PART III.. Spoliation and Law.[16]

SPOLIATION AND LAW.

"Political economy shall be taught by the government professors, not merely from the theoretical point of view of free trade, but also with special regard to the facts and legislation which control French industry."

It was in reply to this decree that Bastiat wrote the pamphlet Spoliation and Law, which first appeared in the Journal des Economistes, May 15, 1850.]

To the Protectionists of the General Council of Manufactures:

GENTLEMEN--Let us for a few moments interchange moderate and friendly opinions.

You are not willing that political economy should believe and teach free trade.

This is as though you were to say, "We are not willing that political economy should occupy itself with society, exchange, value, law, justice, property. We recognize only two principles--oppression and spoliation."

Can you possibly conceive of political economy without society? Or of society without exchange? Or of exchange without a relative value between the two articles, or the two services, exchanged? Can you possibly conceive the idea of value, except as the result of the free consent of the exchangers? Can you conceive of one product being worth another, if, in the barter, one of the parties is not free? Is it possible for you to conceive of the free consent of two parties without liberty? Can you possibly conceive that one of the contracting parties is deprived of his liberty unless he is oppressed by the other? Can you possibly conceive of an exchange between an oppressor and one oppressed, unless the equivalence of the services is altered, or unless, as a consequence, law, justice, and the rights of property have been violated?

What do you really want? Answer frankly.

You are not willing that trade should be free!

You desire, then, that it shall not be free? You desire, then, that trade shall be carried on under the influence of oppression? For if it is not carried on under the influence of oppression, it will be carried on under the influence of liberty, and that is what you do not desire.

Admit, then, that it is law and justice which embarrass you; that that which troubles you is property--not your own, to be sure, but another's. You are altogether unwilling to allow others to freely dispose of their own property (the essential condition of ownership); but you well understand how to dispose of your own--and of theirs.

And, accordingly, you ask the political economists to arrange this mass of absurdities and monstrosities in a definite and well-ordered system; to establish, in accordance with your practice, the theory of spoliation.

But they will never do it; for, in their eyes, spoliation is a principle of hatred and disorder, and the most particularly odious form which it can assume is the legal form.

And here, Mr. Benoit d' Azy, I take you to task. You are moderate, impartial, and generous. You are willing to sacrifice your interests and your fortune. This you constantly declare. Recently, in the General Council, you said: "If the rich had only to abandon their wealth to make the people rich we should all be ready to do it." [Hear, hear. It is true.] And yesterday, in the National Assembly, you said: "If I believed that it was in my power to give to the workingmen all the work they need, I would give all I possess to realize this blessing. Unfortunately, it is impossible."

Although it pains you that the sacrifice is so useless that it should not be made, and you exclaim, with Basile, "Money! money! I detest it--but I will keep it," assuredly no one will question a generosity so retentive, however barren. It is a virtue which loves to envelop itself in a veil of modesty, especially when it is purely latent and negative. As for you, you will lose no opportunity to proclaim it in the ears of all France from the tribune of the Luxembourg and the Palais Legislatif.

But no one desires you to abandon your fortune, and I admit that it would not solve the social problem.

You wish to be generous, but cannot. I only venture to ask that you will be just. Keep your fortune, but permit me also to keep mine. Respect my property as I respect yours. Is this too bold a request on my part?

Suppose we lived in a country under a free trade regime, where every one could dispose of his property and his labor at pleasure. Does this make your hair stand? Reassure yourself, this is only an hypothesis.

One would then be as free as the other. There would, indeed, be a law in the code, but this law, impartial and just, would not infringe our liberty, but would guarantee it, and it would take effect only when we sought to oppress each other. There would be officers of the law, magistrates and police; but they would only execute the law. Under such a state of affairs, suppose that you owned an iron foundry, and that I was a hatter. I should need iron for my business. Naturally I should seek to solve this problem: "How shall I best procure the iron necessary for my business with the least possible amount of labor?" Considering my situation, and my means of knowledge, I should discover that the best thing for me to do would be to make hats, and sell them to a Belgian who would give me iron in exchange.

But you, being the owner of an iron foundry, and considering my case, would say to yourself: "I shall be obliged to compel that fellow to come to my shop."

You, accordingly, take your sword and pistols, and, arming your numerous retinue, proceed to the frontier, and, at the moment I am engaged in making my trade, you cry out to me: "Stop that, or I will blow your brains out!" "But, my lord, I am in need of iron." "I have it to sell." "But, sir, you ask too much for it." "I have my reasons for that." "But, my good sir, I also have my reasons for preferring cheaper iron." "Well, we shall see who shall decide between your reasons and mine! Soldiers, advance!"

In short, you forbid the entry of the Belgian iron, and prevent the export of my hats.

Under the condition of things which we have supposed (that is, under a regime of liberty), you cannot deny that that would be, on your part, manifestly an act of oppression and spoliation.

Accordingly, I should resort to the law, the magistrate, and the power of the government. They would intervene. You would be tried, condemned, and justly punished.

But this circumstance would suggest to you a bright idea. You would say to yourself: "I have been very simple to give myself so much trouble. What! place myself in a position where I must kill some one, or be killed! degrade myself! put my domestics under arms! incur heavy expenses! give myself the character of a robber, and render myself liable to the laws of the country! And all this in order to compel a miserable hatter to come to my foundry to buy iron at my price! What if I should make the interest of the law, of the magistrate, of the public authorities, my interests? What if I could get them to perform the odious act on the frontier which I was about to do myself?"

Enchanted by this pleasing prospect, you secure a nomination to the Chambers, and obtain the passage of a law conceived in the following terms: