessity, I repeat, of a MAJOR FORCE to invert the actual formulas of society; a necessity that the LABOR of the people, not their valor nor their votes, should, by a scientific, legitimate, immortal, insurmountable combination, subject capital to the people and deliver to them power.
From : University of Virginia Library
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