No society can exist unless the laws are respected to a certain degree, but the safest way to make them respected is to make them respectable.
When law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law--two evils of equal magnitude, between which it would be difficult to choose.
It is so much in the nature of law to support justice, that in the minds of the ma.s.ses they are one and the same. There is in all of us a strong disposition to regard what is lawful as legitimate, so much so, that many falsely derive all justice from law. It is sufficient, then, for the law to order and sanction plunder, that it may appear to many consciences just and sacred. Slavery, protection, and monopoly find defenders, not only in those who profit by them, but in those who suffer by them. If you suggest a doubt as to the morality of these inst.i.tutions, it is said directly--"You are a dangerous innovator, a utopian, a theorist, a despiser of the laws; you would shake the basis upon which society rests."
If you lecture upon morality, or political economy, official bodies will be found to make this request to the Government:--
"That henceforth science be taught not only with sole reference to free exchange (to liberty, property, and justice), as has been the case up to the present time, but also, and especially, with reference to the facts and legislation (contrary to liberty, property, and justice) which regulate French industry.
"That, in public pulpits salaried by the treasury, the professor abstain rigorously from endangering in the slightest degree the respect due to the laws now in force."[7]
So that if a law exists which sanctions slavery or monopoly, oppression or plunder, in any form whatever, it must not even be mentioned--for how can it be mentioned without damaging the respect which it inspires?
Still further, morality and political economy must be taught in connexion with this law--that is, under the supposition that it must be just, only because it is law.
Another effect of this deplorable perversion of the law is, that it gives to human pa.s.sions and to political struggles, and, in general, to politics, properly so called, an exaggerated preponderance.
I could prove this a.s.sertion in a thousand ways. But I shall confine myself, by way of ill.u.s.tration, to bringing it to bear upon a subject which has of late occupied everybody"s mind--universal suffrage.
Whatever may be thought of it by the adepts of the school of Rousseau, which professes to be _very far advanced_, but which I consider twenty centuries _behind, universal_ suffrage (taking the word in its strictest sense) is not one of those sacred dogmas with respect to which examination and doubt are crimes.
Serious objections may be made to it.
In the first place, the word _universal_ conceals a gross sophism. There are, in France, 36,000,000 of inhabitants. To make the right of suffrage universal, 36,000,000 of electors should be reckoned. The most extended system reckons only 9,000,000. Three persons out of four, then, are excluded; and more than this, they are excluded by the fourth. Upon what principle is this exclusion founded? Upon the principle of incapacity.
Universal suffrage, then, means--universal suffrage of those who are capable. In point of fact, who are the capable? Are age, s.e.x, and judicial condemnations the only conditions to which incapacity is to be attached?
On taking a nearer view of the subject, we may soon perceive the motive which causes the right of suffrage to depend upon the presumption of incapacity; the most extended system differing only in this respect from the most restricted, by the appreciation of those conditions on which this incapacity depends, and which const.i.tutes, not a difference in principle, but in degree.
This motive is, that the elector does not stipulate for himself, but for everybody.
If, as the republicans of the Greek and Roman tone pretend, the right of suffrage had fallen to the lot of every one at his birth, it would be an injustice to adults to prevent women and children from voting. Why are they prevented? Because they are presumed to be incapable. And why is incapacity a motive for exclusion? Because the elector does not reap alone the responsibility of his vote; because every vote engages and affects the community at large; because the community has a right to demand some securities, as regards the acts upon which his well-being and his existence depend.
I know what might be said in answer to this. I know what might be objected. But this is not the place to exhaust a controversy of this kind. What I wish to observe is this, that this same controversy (in common with the greater part of political questions) which agitates, excites, and unsettles the nations, would lose almost all its importance if the law had always been what it ought to be.
