The Philosophy of Poverty by Pierre-Joseph Proudhon (1847)

Chapter VII. Fifth Period. — Police, Or Taxation.

In positing its principles humanity, as if in obedience to a sovereign order, never goes backward. Like the traveller who by oblique windings rises from the depth of the valley to the mountain-top, it follows intrepidly its zigzag road, and marches to its goal with confident step, without repentance and without pause. Arriving at the angle of monopoly, the social genius casts backward a melancholy glance, and, in a moment of profound reflection, says to itself:

"Monopoly has stripped the poor hireling of everything, — bread, clothing, home, education, liberty, and security. I will lay a tax upon the monopolist; at this price I will save him his privilege.

"Land and mines, woods and waters, the original domain of man, are forbidden to the proletaire. I will intervene in their exploitation, I will have my share of the products, and land monopoly shall be respected.

"Industry has fallen into feudalism, but I am the suzerain. The lords shall pay me tribute, and they shall keep the profit of their capital.

"Commerce levies usurious profits on the consumer. I will strew its road with toll-gates, I will stamp its checks and indorse its invoices, and it shall pass.

"Capital has overcome labor by intelligence. I will open schools, and the laborer, made intelligent himself, shall become a capitalist in his turn.

"Products lack circulation, and social life is cramped. I will build roads, bridges, canals, marts, theatres, and temples, and thus furnish at one stroke work, wealth, and a market.

"The rich man lives in plenty, while the workman weeps in famine. I will establish taxes on bread, wine, meat, salt, and honey, on articles of necessity and on objects of value, and these shall supply alms for my poor.

"And I will set guards over the waters, the woods, the fields, the mines, and the roads; I will send collectors to gather the taxes and teachers to instruct the children; I will have an army to put down refractory subjects, courts to judge them, prisons to punish them, and priests to curse them. All these offices shall be given to the proletariat and paid by the monopolists.

"Such is my certain and efficacious will."

We have to prove that society could neither think better nor act worse: this will be the subject of a review which, I hope, will throw new light upon the social problem.

Every measure of general police, every administrative and commercial regulation, like every law of taxation, is at bottom but one of the innumerable articles of this ancient bargain, ever violated and ever renewed, between the patriciate and the proletariat. That the parties or their representatives knew nothing of it, or even that they frequently viewed their political constitutions from another standpoint, is of little consequence to us: not to the man, legislator, or prince do we look for the meaning of his acts, but to the acts themselves.

1. — Synthetic idea of the tax. — Point of departure and development of this idea.

In order to render that which is to follow more intelligible, I will explain, inverting, as it were, the method which we have followed hitherto, the superior theory of the tax; then I will give its genesis; finally I will show the contradiction and results. The synthetic idea of the tax, as well as its original conception, would furnish material for the most extensive developments. I shall confine myself to a simple announcement of the propositions, with a summary indication of the proofs.

The tax, in its essence and positive destiny, is the form of distribution among that species of functionaries which Adam Smith has designated by the word unproductive, although he admits as much as any one the utility and even the necessity of their labor in society. By this adjective, unproductive, Adam Smith, whose genius dimly foresaw everything and left us to do everything, meant that the product of these laborers is negative, which is a very different thing from null, and that consequently distribution so far as they are concerned follows a method other than exchange.

Let us consider, in fact, what takes place, from the point of view of distribution, in the four great divisions of collective labor, — extraction, (1) manufactures, commerce, agriculture. Each producer brings to market a real product whose quantity can be measured, whose quality can be estimated, whose price can be debated, and, finally, whose value can be discounted, either in other services or merchandise, or else in money. In all these industries distribution, therefore, is nothing but the mutual exchange of products according to the law of proportionality of values.

Nothing like this takes place with the functionaries called public. These obtain their right to subsistence, not by the production of real utilities, but by the very state of unproductivity in which, by no fault of their own, they are kept. For them the law of proportionality is inverted: while social wealth is formed and increased in the direct ratio of the quantity, variety, and proportion of the effective products furnished by the four great industrial categories, the development of this same wealth, the perfecting of social order, suppose, on the contrary, so far as the personnel of police is concerned, a progressive and indefinite reduction. State functionaries, therefore, are very truly unproductive. On this point J. B. Say agreed with A. Smith, and all that he has written on this subject in correction of his master, and which has been stupidly included among his titles to glory, arises entirely, it is easy to see, from a misunderstanding. In a word, the wages of the government's employees constitute a social deficit; they must be carried to the account of losses, which it must be the object of industrial organization to continually diminish: in this view what other adjective could be used to describe the men of power than that of Adam Smith?

Here, then, is a category of services which, furnishing no real products, cannot be rewarded in the ordinary way; services which do not fall under the law of exchange, which cannot become the object of private speculation, competition, joint-stock association, or any sort of commerce, but which, theoretically regarded as performed gratuitously by all, but entrusted, by virtue of the law of division of labor, to a small number of special men who devote themselves exclusively to them, must consequently be paid for. History confirms this general datum. The human mind, which tries all solutions of every problem, has tried accordingly to submit public functions to exchange; for a long time French magistrates, like notaries, etc., lived solely by their fees. But experience has proved that this method of distribution applied to unproductive laborers was too expensive and subject to too many disadvantages, and it became necessary to abandon it.

