Turgot's Legacy for France |
William Edward Hartpole Lecky |
[An excerpt from the book Democracy
and Liberty, published in 1896 by Longmans, Green and Co., pp.
199-204]
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The really communistic element in this" [late 18th century thru
the early 19th century] period of French speculation is to be found in
very inferior writers. Mably is perhaps the most conspicuous. With
that gross ignorance of human nature which characterises the writers
of his school, he maintains that the faculties and characters of men
are naturally but little different, and that all men are born
virtuous. ' I am persuaded,' he says, ' that if men are wicked, it is
the fault of the laws.' Inequalities of fortune and condition are the
root of all evil. They produce ambition and avarice, two passions
which he imagines that it is in the power of the legislator to banish
from human nature. The true remedy would be the abolition of private
property and the establishment of community of goods. Mably, however,
with a gleam of unwonted good sense, perceived that in the France of
the eighteenth century this was impossible, and he contented himself,
accordingly, with urging that the State should enormously increase its
power over successions, should appropriate the succession of all but
near relations, and should especially very strictly limit the amount
of land possessed by each citizen. 'Good legislation should be
continually decomposing and dividing the fortunes which avarice and
ambition are continually labouring to accumulate.' If the result is
diminished production, this signifies little, ' provided there are no
longer patricians and plebeians in the State.' The State must act as a
general and highly coercive providence. There must be a system of
universal, common, and obligatory education, imitated from that of
Sparta. Art should be proscribed, for statues, pictures, and vases are
very useless things. They are of the nature of luxuries, and have been
the source of great evils in the world. The State must also strictly
regulate religion, tolerating existing creeds, but not permitting the
introduction of any new religions, and punishing atheists, Epicureans,
and materialists with imprisonment for life.
Doctrines of substantially the same kind were maintained by Morelly,
who desired all private property to be abolished, every citizen to be
reduced to the position of a functionary in the State, and all the
affairs of private and domestic life to be minutely .regulated by law;
and also by Warville de Brissot, whose special title to remembrance is
that he is the true author of the saying, 'Property is robbery,' which
Proudhon afterwards made so popular. Very consistently with this
principle he defended stealing, as correcting the injustice of the
institution of property.
These doctrines, however, did not play any considerable part in the
Revolution, and in the first stages of that great explosion they were
altogether repudiated. There is a distinction to be drawn between the
confiscation of great masses of property and the establishment of
principles essentially inconsistent with the existence of property.
There was much confiscation in the abolition of feudal rights, and
gigantic confiscations followed the political proscriptions and the
emigrations ; but it was the object of the legislator to divide the
confiscated land as much as possible, and the abolition of the feudal
laws gave to the greatly increased number of small proprietors, both
in fact and in law, an unrestricted and undivided ownership. In this
way the Revolution multiplied a class who clung with extreme tenacity
to the idea of private property in land. At the same time, in the
spheres of industry its great work was the abolition of the
monopolies, privileges, and restrictions which still existed in the
mediaeval system of corporations. Before the Revolution, in nearly
every town all the more important trades were concentrated in the
hands of closely organised corporations, with exclusive rights of
making and selling particular articles. Free competition was unknown.
Every man who desired to practise a trade or industry was obliged to
enter as an apprentice into one of these corporations, to pass through
its grades, to submit to its rules. It is a form of industry curiously
like that which would again exist if the supremacy of trade unions
became complete. The abolition of this system and the establishment of
complete freedom of labour had long been one of the chief objects of
the party of innovation in France. The ' Essay on the Liberty of
Commerce and Industry,' by the President Bigot de Sainte-Croix, and
the famous introduction by Turgot to his law for the suppression of
'jurandes' and 'communautes,' state in the fullest and clearest terms
the evils of the system.
The subject was one in which Turgot took a keen interest, and perhaps
the most memorable act of his memorable ministry was the abolition of
these corporations, which had existed for probably at least 1,000
years, and the re-establishment of freedom of labour. It was a cause
in which all the philosophical party, all the men whom we should now
call ' advanced thinkers,' were fully agreed. In the words of the
admirable biographer of Turgot, 'an odious and ridiculous slavery was
abolished. The inhabitants of the towns acquired at last the right of
disposing as they pleased of their own arms and their own labour. It
was a right which at that time was enjoyed in no nation, not even in
those which boasted most loudly of their liberty. This right, one of
the first which Nature has given us, and which may be deemed a
necessary consequence of the right to live, seemed blotted out of the-
memory and the heart of man. It is one of the title-deeds of humanity
which had been lost in the night of the ages of barbarism, and which
it has been the glory of our century to rediscover.' [Condorcet]
The edict abolishing these corporations was issued in February 1776.
