what is property-第67部分
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l between Athens and Sparta; drawn twenty times since Bossuet; the description of the character and morals of the ancient Romans; and; finally; the sublime peroration which ends the 〃Discourse on Universal History。〃 But when the famous historian deals with causes; his philosophy is at fault。
〃The tribunes always favored the division of captured lands; or the proceeds of their sale; among the citizens。 The Senate steadfastly opposed those laws which were damaging to the State; and wanted the price of lands to be awarded to the public treasury。〃
Thus; according to Bossuet; the first and greatest wrong of civil wars was inflicted upon the people; who; dying of hunger; demanded that the lands; which they had shed their blood to conquer; should be given to them for cultivation。 The patricians; who bought them to deliver to their slaves; had more regard for justice and the public interests。 How little affects the opinions of men! If the roles of Cicero and the Gracchi had been inverted; Bossuet; whose sympathies were aroused by the eloquence of the great orator more than by the clamors of the tribunes; would have viewed the agrarian laws in quite a different light。 He then would have understood that the interest of the treasury was only a pretext; that; when the captured lands were put up at auction; the patricians hastened to buy them; in order to profit by the revenues from them;certain; moreover; that the price paid would come back to them sooner or later; in exchange either for supplies furnished by them to the republic; or for the subsistence of the multitude; who could buy only of them; and whose services at one time; and poverty at another; were rewarded by the State。 For a State does not hoard; on the contrary; the public funds always return to the people。 If; then; a certain number of men are the sole dealers in articles of primary necessity; it follows that the public treasury; in passing and repassing through their hands; deposits and accumulates real property there。
When Menenius related to the people his fable of the limbs and the stomach; if any one had remarked to this story…teller that the stomach freely gives to the limbs the nourishment which it freely receives; but that the patricians gave to the plebeians only for cash; and lent to them only at usury; he undoubtedly would have silenced the wily senator; and saved the people from a great imposition。 The Conscript Fathers were fathers only of their own line。 As for the common people; they were regarded as an impure race; exploitable; taxable; and workable at the discretion and mercy of their masters。
As a general thing; Bossuet shows little regard for the people。 His monarchical and theological instincts know nothing but authority; obedience; and alms…giving; under the name of charity。
This unfortunate disposition constantly leads him to mistake symptoms for causes; and his depth; which is so much admired; is borrowed from his authors; and amounts to very little; after all。
When he says; for instance; that 〃the dissensions in the republic; and finally its fall; were caused by the jealousies of its citizens; and their love of liberty carried to an extreme and intolerable extent;〃 are we not tempted to ask him what caused those JEALOUSIES?what inspired the people with that lOVE OF LIBERTY; EXTREME AND INTOLERABLE? It would be useless to reply; The corruption of morals; the disregard for the ancient poverty; the debaucheries; luxury; and class jealousies; the seditious character of the Gracchi; &c。 Why did the morals become corrupt; and whence arose those eternal dissensions between the patricians and the plebeians?
In Rome; as in all other places; the dissension between the rich and the poor was not caused directly by the desire for wealth (people; as a general thing; do not covet that which they deem it illegitimate to acquire); but by a natural instinct of the plebeians; which led them to seek the cause of their adversity in the constitution of the republic。 So we are doing to…day; instead of altering our public economy; we demand an electoral reform。 The Roman people wished to return to the social compact; they asked for reforms; and demanded a revision of the laws; and a creation of new magistracies。 The patricians; who had nothing to complain of; opposed every innovation。 Wealth always has been conservative。 Nevertheless; the people overcame the resistance of the Senate; the electoral right was greatly extended; the privileges of the plebeians were increased;they had their representatives; their tribunes; and their consuls; but; notwithstanding these reforms; the republic could not be saved。 When all political expedients had been exhausted; when civil war had depleted the population; when the Caesars had thrown their bloody mantle over the cancer which was consuming the empire; inasmuch as accumulated property always was respected; and since the fire never stopped; the nation had to perish in the flames。 The imperial power was a compromise which protected the property of the rich; and nourished the proletaires with wheat from Africa and Sicily: a double error; which destroyed the aristocrats by plethora and the commoners by famine。 At last there was but one real proprietor left;the emperor;whose dependent; flatterer; parasite; or slave; each citizen became; and when this proprietor was ruined; those who gathered the crumbs from under his table; and laughed when he cracked his jokes; perished also。
Montesquieu succeeded no better than Bossuet in fathoming the causes of the Roman decline; indeed; it may be said that the president has only developed the ideas of the bishop。 If the Romans had been more moderate in their conquests; more just to their allies; more humane to the vanquished; if the nobles had been less covetous; the emperors less lawless; the people less violent; and all classes less corrupt; if 。 。 。 &c。; perhaps the dignity of the empire might have been preserved; and Rome might have retained the sceptre of the world! That is all that can be gathered from the teachings of Montesquieu。 But the truth of history does not lie there; the destinies of the world are not dependent upon such trivial causes。 The passions of men; like the contingencies of time and the varieties of climate; serve to maintain the forces which move humanity and produce all historical changes; but they do not explain them。 The grain of sand of which Pascal speaks would have caused the death of one man only; had not prior action ordered the events of which this death was the precursor。
Montesquieu has read extensively; he knows Roman history thoroughly; is perfectly well acquainted with the people of whom he speaks; and sees very clearly why they were able to conquer their rivals and govern the world。 While reading him we admire the Romans; but we do not like them; we witness their triumphs without pleasure; and we watch their fall without sorrow。 Montesquieu's work; like the works of all French writers; is skilfully composed;spirited; witty; and filled with wise observations。 He pleases; interests; instructs; but leads to little reflection; he does not conquer by depth of thought; he does not exalt the mind by elevated reason or earnest feeling。 In vain should we search his writings for knowledge of antiquity; the character of primitive society; or a description of the heroic ages; whose morals and prejudices lived until the last days of the republic。 Vico; painting the Romans with their horrible traits; represents them as excusable; because he shows that all their conduct was governed by preexisting ideas and customs; and that they were informed; so to speak; by a superior genius of which they were unconscious; in Montesquieu; the Roman atrocity revolts; but is not explained。 Therefore; as a writer; Montesquieu brings greater credit upon French literature; as a philosopher; Vico bears away the palm。
Originally; property in Rome was national; not private。 Numa was the first to establish individual property by distributing the lands captured by Romulus。 What was the dividend of this distribution effected by Numa? What conditions were imposed upon individuals; what powers reserved to the State? None whatever。 Inequality of fortunes; absolute abdication by the republic of its right of eminent domain over the property of citizens;such were the first results of the division of Numa; who justly may be regarded as the originator of Roman revolutions。 He it was who instituted the worship of the god Terminus;the guardian of private possession; and one of the most ancient gods of Italy。 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。'1' 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。
'1' 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