The organization of the unproductive services contributes to the general welfare in several ways: first, by relieving producers of public cares, in which all must participate, and to which, consequently, all are more or less slaves; secondly, by establishing in society an artificial centralization, the image and prelude of the future solidarity of industries; and, finally, by furnishing a first attempt at balance and discipline.

So we admit, with J. B. Say, the usefulness of magistrates and the other agents of public authority; but we hold that this usefulness is wholly negative, and we insist, therefore, on describing these functionaries by the adjective unproductive which A. Smith applied to them, not to bring them into discredit, but because they really cannot be classed in the category of producers. "Taxation," very well says an economist of Say's school, M. J. Garnier, — "taxation is a privation which we should try to reduce to the furthest point of compatibility with the needs of society." If the writer whom I quote has reflected upon the meaning of his words, he has seen that the word privation which he uses is synonymous with non-production, and that consequently those for whose benefit taxes are collected are very truly unproductive laborers.

I insist upon this definition, which seems to me the less questionable from the fact that, however much they may dispute over the word, all agree upon the thing, because it contains the germ of the greatest revolution yet to be accomplished in the world, — I mean the subordination of the unproductive functions to the productive functions, in a word, the effective submission, always asked and never obtained, of authority to the citizens.

It is a consequence of the development of the economical contradictions that order in society first shows itself inverted; that that which should be above is placed below, that which should be in relief seems sunken, and that which should receive the light is thrown into the shadow. Thus power, which, in its essence, is, like capital, the auxiliary and subordinate of labor, becomes, through the antagonism of society, the spy, judge, and tyrant of the productive functions; power, whose original inferiority lays upon it the duty of obedience, is prince and sovereign.

In all ages the laboring classes have pursued against the office- holding class the solution of this antinomy, of which economic science alone can give the key. The oscillations — that is, the political agitations which result from this struggle of labor against power — now lead to a depression of the central force, which compromises the very existence of society; now, exaggerating this same force beyond measure, give birth to despotism. Then, the privileges of command, the infinite joy which it gives to ambition and pride, making the unproductive functions an object of universal lust, a new leaven of discord penetrates society, which, divided already in one direction into capitalists and wage-workers, and in another into producers and non- producers, is again divided as regards power into monarchists and democrats. The conflicts between royalty and the republic would furnish us most marvellous and interesting material for our episodes. The confines of this work do not permit us so long an excursion; and after having pointed out this new branch in the vast network of human aberrations, we shall confine ourselves exclusively, in dealing with taxation, to the economic question.

Such, then, in succinctest statement, is the synthetic theory of the tax, — that is, if I may venture to use the familiar comparison, of this fifth wheel of the coach of humanity, which makes so much noise, and which, in governmental parlance, is styled the State. The State, the police, or their means of existence, the tax, is, I repeat, the official name of the class designated in political economy as nonproducers, — in short, as the domestics of society.

But public reason does not attain at a single bound this simple idea, which for centuries had to remain in the state of a transcendental conception. Before civilization can mount to such a height, it must pass through frightful tempests and innumerable revolutions, in each of which, one might say, it renews its strength in a bath of blood. And when at last production, represented by capital, seems on the point of thoroughly subordinating the unproductive organ, the State, then society rises in indignation, labor weeps at the prospect of its immediate freedom, democracy shudders at the abasement of power, justice cries out as if scandalized, and all the oracles of the departing gods exclaim with terror that the abomination of desolation is in the holy places and that the end of the world has come. So true is it that humanity never desires what it seeks, and that the slightest progress cannot be realized without spreading panic among the peoples.

What, then, in this evolution, is the point of departure of society, and by what circuitous route does it reach political reform, — that is, economy in its expenditures, equality in the assessment of its taxes, and the subordination of power to industry? That is what we are about to state in a few words, reserving developments for the sequel.

The original idea of the tax is that of REDEMPTION.

As, by the law of Moses, each first-born was supposed to belong to Jehovah, and had to be redeemed by an offering, so the tax everywhere presents itself in the form of a tithe or royal prerogative by which the proprietor annually redeems from the sovereign the profit of exploitation which he is supposed to hold only by his pleasure. This theory of the tax, moreover, is but one of the special articles of what is called the social contract.