It was natural that so great a change should not have been effected
without producing a profound convulsion, and it gave a new force and a
rallying-cry to the many reactionary influences which were directed
against Turgot. The Parliament of Paris, supported by a large number
of provincial Parliaments, took a leading part in opposing it. A very
remarkable memoir was published, entitled Memoire a consulter sur
1'existence actuelle des six corps et la conservation de leurs
privileges, in which the case of the corporations was argued with
much skill. Two points in it may be especially noted. One is the
.prediction that, if the restrictions which the corporate system
introduced into industry were abolished, there would be a dangerous
and excessive migration of labour from the country to the towns. The
other is a very strong assertion that the mass of the working classes
preferred the corporate system, which gives industry a stability it
could not otherwise have, to the system of unlimited liberty and
uncontrolled competition.
The opponents of Turgot triumphed. The great minister fell, and a few
months, later the old system of industrial corporations was, with some
slight modifications, restored. But the whole force of the
philosophical and innovating spirit in France was running against
them. What we should now call Radical opinion at the close of the
eighteenth century flowed as strongly against the monopolies and
restrictions of corporate industry, and in favour of a complete
freedom of individual industry, as it is now flowing in the opposite
direction. The words which Turgot had introduced into his famous law
were often repeated. ' The right to labour is the property of every
man, and this property is the first, the most sacred, the most
inalienable of all.' The Constitution of 1791 asserted it in the
clearest terms, sweeping away the whole system of 'jurandes' and
'maltrises,' apprenticeships and industrial corporations, and
proclaiming the lull right of all Frenchmen to practise, with a few
specified exceptions, any form of art, or profession, or industry, on
the sole condition of purchasing a license from the State.
No portion of the work of the French Revolution has been more lasting
or more widely followed than this emancipation of industry, which
enabled every man to carry his labour whither he pleased, to make his
own terms, and enjoy the full fruits of his own industry. The
Declaration of the Bights of Man and the Constitution of 1791 asserted
and guaranteed in the clearest terms the rights of acquired property.
'Property is an inviolable and sacred right. No one may be deprived of
it unless public necessity, legally established, evidently requires
it, and then only on the condition of a just indemnity paid
beforehand.' The same principle descended through succeeding codes.
Even the Convention decreed the pain of death against any one who
proposed a law 'subverting territorial, commercial, or industrial
properties.' 'Property,' according to the Constitution of the year
III., 'is the right of a man to enjoy and to dispose of his goods, his
revenues, the fruit of his labour and industry.' The Code Napoleon
described it as ' the right of enjoying and disposing of possessions
in the most absolute manner, provided only that the owner does not
make a use of them prohibited by law.'
Extreme jealousy of all corporations and combinations within the
State was one of the most marked characteristics of the French
Revolution. A decree of June 17,1791, contains the following
remarkable article: 'The annihilation of all kinds of corporations of
citizens of the same station or profession being one of the
fundamental bases of the French Constitution, it is forbidden to
re-establish them under any pretext or in any form. Citizens of the
same station or profession, contractors, shopkeepers, workmen or
apprentices in any art, are forbidden, if they come together, to elect
a president, or a secretary, or a syndic to keep registers, to pass
any resolutions or to form any rules about their pretended common
interests.' It would be impossible to show more clearly how
emphatically the spirit of the French Revolution is opposed to the
organisation of labour, which is an indispensable ingredient of modern
Socialism, and in no legislation were the rights of property more
clearly denned or the obligations of contract more strictly enforced
than in that which grew out of the Revolution.
There was, it is true, one short period in the movement when
Socialist theories seemed for a time to prevail. During the Reign of
Terror, in 1793, the Convention was in the hands of the most extreme
party, and, in the desperate circumstances in which France then found
herself through the utter disorganisation of industry and property,
and through the pressure of a gigantic war, these theories were acted
on with a feverish energy. War was openly declared against the rich.
No one, Robespierre said, should have more than 3,000 livres of
revenue.2 Vast sums, raised chiefly by confiscation, were voted for
the relief of the poor. The price of all articles was strictly
regulated by law. It was made death for any merchant to withhold earn
or other articles of first necessity from the market, for any private
person to keep more corn in his house than was required for his
subsistence.8 The rich were crushed by requisitions ordering them to
give up all precious metals and jewellery; by an enormously graduated
taxation; by a forced loan imposed exclusively upon them ; by the
forced circulation of depreciated paper. At the same time the
Convention formally recognised the right of all members of society to
obtain work from the State, or, if unable to labour, assured means of
subsistence.
The state of society that at this time existed in France could not
possibly last, and this tyranny-the most odious that modern Europe has
known-soon passed away.
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