It was Numa who placed property under the protection of Jupiter;who, in imitation of the Etrurians, wished to make priests of the land-surveyors; who invented a liturgy for cadastral operations, and ceremonies of consecration for the marking of boundaries,--who, in short, made a religion of property.All these fancies would have been more beneficial than dangerous, if the holy king had not forgotten one essential thing; namely, to fix the amount that each citizen could possess, and on what conditions he could possess it.For, since it is the essence of property to continually increase by accession and profit, and since the lender will take advantage of every opportunity to apply this principle inherent in property, it follows that properties tend, by means of their natural energy and the religious respect which protects them, to absorb each other, and fortunes to increase or diminish to an indefinite extent,--a process which necessarily results in the ruin of the people, and the fall of the republic.
Roman history is but the development of this law.
Similar or analogous customs have existed among all nations.
Consult, among other works, "Origin of French Law," by M.
Michelet; and "Antiquities of German Law," by Grimm.
Scarcely had the Tarquins been banished from Rome and the monarchy abolished, when quarrels commenced between the orders.
In the year 494 B.C., the secession of the commonalty to the Mons Sacer led to the establishment of the tribunate.Of what did the plebeians complain? That they were poor, exhausted by the interest which they paid to the proprietors,--_foeneratoribus;_that the republic, administered for the benefit of the nobles, did nothing for the people; that, delivered over to the mercy of their creditors, who could sell them and their children, and having neither hearth nor home, they were refused the means of subsistence, while the rate of interest was kept at its highest point, &c.For five centuries, the sole policy of the Senate was to evade these just complaints; and, notwithstanding the energy of the tribunes, notwithstanding the eloquence of the Gracchi, the violence of Marius, and the triumph of Caesar, this execrable policy succeeded only too well.The Senate always temporized;the measures proposed by the tribunes might be good, but they were inopportune.It admitted that something should be done; but first it was necessary that the people should resume the performance of their duties, because the Senate could not yield to violence, and force must be employed only by the law.If the people--out of respect for legality--took this beautiful advice, the Senate conjured up a difficulty; the reform was postponed, and that was the end of it.On the contrary, if the demands of the proletaires became too pressing, it declared a foreign war, and neighboring nations were deprived of their liberty, to maintain the Roman aristocracy.
But the toils of war were only a halt for the plebeians in their onward march towards pauperism.The lands confiscated from the conquered nations were immediately added to the domain of the State, to the ager publicus; and, as such, cultivated for the benefit of the treasury; or, as was more often the case, they were sold at auction.None of them were granted to the proletaires, who, unlike the patricians and knights, were not supplied by the victory with the means of buying them.War never enriched the soldier; the extensive plundering has been done always by the generals.The vans of Augereau, and of twenty others, are famous in our armies; but no one ever heard of a private getting rich.Nothing was more common in Rome than charges of peculation, extortion, embezzlement, and brigandage, carried on in the provinces at the head of armies, and in other public capacities.All these charges were quieted by intrigue, bribery of the judges, or desistance of the accuser.The culprit was allowed always in the end to enjoy his spoils in peace; his son was only the more respected on account of his father's crimes.And, in fact, it could not be otherwise.What would become of us, if every deputy, peer, or public functionary should be called upon to show his title to his fortune!
"The patricians arrogated the exclusive enjoyment of the ager publicus; and, like the feudal seigniors, granted some portions of their lands to their dependants,--a wholly precarious concession, revocable at the will of the grantor.The plebeians, on the contrary, were entitled to the enjoyment of only a little pasture-land left to them in common: an utterly unjust state of things, since, in consequence of it, taxation--_census_--weighed more heavily upon the poor than upon the rich.The patrician, in fact, always exempted himself from the tithe which he owed as the price and as the acknowledgment of the concession of domain; and, on the other hand, paid no taxes on his POSSESSIONS, if, as there is good reason to believe, only citizens' property was taxed."--Laboulaye: History of Property.