Ancients and moderns all agree, in terms more or less explicit, in regarding the juridical status of societies as a reaction of weakness against strength. This idea is uppermost in all the works of Plato, notably in the "Gorgias," where he maintains, with more subtlety than logic, the cause of the laws against that of violence, — that is, legislative absolutism against aristocratic and military absolutism. In this knotty dispute, in which the weight of evidence is equal on both sides, Plato simply expresses the sentiment of entire antiquity. Long before him, Moses, in making a distribution of lands, declaring patrimony inalienable, and ordering a general and uncompensated cancellation of all mortgages every fiftieth year, had opposed a barrier to the invasions of force. The whole Bible is a hymn to JUSTICE, — that is, in the Hebrew style, to charity, to kindness to the weak on the part of the strong, to voluntary renunciation of the privilege of power. Solon, beginning his legislative mission by a general abolition of debts, and creating rights and reserves, — that is, barriers to prevent their return, — was no less reactionary. Lycurgus went farther; he forbade individual possession, and tried to absorb the man in the State, annihilating liberty the better to preserve equilibrium. Hobbes, deriving, and with great reason, legislation from the state of war, arrived by another road at the establishment of equality upon an exception, — despotism. His book, so much calumniated, is only a development of this famous antithesis. The charter of 1830, consecrating the insurrection made in '89 by the plebeians against the nobility, and decreeing the abstract equality of persons before the law, in spite of the real inequality of powers and talents which is the veritable basis of the social system now in force, is also but a protest of society in favor of the poor against the rich, of the small against the great. All the laws of the human race regarding sale, purchase, hire, property, loans, mortgages, prescription, inheritance, donation, wills, wives' dowries, minority, guardianship, etc., etc., are real barriers erected by judicial absolutism against the absolutism of force. Respect for contracts, fidelity to promises, the religion of the oath, are fictions, osselets, (2) as the famous Lysander aptly said, with which society deceives the strong and brings them under the yoke.

The tax belongs to that great family of preventive, coercive, repressive, and vindictive institutions which A. Smith designated by the generic term police, and which is, as I have said, in its original conception, only the reaction of weakness against strength. This follows, independently of abundant historical testimony which we will put aside to confine ourselves exclusively to economic proof, from the distinction naturally arising between taxes.

All taxes are divisible into two great categories: (1) taxes of assessment, or of privilege: these are the oldest taxes; (2) taxes of consumption, or of quotité, (3) whose tendency is, by absorbing the former, to make public burdens weigh equally upon all.

The first sort of taxes — including in France the tax on land, the tax on doors and windows, the poll-tax, the tax on personal property, the tax on tenants, license-fees, the tax on transfers of property, the tax on officials' fees, road-taxes, and brevets — is the share which the sovereign reserves for himself out of all the monopolies which he concedes or tolerates; it is, as we have said, the indemnity of the poor, the permit granted to property. Such was the form and spirit of the tax in all the old monarchies: feudalism was its beau ideal. Under that regime the tax was only a tribute paid by the holder to the universal proprietor or sleeping-partner (commanditaire), the king.

When later, by the development of public right, royalty, the patriarchal form of sovereignty, begins to get impregnated by the democratic spirit, the tax becomes a quota which each voter owes to the COMMONWEALTH, and which, instead of falling into the hand of the prince, is received into the State treasury. In this evolution the principle of the tax remains intact; as yet there is no transformation of the institution; the real sovereign simply succeeds the figurative sovereign. Whether the tax enters into the peculium of the prince or serves to liquidate a common debt, it is in either case only a claim of society against privilege; otherwise, it is impossible to say why the tax is levied in the ratio of fortunes.

Let all contribute to the public expenses: nothing more just. But why should the rich pay more than the poor? That is just, they say, because they possess more. I confess that such justice is beyond my comprehension.... One of two things is true: either the proportional tax guarantees a privilege to the larger tax-payers, or else it is a wrong. Because, if property is a natural right, as the Declaration of '93 declares, all that belongs to me by virtue of this right is as sacred as my person; it is my blood, my life, myself: whoever touches it offends the apple of my eye. My income of one hundred thousand francs is as inviolable a the grisette's daily wage of seventy-five centimes; her attic is no more sacred than my suite of apartments. The tax is not levied in proportion to physical strength, size, or skill: no more should it be levied in proportion to property. — What is Property: Chapter II.

These observations are the more just because the principle which it was their purpose to oppose to that of proportional assessment has had its period of application. The proportional tax is much later in history than liege- homage, which consisted in a simple officious demonstration without real payment.

The second sort of taxes includes in general all those designated, by a sort of antiphrasis, by the term indirect, such as taxes on liquor, salt, and tobacco, customs duties, and, in short, all the taxes which DIRECTLY affect the only thing which should be taxed, — product. The principle of this tax, whose name is an actual misnomer, is unquestionably better founded in theory and more equitable in tendency than the preceding: accordingly, in spite of the opinion of the mass, always deceived as to that which serves it as well as to that which is prejudicial to it, I do not hesitate to say that this tax is the only normal one, barring its assessment and collection, with which it is not my purpose now to deal.

For, if it is true, as we have just explained, that the real nature of the tax is to pay, according to a particular form of wages, for certain services which elude the usual form of exchange, it follows that all producers, enjoying these services equally as far as personal use is concerned, should contribute to their payment in equal portions. The share for each, therefore, would be a fraction of his exchangeable product, or, in other words, an amount taken from the values delivered by him for purposes of consumption. But, under the monopoly system, and with collection upon land, the treasury strikes the product before it has entered into exchange, even before it is produced, — a circumstance which results in throwing back the amount of the tax into the cost of production, and consequently puts the burden upon the consumer and lifts it from monopoly.