In fact, if law were confined to causing all persons, all liberties, and all properties to be respected--if it were merely the organisation of individual right and individual defence--if it were the obstacle, the check, the chastis.e.m.e.nt opposed to all oppression, to all plunder--is it likely that we should dispute much, as citizens, on the subject of the greater or less universality of suffrage? Is it likely that it would compromise that greatest of advantages, the public peace? Is it likely that the excluded cla.s.ses would not quietly wait for their turn? Is it likely that the enfranchised cla.s.ses would be very jealous of their privilege? And is it not clear, that the interest of all being one and the same, some would act without much inconvenience to the others?
But if the fatal principle should come to be introduced, that, under pretence of organisation, regulation, protection, or encouragement, the law may take from one party in order to give to another, help itself to the wealth acquired by all the cla.s.ses that it may increase that of one cla.s.s, whether that of the agriculturists, the manufacturers, the shipowners, or artists and comedians; then certainly, in this case, there is no cla.s.s which may not pretend, and with reason, to place its hand upon the law, which would not demand with fury its right of election and eligibility, and which would overturn society rather than not obtain it. Even beggars and vagabonds will prove to you that they have an incontestable t.i.tle to it. They will say--"We never buy wine, tobacco, or salt, without paying the tax, and a part of this tax is given by law in perquisites and gratuities to men who are richer than we are. Others make use of the law to create an artificial rise in the price of bread, meat, iron, or cloth. Since everybody traffics in law for his own profit, we should like to do the same. We should like to make it produce the _right to a.s.sistance_, which is the poor man"s plunder. To effect this, we ought to be electors and legislators, that we may organise, on a large scale, alms for our own cla.s.s, as you have organised, on a large scale, protection for yours. Don"t tell us that you will take our cause upon yourselves, and throw to us 600,000 francs to keep us quiet, like giving us a bone to pick. We have other claims, and, at any rate, we wish to stipulate for ourselves, as other cla.s.ses have stipulated for themselves!" How is this argument to be answered?
Yes, as long as it is admitted that the law may be diverted from its true mission, that it may violate property instead of securing it, everybody will be wanting to manufacture law, either to defend himself against plunder, or to organise it for his own profit. The political question will always be prejudicial, predominant, and absorbing; in a word, there will be fighting around the door of the Legislative Palace.
The struggle will be no less furious within it. To be convinced of this, it is hardly necessary to look at what pa.s.ses in the Chambers in France and in England; it is enough to know how the question stands.
Is there any need to prove that this odious perversion of law is a perpetual source of hatred and discord,--that it even tends to social disorganisation? Look at the United States. There is no country in the world where the law is kept more within its proper domain--which is, to secure to every one his liberty and his property. Therefore, there is no country in the world where social order appears to rest upon a more solid basis. Nevertheless, even in the United States, there are two questions, and only two, which from the beginning have endangered political order. And what are these two questions? That of slavery and that of tariffs; that is, precisely the only two questions in which, contrary to the general spirit of this republic, law has taken the character of a plunderer. Slavery is a violation, sanctioned by law, of the rights of the person. Protection is a violation perpetrated by the law upon the rights of property; and certainly it is very remarkable that, in the midst of so many other debates, this double _legal scourge_, the sorrowful inheritance of the Old World, should be the only one which can, and perhaps will, cause the rupture of the Union. Indeed, a more astounding fact, in the heart of society, cannot be conceived than this:--That _law should have become an instrument of injustice_.
And if this fact occasions consequences so formidable to the United States, where there is but one exception, what must it be with us in Europe, where it is a principle--a system?
M. Montalembert, adopting the thought of a famous proclamation of M.
Carlier, said, "We must make war against socialism." And by socialism, according to the definition of M. Charles Dupin, he meant plunder.
But what plunder did he mean? For there are two sorts--_extra-legal_ and _legal plunder_.
As to extra-legal plunder, such as theft, or swindling, which is defined, foreseen, and punished by the penal code, I do not think it can be adorned by the name of socialism. It is not this which systematically threatens the foundations of society. Besides, the war against this kind of plunder has not waited for the signal of M. Montalembert or M.
