principle that the serfs of the middle ages claimed a legal right to property, and consequently to the enjoyment of political rights; that the clergy were despoiled in ’89 of their immense estates, and were granted a pension in exchange; that at the restoration the liberal deputies opposed the indemnity of one billion francs. “The nation,” said they, “has acquired by twenty-five years of labor and possession the property which the emigrants forfeited by abandonment and long idleness: why should the nobles be treated with more favor than the priests?”[1]
All usurpations, not born of war, have been caused and supported by labor. All modern history proves this, from the end of the Roman empire down to the present day. And as if to give a sort of legal sanction to these usurpations, the doctrine of labor, subversive of property, is professed at great length in the Roman law under the name of prescription.
The man who cultivates, it has been said, makes the land his own; consequently, no more property. This was clearly seen by the old jurists, who have not failed to denounce this novelty; while on the other hand the young school hoots at the absurdity of the first-occupant theory. Others have pre-
- ↑ A professor of comparative legislation, M. Lerminier, has gone still farther. He has dared to say that the nation took from the clergy all their possessions, not because of idleness, but because of unworthiness. “You have civilized the world,” cries this apostle of equality, speaking to the priests; “and for that reason your possessions were given you. In your hands they were at once an instrument and a reward. But you do not now deserve them, for you long since ceased to civilize any thing whatever.…”
This position is quite in harmony with my principles, and I heartily applaud the indignation of M. Lerminier; but I do not know that a proprietor was ever deprived of his property because unworthy; and as reasonable, social, and even useful as the thing may seem, it is quite contrary to the uses and customs of property.