Whatever the significance of the tax of assessment or the tax of quotité, one thing is sure, and this is the thing which it is especially important for us to know, — namely, that, in making the tax proportional, it was the intention of the sovereign to make citizens contribute to the public expenses, no longer, according to the old feudal principle, by means of a poll-tax, which would involve the idea of an assessment figured in the ratio of the number of persons taxed, and not in the ratio of their possessions, but so much per franc of capital, which supposes that capital has its source in an authority superior to the capitalists. Everybody, spontaneously and with one accord, considers such an assessment just; everybody, therefore, spontaneously and with one accord, looks upon the tax as a resumption on the part of society, a sort of redemption exacted from monopoly. This is especially striking in England, where, by a special law, the proprietors of the soil and the manufacturers pay, in proportion to their incomes, a tax of forty million dollars, which is called the poor-rate.

In short, the practical and avowed object of the tax is to effect upon the rich, for the benefit of the people, a proportional resumption of their capital.

Now, analysis and the facts demonstrate:

That the tax of assessment, the tax upon monopoly, instead of being paid by those who possess, is paid almost entirely by those who do not possess;

That the tax of quotité, separating the producer from the consumer, falls solely upon the latter, thereby taking from the capitalist no more than he would have to pay if fortunes were absolutely equal;

Finally, that the army, the courts, the police, the schools, the hospitals, the almshouses, the houses of refuge and correction, public functions, religion itself, all that society creates for the protection, emancipation, and relief of the proletaire, paid for in the first place and sustained by the proletaire, is then turned against the proletaire or wasted as far as he is concerned; so that the proletariat, which at first labored only for the class that devours it, — that of the capitalists, — must labor also for the class that flogs it, — that of the nonproducers.

These facts are henceforth so well known, and the economists — I owe them this justice — have shown them so clearly, that I shall abstain from correcting their demonstrations, which, for the rest, are no longer contradicted by anybody. What I propose to bring to light, and what the economists do not seem to have sufficiently understood, is that the condition in which the laborer is placed by this new phase of social economy is susceptible of no amelioration; that, unless industrial organization, and therefore political reform, should bring about an equality of fortunes, evil is inherent in police institutions as in the idea of charity which gave them birth; in short, that the STATE, whatever form it affects, aristocratic or theocratic, monarchical or republican, until it shall have become the obedient and submissive organ of a society of equals, will be for the people an inevitable hell, — I had almost said a deserved damnation.

2. — Antinomy of the tax.

I sometimes hear the champions of the statu quo maintain that for the present we enjoy liberty enough, and that, in spite of the declamation against the existing order, we are below the level of our institutions. So far at least as taxation is concerned, I am quite of the opinion of these optimists.

According to the theory that we have just seen, the tax is the reaction of society against monopoly. Upon this point opinions are unanimous: citizens and legislators, economists, journalists, and ballad-writers, rendering, each in their own tongue, the social thought, vie with each other in proclaiming that the tax should fall upon the rich, strike the superfluous and articles of luxury, and leave those of prime necessity free. In short, they have made the tax a sort of privilege for the privileged: a bad idea, since it involved a recognition of the legitimacy of privilege, which in no case, whatever shape it may take, is good for anything. The people had to be punished for this egoistic inconsistency: Providence did not fail in its duty.

From the moment, then, of the conception of the tax as a counter-claim, it had to be fixed proportionally to means, whether it struck capital or affected income more especially. Now, I will point out that the levying of the tax at so much a franc being precisely that which should be adopted in a country where all fortunes were equal, saving the differences in the cost of assessment and collection, the treasury is the most liberal feature of our society, and that on this point our morals are really behind our institutions. But as with the wicked the best things cannot fail to be detestable, we shall see the equalitarian tax crush the people precisely because the people are not up to it.

I will suppose that the gross income in France, for each family of four persons, is 1,000 francs: this is a little above the estimate of M. Chevalier, who places it at only 63 centimes a day for each individual, or 919 francs 80 centimes for each household. The tax being today more than a thousand millions, or about an eighth of the total income, each family, earning 1,000 francs a year, is taxed 125 francs.

Accordingly, an income of 2,000 francs pays 250 francs; an income of 3,000 francs, 375; an income of 4,000 francs, 500, etc. The proportion is strict and mathematically irreproachable; the treasury, by arithmetic, is sure of losing nothing.

But on the side of the taxpayers the affair totally changes its aspect. The tax, which, in the intention of the legislator, was to have been proportioned to fortune, is, on the contrary, progressive in the ratio of poverty, so that, the poorer the citizen is, the more he pays. This I shall try to make plain by a few figures.

According to the proportional tax, there is due to the treasury:

for an income of 1,000 2,000 3,000 4,000 5,000 6,000 francs, etc. a tax of 125 250 375 500 625 750

According to this series, then, the tax seems to increase proportionally to income.

But when it is remembered that each annual income is made up of 365 units, each of which represents the daily income of the taxpayer, the tax will no longer be found proportional; it will be found equal. In fact, if the State levies a tax of 125 francs on an income of 1,000 francs, it is as if it took from the taxed family 45 days' subsistence; likewise the assessments of 250, 375, 500, 625, and 750 francs, corresponding to incomes of 2,000, 3,000, 4,000, 5,000, and 6,000 francs, constitute in each case a tax of 45 days' pay upon each of those who enjoy these incomes.

