LIFE THE BASIS OF THE RIGHT OF PROPERTY.
Among the pieces of furniture in the subterranean bedchamber where Dr.
Leete had found me sleeping was one of the strong boxes of iron cunningly
locked which in my time were used for the storage of money and valuables.
The location of this chamber so far underground, its solid stone
construction and heavy doors, had not only made it impervious to noise
but equally proof against thieves, and its very existence being,
moreover, a secret, I had thought that no place could be safer for
keeping the evidences of my wealth.
Edith had been very curious about the safe, which was the name we gave to
these strong boxes, and several times when we were visiting the vault had
expressed a lively desire to see what was inside. I had proposed to open
it for her, but she had suggested that, as her father and mother would be
as much interested in the process as herself, it would be best to
postpone the treat till all should be present.
As we sat at breakfast the day after the experiences narrated in the
previous chapters, she asked why that morning would not be a good time to
show the inside of the safe, and everybody agreed that there could be no
better.
"What is in the safe?" asked Edith's mother.
"When I last locked it in the year 1887," I replied, "there were in it
securities and evidences of value of various sorts representing something
like a million dollars. When we open it this morning we shall find,
thanks to the great Revolution, a fine collection of waste paper.--I
wonder, by the way, doctor, just what your judges would say if I were to
take those securities to them and make a formal demand to be reinstated
in the possessions which they represented? Suppose I said: 'Your Honors,
these properties were once mine and I have never voluntarily parted with
them. Why are they not mine now, and why should they not be returned to
me?' You understand, of course, that I have no desire to start a revolt
against the present order, which I am very ready to admit is much better
than the old arrangements, but I am quite curious to know just what the
judges would reply to such a demand, provided they consented to entertain
it seriously. I suppose they would laugh me out of court. Still, I think
I might argue with some plausibility that, seeing I was not present when
the Revolution divested us capitalists of our wealth, I am at least
entitled to a courteous explanation of the grounds on which that course
was justified at the time. I do not want my million back, even if it were
possible to return it, but as a matter of rational satisfaction I should
like to know on just what plea it was appropriated and is retained by the
community."
"Really Julian," said the doctor, "it would be an excellent idea if you
were to do just what you have suggested--that is, bring a formal suit
against the nation for reinstatement in your former property. It would
arouse the liveliest popular interest and stimulate a discussion of the
ethical basis of our economic equality that would be of great educational
value to the community. You see the present order has been so long
established that it does not often occur to anybody except historians
that there ever was any other. It would be a good thing for the people to
have their minds stirred up on the subject and be compelled to do some
fundamental thinking as to the merits of the differences between the old
and the new order and the reasons for the present system. Confronting the
court with those securities in your hand, you would make a fine dramatic
situation. It would be the nineteenth century challenging the twentieth,
the old civilization, demanding an accounting of the new. The judges, you
may be sure, would treat you with the greatest consideration. They would
at once admit your rights under the peculiar circumstances to have the
whole question of wealth distribution and the rights of property reopened
from the beginning, and be ready to discuss it in the broadest spirit."
"No doubt," I answered, "but it is just an illustration, I suppose, of
the lack of unselfish public spirit among my contemporaries that I do not
feel disposed to make myself a spectacle even in the cause of education.
Besides, what is the need? You can tell me as well as the judges could
what the answer would be, and as it is the answer I want and not the
property that will do just as well."
"No doubt," said the doctor, "I could give you the general line of
reasoning they would follow."
"Very well. Let us suppose, then, that you are the court. On what ground
would you refuse to return me my million, for I assume that you would
refuse?"
"Of course it would be the same ground," replied the doctor, "that the
nation proceeded upon in nationalizing the property which that same
million represented at the time of the great Revolution."
"I suppose so; that is what I want to get at. What is that ground?"
"The court would say that to allow any person to withdraw or withhold
from the public administration for the common use any larger portion of
capital than the equal portion allotted to all for personal use and
consumption would in so far impair the ability of society to perform its
first duty to its members."
"What is this first duty of society to its members, which would be
interfered with by allowing particular citizens to appropriate more than
an equal proportion of the capital of the country?"
"The duty of safeguarding the first and highest right of its members--the
right of life."
"But how is the duty of society to safeguard the lives of its members
interfered with when one person, has more capital than another?"
