ustry in
his doubled crop, but that he acquires no right to the land. "Let
the laborer have the fruits of his labor." Very good; but I do not
understand that property in products carries with it property in raw
material. Does the skill of the fisherman, who on the same coast
can catch more fish than his fellows, make him proprietor of the
fishing-grounds? Can the expertness of a hunter ever be regarded as
a property-title to a game-forest? The analogy is perfect,--the
industrious cultivator finds the reward of his industry in the abundancy
and superiority of his crop. If he has made improvements in the soil, he
has the possessor's right of preference. Never, under any circumstances,
can he be allowed to claim a property-title to the soil which he
cultivates, on the ground of his skill as a cultivator.
To change possession into property, something is needed besides labor,
without which a man would cease to be proprietor as soon as he ceased
to be a laborer. Now, the law bases property upon immemorial,
unquestionable possession; that is, prescription. Labor is only the
sensible sign, the physical act, by which occupation is manifested. If,
then, the cultivator remains proprietor after he has ceased to labor
and produce; if his possession, first conceded, then tolerated, finally
becomes inalienable,--it happens by permission of the civil law, and by
virtue of the principle of occupancy. So true is this, that there is not
a bill of sale, not a farm lease, not an annuity, but implies it. I will
quote only one example.
How do we measure the value of land? By its product. If a piece of land
yields one thousand francs, we say that at five per cent. it is worth
twenty thousand francs; at four per cent. twenty-five thousand francs,
&c.; which means, in other words, that in twenty or twenty-five years'
time the purchaser would recover in full the amount originally paid for
the land. If, then, after a certain length of time, the price of a piece
of land has been wholly recovered, why does the purchaser continue to be
proprietor? Because of the right of occupancy, in the absence of which
every sale would be a redemption.
The theory of appropriation by labor is, then, a contradiction of the
Code; and when the partisans of this theory pretend to explain the laws
thereby, they contradict themselves.
"If men succeed in fertilizing land hitherto unproductive, or even
death-producing, like certain swamps, they create thereby pro
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