I say now that this equality of taxation is a monstrous inequality, and that it is a strange illusion to imagine that, because the daily income is larger, the tax of which it is the base is higher. Let us change our point of view from that of personal to that of collective income.

As an effect of monopoly social wealth abandoning the laboring class to go to the capitalistic class, the object of taxation has been to moderate this displacement and react against usurpation by enforcing a proportional replevin upon each privileged person. But proportional to what? To the excess which the privileged person has received undoubtedly, and not to the fraction of the social capital which his income represents. Now, the object of taxation is missed and the law turned into derision when the treasury, instead of taking its eighth where this eighth exists, asks it precisely of those to whom it should be restored. A final calculation will make this evident.

Setting the daily income of each person in France at 68 centimes, the father of a family who, whether as wages or as income from his capital, receives 1,000 francs a year receives four shares of the national income; he who receives 2,000 francs has eight shares; he who receives 4,000 francs has sixteen, etc. Hence it follows that the workman who, on an income of 1,000 francs, pays 125 francs into the treasury renders to public order half a share, or an eighth of his income and his family's subsistence; whereas the capitalist who, on an income of 6,000 francs, pays only 750 francs realizes a profit of 17 shares out of the collective income, or, in other words, gains by the tax 425 per cent.

Let us reproduce the same truth in another form.

The voters of France number about 200,000. I do not know the total amount of taxes paid by these 200,000 voters, but I do not believe that I am very far from the truth in supposing an average of 300 francs each, or a total of 60,000,000 for the 200,000 voters, to which we will add twenty- five per cent. to represent their share of indirect taxes, making in all 75,000,000, or 75 francs for each person (supposing the family of each voter to consist of five persons), which the electoral class pays to the State. The appropriations, according to the "Annuaire Economique" for 1845, being 1,106,000,000, there remains 1,031,000,000, which makes the tax paid by each non- voting citizen 31 francs 30 centimes, — two-fifths of the tax paid by the wealthy class. Now, for this proportion to be equitable, the average welfare of the non-voting class would have to be two-fifths of the average welfare of the voting class: but such is not the truth, as it falls short of this by more than three-fourths.

But this disproportion will seem still more shocking when it is remembered that the calculation which we have just made concerning the electoral class is altogether wrong, altogether in favor of the voters.

In fact, the only taxes which are levied for the enjoyment of the right of suffrage are: (1) the land tax; (2) the tax on polls and personal property; (3) the tax on doors and windows; (4) license-fees. Now, with the exception of the tax on polls and personal property, which varies little, the three other taxes are thrown back on the consumers; and it is the same with all the indirect taxes, for which the holders of capital are reimbursed by the consumers, with the exception, however, of the taxes on property transfers, which fall directly on the proprietor and amount in all to 150,000,000. Now, if we estimate that in this last amount the property of voters figures as one-sixth, which is placing it high, the portion of direct taxes (409,000,000) being 12 francs for each person, and that of indirect taxes (547,000,000) 16 francs, the average tax paid by each voter having a household of five will reach a total of 265 francs, while that paid by the laborer, who has only his arms to support himself, his wife, and two children, will be 112 francs. In more general terms, the average tax upon each person belonging to the upper classes will be 53 francs; upon each belonging to the lower, 28. Whereupon I renew my question: Is the welfare of those below the voting standard half as great as that of those above it?

It is with the tax as with periodical publications, which really cost more the less frequently they appear. A daily journal costs forty francs, a weekly ten francs, a monthly four. Supposing other things to be equal, the subscription prices of these journals are to each other as the numbers forty, seventy, and one hundred and twenty, the price rising with the infrequency of publication. Now, this exactly represents the increase of the tax: it is a subscription paid by each citizen in exchange for the right to labor and to live. He who uses this right in the smallest proportion pays much; he who uses it a little more pays less; he who uses it a great deal pays little.

The economists are generally in agreement about all this. They have attacked the proportional tax, not only in its principle, but in its application; they have pointed out its anomalies, almost all of which arise from the fact that the relation of capital to income, or of cultivated surface to rent, is never fixed.

Given a levy of one-tenth on the income from lands, and lands of different qualities producing, the first eight francs' worth of grain, the second six francs' worth, the third five francs' worth, the tax will call for one-eighth of the income from the most fertile land, one-sixth from that a little less fertile, and, finally, one-fifth from that less fertile still. (4) Will not the tax thus established be just the reverse of what it should be? Instead of land, we may suppose other instruments of production, and compare capitals of the same value, or amounts of labor of the same order, applied to branches of industry differing in productivity: the conclusion will be the same. There is injustice in requiring the same poll- tax of ten francs from the laborer who earns one thousand francs and from the artist or physician who has an income of sixty thousand. — J. Garnier: Principles of Political Economy.

These reflections are very sound, although they apply only to collection or assessment, and do not touch the principle of the tax itself. For, in supposing the assessment to be made upon income instead of upon capital, the fact always remains that the tax, which should be proportional to fortunes, is borne by the consumer.

The economists have taken a resolve; they have squarely recognized the iniquity of the proportional tax.

