persons。 The former are called COMMON； the latter PRIVATE。〃
This reasoning is not strictly logical。 Water； air； and light are COMMON things； not because they are INEXHAUSTIBLE； but because they are INDISPENSABLE； and so indispensable that for that very reason Nature has created them in quantities almost infinite； in order that their plentifulness might prevent their appropriation。 Likewise the land is indispensable to our existence；consequently a common thing； consequently insusceptible of appropriation； but land is much scarcer than the other elements； therefore its use must be regulated； not for the profit of a few； but in the interest and for the security of all。
In a word； equality of rights is proved by equality of needs。 Now； equality of rights； in the case of a commodity which is limited in amount； can be realized only by equality of possession。 An agrarian law underlies M。 Ch。 Comte's arguments。
From whatever point we view this question of propertyprovided we go to the bottom of itwe reach equality。 I will not insist farther on the distinction between things which can； and things which cannot； be appropriated。 On this point； economists and legists talk worse than nonsense。 The Civil Code； after having defined property； says nothing about susceptibility of appropriation； and if it speaks of things which are in THE MARKET； it always does so without enumerating or describing them。 However； light is not wanting。 There are some few maxims such as these： _Ad reges potestas omnium pertinet； ad singulos proprietas； Omnia rex imperio possidet； singula dominio_。 Social sovereignty opposed to private property！might not that be called a prophecy of equality； a republican oracle？ Examples crowd upon us： once the possessions of the church； the estates of the crown； the fiefs of the nobility were inalienable and imprescriptible。 If； instead of abolishing this privilege； the Constituent had extended it to every individual； if it had declared that the right of labor； like liberty； can never be forfeited；at that moment the revolution would have been consummated； and we could now devote ourselves to improvement in other directions。
％ 2。Universal Consent no Justification of Property。
In the extract from Say； quoted above； it is not clear whether the author means to base the right of property on the stationary character of the soil； or on the consent which he thinks all men have granted to this appropriation。 His language is such that it may mean either of these things； or both at once； which entitles us to assume that the author intended to say； 〃The right of property resulting originally from the exercise of the will； the stability of the soil permitted it to be applied to the land； and universal consent has since sanctioned this application。〃
However that may be； can men legitimate property by mutual consent？ I say； no。 Such a contract； though drafted by Grotius； Montesquieu； and J。 J。 Rousseau； though signed by the whole human race； would be null in the eyes of justice； and an act to enforce it would be illegal。 Man can no more give up labor than liberty。 Now； to recognize the right of territorial property is to give up labor； since it is to relinquish the means of labor； it is to traffic in a natural right； and divest ourselves of manhood。
But I wish that this consent； of which so much is made； had been given； either tacitly or formally。 What would have been the result？ Evidently； the surrenders would have been reciprocal； no right would have been abandoned without the receipt of an equivalent in exchange。 We thus come back to equality again； the sine qua non of appropriation； so that； after having justified property by universal consent； that is； by equality； we are obliged to justify the inequality of conditions by property。 Never shall we extricate ourselves from this dilemma。 Indeed； if； in the terms of the social compact； property has equality for its condition； at the moment when equality ceases to exist； the compact is broken and all property becomes usurpation。 We gain nothing； then； by this pretended consent of mankind。
％ 3。Prescription Gives No Title to Property。
The right of property was the origin of evil on the earth； the first link in the long chain of crimes and misfortunes which the human race has endured since its birth。 The delusion of prescription is the fatal charm thrown over the intellect； the death sentence breathed into the conscience； to arrest man's progress towards truth； and bolster up the worship of error。
The Code defines prescription thus： 〃The process of gaining and losing through the lapse of time。〃 In applying this definition to ideas and beliefs； we may use the word PRESCRIPTION to denote the everlasting prejudice in favor of old superstitions； whatever be their object； the opposition； often furious and bloody； with which new light has always been received； and which makes the sage a martyr。 Not a principle； not a discovery； not a generous thought but has met； at its entrance into the world； with a formidable barrier of preconceived opinions； seeming like a conspiracy of all old prejudices。 Prescriptions against reason； prescriptions against facts； prescriptions against every truth hitherto unknown；that is the sum and substance of the _statu quo_ philosophy； the watchword of conservatives throughout the centuries。
When the evangelical reform was broached to the world； there was prescription in favor of violence； debauchery； and selfishness； when Galileo； Descartes； Pascal； and their disciples reconstructed philosophy and the sciences； there was prescription in favor of the Aristotelian philosophy； when our fathers of '89 demanded liberty and equality； there was prescription in favor of tyranny and privilege。 〃There always have been proprietors and there always will be：〃 it is with this profound utterance； the final effort of selfishness dying in its last ditch； that the friends of social inequality hope to repel the attacks of their adversaries； thinking undoubtedly that ideas； like property； can be lost by prescription。
Enlightened to…day by the triumphal march of science； taught by the most glorious successes to question our own opinions； we receive with favor and applause the observer of Nature； who； by a thousand experiments based upon the most profound analysis； pursues a new principle； a law hitherto undiscovered。 We take care to repel no idea； no fact； under the pretext that abler men than ourselves lived in former days； who did not notice the same phenomena； nor grasp the same analogies。 Why do we not preserve a like attitude towards political and philosophical questions？ Why this ridiculous mania for affirming that every thing has been said； which means that we know all about mental and moral science？ Why is the proverb； THERE IS NOTHING NEW UNDER THE SUN； applied exclusively to metaphysical investigations？
Because we still study philosophy with the imagination； instead of by observation and method； because fancy and will are universally regarded as judges； in the place of arguments and facts；it has been impossible to this day to distinguish the charlatan from the philosopher； the savant from the impostor。 Since the days of Solomon and Pythagoras； imagination has been exhausted in guessing out social and psychological laws； all systems have been proposed。 Looked at in this light； it is probably true that EVERY THING HAS BEEN SAID； but it is no less true that EVERY THING REMAINS TO BE PROVED。 In politics （to take only this branch of philosophy）； in politics every one is governed in his choice of party by his passion and his interests； the mind is submitted to the impositions of the will；there is no knowledge； there is not even a shadow of certainty。 In this way； general ignorance produces general tyranny； and while liberty of thought is written in the charter； slavery of thought； under the name of MAJORITY RULE； is decreed by the charter。
In order to confine myself to the civil prescription of which the Code speaks； I shall refrain from beginning a discussion upon this worn…out objection brought forward by proprietors； it would be too tiresome and declamatory。 Everybody knows that there are rights which cannot be prescribed； and； as for those things which can be gained through the lapse of time； no one is ignorant of the fact that prescription requires certain conditions； the omission of one of which renders it null。 If it is true； for example； that the proprietor's possession has been CIVIL； PUBLIC； PEACEABLE； and UNINTERRUPTED； it is none the less true that it is not based on a just title； since the only titles which it can showoccupation and laborprove as much for the proletaire who demands； as for the proprietor who defends。 Further； this possession is DISHONEST； since it is founded on a violation of right； which prevents prescription； according to the saying of St。 Paul_Nunquam in usucapionibus juris error possessori prodest_。 The violation of right lies either in the fact that the holder possesses as proprietor； while he should possess only as usufructuary； or in the fact that he has purchased a thing which no one had a right to transfer or sell。
Another reason why prescription cannot be adduced in favor o