"Simply," answered the doctor, "because people have to eat in order to
live, also to be clothed and to consume a mass of necessary and desirable
things, the sum of which constitutes what we call wealth or capital. Now,
if the supply of these things was always unlimited, as is the air we need
to breathe, it would not be necessary to see that each one had his share,
but the supply of wealth being, in fact, at any one time limited, it
follows that if some have a disproportionate share, the rest will not
have enough and may be left with nothing, as was indeed the case of
millions all over the world until the great Revolution established
economic equality. If, then, the first right of the citizen is protection
to life and the first duty of society is to furnish it, the state must
evidently see to it that the means of life are not unduly appropriated by
particular individuals, but are distributed so as to meet the needs of
all. Moreover, in order to secure the means of life to all, it is not
merely necessary that the state should see that the wealth available for
consumption is properly distributed at any given time; for, although all
might in that case fare well for to-day, tomorrow all might starve
unless, meanwhile, new wealth were being produced. The duty of society to
guarantee the life of the citizen implies, therefore, not merely the
equal distribution of wealth for consumption, but its employment as
capital to the best possible advantage for all in the production of more
wealth. In both ways, therefore, you will readily see that society would
fail in its first and greatest function in proportion as it were to
permit individuals beyond the equal allotment to withdraw wealth, whether
for consumption or employment as capital, from the public administration
in the common interest."
"The modern ethics of ownership is rather startlingly simple to a
representative of the nineteenth century," I observed. "Would not the
judges even ask me by what right or title of ownership I claimed my
wealth?"
"Certainly not. It is impossible that you or any one could have so strong
a title to material things as the least of your fellow-citizens have to
their lives, or could make so strong a plea for the use of the collective
power to enforce your right to things as they could make that the
collective power should enforce their right to life against your right to
things at whatever point the two claims might directly or indirectly
conflict. The effect of the disproportionate possession of the wealth of
a community by some of its members to curtail and threaten the living of
the rest is not in any way affected by the means by which that wealth was
obtained. The means may have constituted, as in past times they often did
by their iniquity, an added injury to the community; but the fact of the
disproportion, however resulting, was a continuing injury, without regard
to its beginnings. Our ethics of wealth is indeed, as you say, extremely
simple. It consists merely in the law of self-preservation, asserted in
the name of all against the encroachments of any. It rests upon a
principle which a child can understand as well as a philosopher, and
which no philosopher ever attempted to refute--namely, the supreme right
of all to live, and consequently to insist that society shall be so
organized as to secure that right.
"But, after all," said the doctor, "what is there in our economic
application of this principle which need impress a man of your time with
any other sensation than one of surprise that it was not earlier made?
Since what you were wont to call modern civilization existed, it has been
a principle subscribed to by all governments and peoples that it is the
first and supreme duty of the state to protect the lives of the citizens.
For the purpose of doing this the police, the courts, the army, and the
greater part of the machinery of governments has existed. You went so far
as to hold that a state which did not at any cost and to the utmost of
its resources safeguard the lives of its citizens forfeited all claim to
their allegiance.
"But while professing this principle so broadly in words, you completely
ignored in practice half and vastly the greater half of its meaning. You
wholly overlooked and disregarded the peril to which life is exposed on
the economic side--the hunger, cold, and thirst side. You went on the
theory that it was only by club, knife, bullet, poison, or some other
form of physical violence that life could be endangered, as if hunger,
cold, and thirst--in a word, economic want--were not a far more constant
and more deadly foe to existence than all the forms of violence together.
You overlooked the plain fact that anybody who by any means, however
indirect or remote, took away or curtailed one's means of subsistence
attacked his life quite as dangerously as it could be done with knife or
bullet--more so, indeed, seeing that against direct attack he would have
a better chance of defending himself. You failed to consider that no
amount of police, judicial, and military protection would prevent one
from perishing miserably if he had not enough to eat and wear."
"We went on the theory," I said, "that it was not well for the state to
intervene to do for the individual or to help him to do what he was able
to do for himself. We held that the collective organization should only
be appealed to when the power of the individual was manifestly unequal to
the task of self-defense."
"It was not so bad a theory if you had lived up to it," said the doctor,
"although the modern theory is far more rational that whatever can be
done better by collective than individual action ought to be so
undertaken, even if it could, after a more imperfect fashion, be
individually accomplished. But don't you think that under the economic
conditions which prevailed in America at the end of the nineteenth
century, not to speak of Europe, the average man armed with a good
revolver would have found the task of protecting himself and family
against violence a far easier one than that of protecting them against
want? Were not the odds against him far greater in the latter struggle
than they could have been, if he were a tolerably good shot, in the
former? Why, then, according to your own maxim, was the collective force
of society devoted without stint to safeguarding him against violence,
which he could have done for himself fairly well, while he was left to
struggle against hopeless odds for the means of a decent existence? What
hour, of what day of what year ever passed in which the number of deaths,
and the physical and moral anguish resulting from the anarchy of the
economic struggle and the crushing odds against the poor, did not
outweigh as a hundred to one that same hour's record of death or
suffering resulting from violence? Far better would society have
fulfilled its recognized duty of safeguarding the lives of its members
if, repealing every criminal law and dismissing every judge and
policeman, it had left men to protect themselves as best they might
against physical violence, while establishing in place of the machinery
of criminal justice a system of economic administration whereby all would
have been guaranteed against want. If, indeed, it had but substituted
this collective economic organization for the criminal and judicial
system it presently would have had as little need of the latter as we do,
for most of the crimes that plagued you were direct or indirect
consequences of your unjust economic conditions, and would have
disappeared with them.