"The tax," says Say, "can never be levied upon the necessary." This author, it is true, does not tell us what we are to understand by the necessary, but we can supply the omission. The necessary is what each individual gets out of the total product of the country, after deducting what must be taken for taxes. Thus, making the estimate in round numbers, the production of France being eight thousand millions and the tax one thousand millions, the necessary in the case of each individual amounts to fifty-six and a half centimes a day. Whatever is in excess of this income is alone susceptible of being taxed, according to J. B. Say; whatever falls short of it must be regarded by the treasury as inviolable.

The same author expresses this idea in other words when he says: "The proportional tax is not equitable." Adam Smith had already said before him: "It is not unreasonable that the rich man should contribute to the public expenses, not only in proportion to his income, but something more." "I will go further," adds Say; "I will not fear to say that the progressive tax is the only equitable tax." And M. J. Garnier, the latest abridger of the economists, says: "Reforms should tend to establish a progressional equality, if I may use the phrase, much more just, much more equitable, than the pretended equality of taxation, which is only a monstrous inequality."

So, according to general opinion and the testimony of the economists, two things are acknowledged: one, that in its principle the tax is a reaction against monopoly and directed against the rich; the other, that in practice this same tax is false to its object; that, in striking the poor by preference, it commits an injustice; and that the constant effort of the legislator must be to distribute its burden in a more equitable fashion.

I needed to establish this double fact solidly before passing to other considerations: now commences my criticism.

The economists, with that simplicity of honest folk which they have inherited from their elders and which even today is all that stands to their credit, have taken no pains to see that the progressional theory of the tax, which they point out to governments as the ne plus ultra of a wise and liberal administration, was contradictory in its terms and pregnant with a legion of impossibilities. They have attributed the oppression of the treasury by turns to the barbarism of the time, the ignorance of princes, the prejudices of caste, the avarice of collectors, everything, in short, which, in their opinion, preventing the progression of the tax, stood in the way of the sincere practice of equality in the distribution of public burdens; they have not for a moment suspected that what they asked under the name of progressive taxation was the overturn of all economic ideas.

Thus they have not seen, for instance, that the tax was progressive from the very fact that it was proportional, the only difference being that the progression was in the wrong direction, the percentage being, as we have said, not directly, but inversely proportional to fortunes. If the economists had had a clear idea of this overturn, invariable in all countries where taxation exists, so singular a phenomenon would not have failed to draw their attention; they would have sought its causes, and would have ended by discovering that what they took for an accident of civilization, an effect of the inextricable difficulties of human government, was the product of the contradiction inherent in all political economy.

The progressive tax, whether applied to capital or to income, is the very negation of monopoly, of that monopoly which is met everywhere, according to M. Rossi, across the path of social economy; which is the true stimulant of industry, the hope of economy, the preserver and parent of all wealth; of which we have been able to say, in short, that society cannot exist without it, but that, except for it, there would be no society. Let the tax become suddenly what it unquestionably must sometime be, — namely, the proportional (or progressional, which is the same thing) contribution of each producer to the public expenses, and straightway rent and profit are confiscated everywhere for the benefit of the State; labor is stripped of the fruits of its toil; each individual being reduced to the proper allowance of fifty-six and a half centimes, poverty becomes general; the compact formed between labor and capital is dissolved, and society, deprived of its rudder, drifts back to its original state.

It will be said, perhaps, that it is easy to prevent the absolute annihilation of the profits of capital by stopping the progression at any moment.

Eclecticism, the golden mean, compromise with heaven or with morality: is it always to be the same philosophy, then? True science is repugnant to such arrangements. All invested capital must return to the producer in the form of interest; all labor must leave a surplus, all wages be equal to product. Under the protection of these laws society continually realizes, by the greatest variety of production, the highest possible degree of welfare. These laws are absolute; to violate them is to wound, to mutilate society. Capital, accordingly, which, after all, is nothing but accumulated labor, is inviolable. But, on the other hand, the tendency to equality is no less imperative; it is manifested at each economic phase with increasing energy and an invincible authority. Therefore you must satisfy labor and justice at once; you must give to the former guarantees more and more real, and secure the latter without concession or ambiguity.

Instead of that, you know nothing but the continual substitution of the good pleasure of the prince for your theories, the arrest of the course of economic law by arbitrary power, and, under the pretext of equity, the deception of the wage worker and the monopolist alike! Your liberty is but a half-liberty, your justice but a half-justice, and all your wisdom consists in those middle terms whose iniquity is always twofold, since they justify the pretensions of neither one party nor the other! No, such cannot be the science which you have promised us, and which, by unveiling for us the secrets of the production and consumption of wealth, must unequivocally solve the social antinomies. Your semi-liberal doctrine is the code of despotism, and shows that you are powerless to advance as well as ashamed to retreat.

If society, pledged by its economic antecedents, can never retrace its steps; if, until the arrival of the universal equation, monopoly must be maintained in its possession, — no change is possible in the laying of taxes: only there is a contradiction here, which, like every other, must be pushed till exhausted. Have, then, the courage of your opinions, — respect for wealth, and no pity for the poor, whom the God of monopoly has condemned. The less the hireling has wherewith to live, the more he must pay: qui minus habet, etiam quod habet auferetur ab eo. This is necessary, this is inevitable; in it lies the safety of society.

