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Liberty is inviolable. I can neither sell nor alienate myliberty; every contract, every condition of a contract, whichhas in view the alienation or suspension of liberty, is null:the slave, when he plants his foot upon the soil of liberty, atthat moment becomes a free man. When society seizes amalefactor and deprives him of his liberty, it is a case oflegitimate defence: whoever violates the social compact bythe commission of a crime declares himself a public enemy;in attacking the liberty of others, he compels them to takeaway his own. Liberty is the original condition of man; torenounce liberty is to renounce the nature of man: after that,how could we perform the acts of man?
And yet, in spite ofthese wonderful prerogatives which savour of the eternaland the infinite, they have never found the origin ofproperty; the doctors still disagree. On one point only arethey in harmony: namely, that the validity of the right ofproperty depends upon the authenticity of its origin. But thisharmony is their condemnation. Why have theyacknowledged the right before settling the question oforigin?
The right ofoccupation, or of thefirst occupant, is thatwhich results from the actual, physical, real possession of athing. I occupy a piece of land; the presumption is, that I amthe proprietor, until the contrary is proved. We know thatoriginally such a right cannot be legitimate unless it isreciprocal; the jurists say as much.
Thatwhich belongs to each is not that which eachmay possess,but that which eachhas a right to possess. Now, what havewe a right to possess? That which is required for our labourand consumption;
Edinburgh professor when he added:“A right to life implies a right to the necessary means oflife; and that justice, which forbids the taking away the lifeof an innocent man, forbids no less the taking from him thenecessary means of life. He has the same right to defend theone as the other. To hinder another man’s innocent labour,or to deprive him of the fruit of it, is an injustice of the samekind, and has the same effect as to put him in fetters or inprison, and is equally a just object of resentment.”
Manneeds to labour in order to live; consequently, he needstools to work with and materials to work upon. His need toproduce constitutes his right to produce. Now, this right isguaranteed him by his fellows, with whom he makes anagreement to that effect. One hundred thousand men settlein a large country like France with no inhabitants: each manhas a right to 1/100,000 of the land. If the number ofpossessors increases, each one’s portion diminishes inconsequence;
Pothier seems to think that property, like royalty, exists bydivine right. He traces back its origin to God himself—abJove principium.
Men lived in a state ofcommunism; whether positive or negative it matters little.Then there was no property, not even private possession.The genesis and growth of possession gradually forcingpeople to labour for their support, they agreed eitherformally or tacitly,—it makes no difference which,—that theworker should be sole proprietor of the fruit of his labour;that is, they simply declared the fact that thereafter nonecould live without working. It necessarily followed that, toobtain equality of products, there must be equality oflabour; and that, to obtain equality of labour, there must beequality of facilities for labour. Whoever without labour gotpossession, by force or by strategy, of another’s means ofsubsistence, destroyed equality, and placed himself aboveor outside of the law. Whoever monopolised the means ofproduction on the ground of greater industry, also destroyedequality. Equality being then the expression of right,whoever violated it wasunjust.