"But excuse my vehemence. Remember that I am arraigning your civilization
and not you. What I wanted to bring out is that the principle that the
first duty of society is to safeguard the lives of its members was as
fully admitted by your world as by ours, and that in failing to give the
principle an economic as well as police, judicial, and military
interpretation, your world convicted itself of an inconsistency as
glaring in logic as it was cruel in consequences. We, on the other hand,
in assuming as a nation the responsibility of safeguarding the lives of
the people on the economic side, have merely, for the first time,
honestly carried out a principle as old as the civilized state."
"That is clear enough," I said. "Any one, on the mere statement of the
case, would of course be bound to admit that the recognized duty of the
state to guarantee the life of the citizen against the action of his
fellows does logically involve responsibility to protect him from
influences attacking the economic basis of life quite as much as from
direct forcible assaults. The more advanced governments of my day, by
their poor laws and pauper systems, in a dim way admitted this
responsibility, although the kind of provision they made for the
economically unfortunate was so meager and accompanied with such
conditions of ignominy that men would ordinarily rather die than accept
it. But grant that the sort of recognition we gave of the right of the
citizen to be guaranteed a subsistence was a mockery more brutal than its
total denial would have been, and that a far larger interpretation of its
duty in this respect was incumbent on the state, yet how does it
logically follow that society is bound to guarantee or the citizen to
demand an absolute economic equality?"
"It is very true, as you say," answered the doctor, "that the duty of
society to guarantee every member the economic basis of his life might be
after some fashion discharged short of establishing economic equality.
Just so in your day might the duty of the state to safeguard the lives of
citizens from physical violence have been discharged after a nominal
fashion if it had contented itself with preventing outright murders,
while leaving the people to suffer from one another's wantonness all
manner of violence not directly deadly; but tell me, Julian, were
governments in your day content with so construing the limit of their
duty to protect citizens from violence, or would the citizens have been
content with such a limitation?"
"Of course not."
"A government which in your day," continued the doctor, "had limited its
undertaking to protect citizens from violence to merely preventing
murders would not have lasted a day. There were no people so barbarous as
to have tolerated it. In fact, not only did all civilized governments
undertake to protect citizens from assaults against their lives, but from
any and every sort of physical assault and offense, however petty. Not
only might not a man so much as lay a finger on another in anger, but if
he only wagged his tongue against him maliciously he was laid by the
heels in jail. The law undertook to protect men in their dignity as well
as in their mere bodily integrity, rightly recognizing that to be
insulted or spit upon is as great a grievance as any assault upon life
itself.
"Now, in undertaking to secure the citizen in his right to life on the
economic side, we do but studiously follow your precedents in
safeguarding him from direct assault. If we did but secure his economic
basis so far as to avert death by direct effect of hunger and cold as
your pauper laws made a pretense of doing, we should be like a State in
your day which forbade outright murder but permitted every kind of
assault that fell short of it. Distress and deprivation resulting from
economic want falling short of actual starvation precisely correspond to
the acts of minor violence against which your State protected citizens as
carefully as against murder. The right of the citizen to have his life
secured him on the economic side can not therefore be satisfied by any
provision for bare subsistence, or by anything less than the means for
the fullest supply of every need which it is in the power of the nation
by the thriftiest stewardship of the national resources to provide for
all.
"That is to say, in extending the reign of law and public justice to the
protection and security of men's interests on the economic side, we have
merely followed, as we were reasonably bound to follow, your much-vaunted
maxim of 'equality before the law.' That maxim meant that in so far as
society collectively undertook any governmental function, it must act
absolutely without respect of persons for the equal benefit of all.
Unless, therefore, we were to reject the principle of 'equality before
the law,' it was impossible that society, having assumed charge of the
production and distribution of wealth as a collective function, could
discharge it on any other principle than equality."
"If the court please," I said, "I should like to be permitted at this
point to discontinue and withdraw my suit for the restoration of my
former property. In my day we used to hold on to all we had and fight for
all we could get with a good stomach, for our rivals were as selfish as
we, and represented no higher right or larger view. But this modern
social system with its public stewardship of all capital for the general
welfare quite changes the situation. It puts the man who demands more
than his share in the light of a person attacking the livelihood and
seeking to impair the welfare of everybody else in the nation. To enjoy
that attitude anybody must be a good deal better convinced of the justice
of his title than I ever was even in the old days."