Let us try, nevertheless, to reverse the progression of the tax, and so arrange it that the capitalist, instead of the laborer, will pay the larger share.

I observe, in the first place, that with the usual method of collection, such a reversal is impracticable.

In fact, if the tax falls on exploitable capital, this tax, in its entirety, is included among the costs of production, and then of two things one: either the product, in spite of the increase in its selling value, will be bought by the consumer, and consequently the producer will be relieved of the tax; or else this same product will be thought too dear, and in that case the tax, as J. B. Say has very well said, acts like a tithe levied on seed, -it prevents production. Thus it is that too high a tax on the transfer of titles arrests the circulation of real property, and renders estates less productive by keeping them from changing hands.

If, on the contrary, the tax falls on product, it is nothing but a tax of quotité, which each pays in the ratio of his consumption, while the capitalist, whom it is purposed to strike, escapes.

Moreover, the supposition of a progressive tax based either on product or on capital is perfectly absurd. How can we imagine the same product paying a duty of ten per cent at the store of one dealer and a duty of but five at another's? How are estates already encumbered with mortgages and which change owners every day, how is a capital formed by joint investment or by the fortune of a single individual, to be distinguished upon the official register, and taxed, not in the ratio of their value or rent, but in the ratio of the fortune or presumed profits of the proprietor?

There remains, then, a last resource, — to tax the net income of each tax-payer, whatever his method of getting it. For instance, an income of one thousand francs would pay ten per cent.; an income of two thousand francs, twenty per cent.; an income of three thousand francs, thirty per cent., etc. We will set aside the thousand difficulties and annoyances that must be met in ascertaining these incomes, and suppose the operation as easy as you like. Well! that is exactly the system which I charge with hypocrisy, contradiction, and injustice.

I say in the first place that this system is hypocritical, because, instead of taking from the rich that entire portion of their income in excess of the average national product per family, which is inadmissible, it does not, as is imagined, reverse the order of progression in the direction of wealth; at most it changes the rate of progression. Thus the present progression of the tax, for fortunes yielding incomes of a thousand francs and UNDER, being as that of the numbers 10, 11, 12, 13, etc., and, for fortunes yielding incomes of a thousand francs and OVER, as that of the numbers 10, 9, 8, 7, 6, etc., — the tax always increasing with poverty and decreasing with wealth, — if we should confine ourselves to lifting the indirect tax which falls especially on the poorer class and imposing a corresponding tax upon the incomes of the richer class, the progression thereafter, it is true, would be, for the first, only as that of the numbers 10, 10.25, 10.50, 10.75, 11, 11.25, etc., and, for the second, as 10, 9.75, 9.50, 9.25, 9, 8.75, etc. But this progression, although less rapid on both sides, would still take the same direction nevertheless, would still be a reversal of justice; and it is for this reason that the so-called progressive tax, capable at most of giving the philanthropist something to babble about, is of no scientific value. It changes nothing in fiscal jurisprudence; as the proverb says, it is always the poor man who carries the pouch, always the rich man who is the object of the solicitude of power.

I add that this system is contradictory.

In fact, one cannot both give and keep, say the jurisconsults. Instead, then, of consecrating monopolies from which the holders are to derive no privilege save that of straightway losing, with the income, all the enjoyment thereof, why not decree the agrarian law at once? Why provide in the constitution that each shall freely enjoy the fruit of his labor and industry, when, by the fact or the tendency of the tax, this permission is granted only to the extent of a dividend of fifty-six and a half centimes a day, — a thing, it is true, which the law could not have foreseen, but which would necessarily result from progression? The legislator, in confirming us in our monopolies, intended to favor production, to feed the sacred fire of industry: now, what interest shall we have to produce, if, though not yet associated, we are not to produce for ourselves alone? After we have been declared free, how can we be made subject to conditions of sale, hire, and exchange which annul our liberty?

A man possesses government securities which bring him an income of twenty thousand francs. The tax, under the new system of progression, will take fifty per cent. of this from him. At this rate it is more advantageous to him to withdraw his capital and consume the principal instead of the income. Then let him be repaid. What! repaid! The State cannot be obliged to repay; and, if it consents to redeem, it will do so in proportion to the net income. Therefore a bond for twenty thousand francs will be worth not more than ten thousand to the bondholder, because of the tax, if he wishes to get it redeemed by the State: unless he divides it into twenty lots, in which case it will return him double the amount. Likewise an estate which rents for fifty thousand francs, the tax taking two-thirds of the income, will lose two- thirds of its value. But let the proprietor divide this estate into a hundred lots and sell it at auction, and then, the terror of the treasury no longer deterring purchasers, he can get back his entire capital. So that, with the progressive tax, real estate no longer follows the law of supply and demand and is not valued according to the real income which it yields, but according to the condition of the owner. The consequence will be that large capitals will depreciate in value, and mediocrity be brought to the front; land-owners will hasten to sell, because it will be better for them to consume their property than to get an insufficient rent from it; capitalists will recall their investments, or will invest only at usurious rates; all exploitation on a large scale will be prohibited, every visible fortune proceeded against, and all accumulation of capital in excess of the figure of the necessary proscribed. Wealth, driven back, will retire within itself and never emerge except by stealth; and labor, like a man attached to a corpse, will embrace misery in an endless union. Does it not well become the economists who devise such reforms to laugh at the reformers?