Carlier. It has gone on since the beginning of the world; France was carrying it on long before the revolution of February--long before the appearance of socialism--with all the ceremonies of magistracy, police, gendarmerie, prisons, dungeons, and scaffolds. It is the law itself which is conducting this war, and it is to be wished, in my opinion, that the law should always maintain this att.i.tude with respect to plunder.
But this is not the case. The law sometimes takes its own part.
Sometimes it accomplishes it with its own hands, in order to save the parties benefited the shame, the danger, and the scruple. Sometimes it places all this ceremony of magistracy, police, gendarmerie, and prisons, at the service of the plunderer, and treats the plundered party, when he defends himself, as the criminal. In a word, there is a _legal plunder_, and it is, no doubt, this which is meant by M.
Montalembert.
This plunder may be only an exceptional blemish in the legislation of a people, and in this case, the best thing that can be done is, without so many speeches and lamentations, to do away with it as soon as possible, notwithstanding the clamours of interested parties. But how is it to be distinguished? Very easily. See whether the law takes from some persons that which belongs to them, to give to others what does not belong to them. See whether the law performs, for the profit of one citizen, and, to the injury of others, an act which this citizen cannot perform without committing a crime. Abolish this law without delay; it is not merely an iniquity--it is a fertile source of iniquities, for it invites reprisals; and if you do not take care, the exceptional case will extend, multiply, and become systematic. No doubt the party benefited will exclaim loudly; he will a.s.sert his _acquired rights_. He will say that the State is bound to protect and encourage his industry; he will plead that it is a good thing for the State to be enriched, that it may spend the more, and thus shower down salaries upon the poor workmen.
Take care not to listen to this sophistry, for it is just by the systematising of these arguments that legal plunder becomes systematised.
And this is what has taken place. The delusion of the day is to enrich all cla.s.ses at the expense of each other; it is to generalise plunder under pretence of organising it. Now, legal plunder may be exercised in an infinite mult.i.tude of ways. Hence come an infinite mult.i.tude of plans for organisation; tariffs, protection, perquisites, gratuities, encouragements, progressive taxation, gratuitous instruction, right to labour, right to profit, right to wages, right to a.s.sistance, right to instruments of labour, gratuity of credit, &c., &c. And it is all these plans, taken as a whole, with what they have in common, legal, plunder, which takes the name of socialism.
Now socialism, thus defined, and forming a doctrinal body, what other war would you make against it than a war of doctrine? You find this doctrine false, absurd, abominable. Refute it. This will be all the more easy, the more false, the more absurd and the more abominable it is.
Above all, if you wish to be strong, begin by rooting out of your legislation every particle of socialism which may have crept into it,--and this will be no light work.
M. Montalembert has been reproached with wishing to turn brute force against socialism. He ought to be exonerated from this reproach, for he has plainly said:--"The war which we must make against socialism must be one which is compatible with the law, honour, and justice."
But how is it that M. Montalembert does not see that he is placing himself in a vicious circle? You would oppose law to socialism. But it is the law which socialism invokes. It aspires to legal, not extra-legal plunder. It is of the law itself, like monopolists of all kinds, that it wants to make an instrument; and when once it has the law on its side, how will you be able to turn the law against it? How will you place it under the power of your tribunals, your gendarmes, and of your prisons?
What will you do then? You wish to prevent it from taking any part in the making of laws. You would keep it outside the Legislative Palace. In this you will not succeed, I venture to prophesy, so long as legal plunder is the basis of the legislation within.
It is absolutely necessary that this question of legal plunder should be determined, and there are only three solutions of it:--
1. When the few plunder the many.
2. When everybody plunders everybody else.
3. When n.o.body plunders anybody.
Partial plunder, universal plunder, absence of plunder, amongst these we have to make our choice. The law can only produce one of these results.