After having demonstrated the contradiction and delusion of the progressive tax, must I prove its injustice also? The progressive tax, as understood by the economists and, in their wake, by certain radicals, is impracticable, I said just now, if it falls on capital and product: consequently I have supposed it to fall on incomes. But who does not see that this purely theoretical distinction between capital, product, and income falls so far as the treasury is concerned, and that the same impossibilities which we have pointed out reappear here with all their fatal character?

A manufacturer discovers a process by means of which, saving twenty per cent of his cost of production, he secures an income of twenty-five thousand francs. The treasury calls on him for fifteen thousand. He is obliged, therefore, to raise his prices, since, by the fact of the tax, his process, instead of saving twenty per cent, saves only eight per cent. Is not this as if the treasury prevented cheapness? Thus, in trying to reach the rich, the progressive tax always reaches the consumer; and it is impossible for it not to reach him without suppressing production altogether: what a mistake!

It is a law of social economy that all invested capital must return continually to the capitalist in the form of interest. With the progressive tax this law is radically violated, since, by the effect of progression, interest on capital is so reduced that industries are established only at a loss of a part or the whole of the capital. To make it otherwise, interest on capital would have to increase progressively in the same ratio as the tax itself, which is absurd. Therefore the progressive tax stops the creation of capital; furthermore it hinders its circulation. Whoever, in fact, should want to buy a plant for any enterprise or a piece of land for cultivation would have to consider, under the system of progressive taxation, not the real value of such plant or land, but rather the tax which it would bring upon him; so that, if the real income were four per cent., and, by the effect of the tax or the condition of the buyer, must go down to three, the purchase could not be effected. After having run counter to all interests and thrown the market into confusion by its categories, the progressive tax arrests the development of wealth and reduces venal value below real value; it contracts, it petrifies society. What tyranny! What derision!

The progressive tax resolves itself, then, whatever may be done, into a denial of justice, prohibition of production, confiscation. It is unlimited and unbridled absolutism, given to power over everything which, by labor, by economy, by improvements, contributes to public wealth.

But what is the use of wandering about in chimerical hypotheses when the truth is at hand. It is not the fault of the proportional principle if the tax falls with such shocking inequality upon the various classes of society; the fault is in our prejudices and our morals. The tax, as far as is possible in human operations, proceeds with equity, precision. Social economy commands it to apply to product; it applies to product. If product escapes it, it strikes capital: what more natural! The tax, in advance of civilization, supposes the equality of laborers and capitalists: the inflexible expression of necessity, it seems to invite us to make ourselves equals by education and labor, and, by balancing our functions and associating our interests, to put ourselves in accord with it. The tax refuses to distinguish between one man and another: and we blame its mathematical severity for the differences in our fortunes! We ask equality itself to comply with our injustice! Was I not right in saying at the outset that, relatively to the tax, we are behind our institutions?

Accordingly we always see the legislator stopping, in his fiscal laws, before the subversive consequences of the progressive tax, and consecrating the necessity, the immutability of the proportional tax. For equality in well- being cannot result from the violation of capital: the antinomy must be methodically solved, under penalty, for society, of falling back into chaos. Eternal justice does not accommodate itself to all the whims of men: like a woman, whom one may outrage, but whom one does not marry without a solemn alienation of one's self, it demands on our part, with the abandonment of our egoism, the recognition of all its rights, which are those of science.

The tax, whose final purpose, as we have shown, is the reward of the non- producers, but whose original idea was a restoration of the laborer, — the tax, under the system of monopoly, reduces itself therefore to a pure and simple protest, a sort of extra-judicial act, the whole effect of which is to aggravate the situation of the wage-worker by disturbing the monopolist in his possession. As for the idea of changing the proportional tax into a progressive tax, or, to speak more accurately, of reversing the order in which the tax progresses, that is a blunder the entire responsibility for which belongs to the economists.

But henceforth menace hovers over privilege. With the power of modifying the proportionality of the tax, government has under its hand an expeditious and sure means of dispossessing the holders of capital when it will; and it is a frightful thing to see everywhere that great institution, the basis of society, the object of so many controversies, of so many laws, of so many cajoleries, and of so many crimes, PROPERTY, suspended at the end of a thread over the yawning mouth of the proletariat.

3. — Disastrous and inevitable consequences of the tax. (Provisions, sumptuary laws, rural and industrial police, patents, trade-marks, etc.)

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 vice, 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 woollens 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 Caesar, what will Caesar eat? And if the poor man does not cut his cloak to cover Caesar's nudity, what will Caesar 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 quotité 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, woollens $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 jewellers, 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. (5) 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 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 non-productive 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 defence 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 criticised 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; (6) but that the 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 defence 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 offences. 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 criticise 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 co