_Partial_ plunder.--This is the system which prevailed so long as the elective privilege was _partial_--a system which is resorted to to avoid the invasion of socialism.
_Universal_ plunder.--We have been threatened by this system when the elective privilege has become universal; the ma.s.ses having conceived the idea of making law, on the principle of legislators who had preceded them.
_Absence_ of plunder.--This is the principle of justice, peace, order, stability, conciliation, and of good sense, which I shall proclaim with all the force of my lungs (which is very inadequate, alas!) till the day of my death.
And, in all sincerity, can anything more be required at the hands of the law? Can the law, whose necessary sanction is force, be reasonably employed upon anything beyond securing to every one his right? I defy any one to remove it from this circle without perverting it, and consequently turning force against right. And as this is the most fatal, the most illogical social perversion which can possibly be imagined, it must be admitted that the true solution, so much sought after, of the social problem, is contained in these simple words--LAW IS ORGANISED JUSTICE.
Now it is important to remark, that to organise justice by law, that is to say by force, excludes the idea of organising by law, or by force any manifestation whatever of human activity--labour, charity, agriculture, commerce, industry, instruction, the fine arts, or religion; for any one of these organisations would inevitably destroy the essential organisation. How, in fact, can we imagine force encroaching upon the liberty of citizens without infringing upon justice, and so acting against its proper aim?
Here I am encountering the most popular prejudice of our time. It is not considered enough that law should be just, it must be philanthropic.
It is not sufficient that it should guarantee to every citizen the free and inoffensive exercise of his faculties, applied to his physical, intellectual, and moral development; it is required to extend well-being, instruction, and morality, directly over the nation. This is the fascinating side of socialism.
But, I repeat it, these two missions of the law contradict each other.
We have to choose between them. A citizen cannot at the same time be free and not free. M. de Lamartine wrote to me one day thus:--"Your doctrine is only the half of my programme; you have stopped at liberty, I go on to fraternity." I answered him:--"The second part of your programme will destroy the first." And in fact it is impossible for me to separate the word _fraternity_ from the word _voluntary_. I cannot possibly conceive fraternity _legally_ enforced, without liberty being _legally_ destroyed, and justice _legally_ trampled under foot. Legal plunder has two roots: one of them, as we have already seen, is in human egotism; the other is in false philanthropy.
Before I proceed, I think I ought to explain myself upon the word plunder.[8]
I do not take it, as it often is taken, in a vague, undefined, relative, or metaphorical sense. I use it in its scientific acceptation, and as expressing the opposite idea to property. When a portion of wealth pa.s.ses out of the hands of him who has acquired it, without his consent, and without compensation, to him who has not created it, whether by force or by artifice, I say that property is violated, that plunder is perpetrated. I say that this is exactly what the law ought to repress always and everywhere. If the law itself performs the action it ought to repress, I say that plunder is still perpetrated, and even, in a social point of view, under aggravated circ.u.mstances. In this case, however, he who profits from the plunder is not responsible for it; it is the law, the lawgiver, society itself, and this is where the political danger lies.
It is to be regretted that there is something offensive in the word. I have sought in vain for another, for I would not wish at any time, and especially just now, to add an irritating word to our dissensions; therefore, whether I am believed or not, I declare that I do not mean to accuse the intentions nor the morality of anybody. I am attacking an idea which I believe to be false--a system which appears to me to be unjust; and this is so independent of intentions, that each of us profits by it without wishing it, and suffers from it without being aware of the cause. Any person must write under the influence of party spirit or of fear, who would call in question the sincerity of protectionism, of socialism, and even of communism, which are one and the same plant, in three different periods of its growth. All that can be said is, that plunder is more visible by its partiality in protectionism,[9] and by its universality in communism; whence it follows that, of the three systems, socialism is still the most vague, the most undefined, and consequently the most sincere.
Be it as it may, to conclude that legal plunder has one of its roots in false philanthropy, is evidently to put intentions out of the question.