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There are different kinds of property:  1。 Property pure and simple; the dominant and seigniorial power over a thing; or; as they term it; NAKED PROPERTY。  2。 POSSESSION。  〃Possession;〃 says Duranton; 〃is a matter of fact; not of right。〃  Toullier:  〃Property is a right; a legal power; possession is a fact。〃  The tenant; the farmer; the commandite'; the usufructuary; are possessors; the owner who lets and lends for use; the heir who is to come into possession on the death of a usufructuary; are proprietors。  If I may venture the comparison: a lover is a possessor; a husband is a proprietor。

This double definition of propertydomain and possession is of the highest importance; and it must be clearly understood; in order to comprehend what is to follow。

From the distinction between possession and property arise two sorts of rights: the jus in re; the right in a thing; the right by which I may reclaim the property which I have acquired; in whatever hands I find it; and the jus ad rem; the right TO a thing; which gives me a claim to become a proprietor。  Thus the right of the partners to a marriage over each other's person is the jus in re; that of two who are betrothed is only the jus ad rem。  In the first; possession and property are united; the second includes only naked property。  With me who; as a laborer; have a right to the possession of the products of Nature and my own industry;and who; as a proletaire; enjoy none of them;it is by virtue of the jus ad rem that I demand admittance to the jus in re。

This distinction between the jus in re and the jus ad rem is the basis of the famous distinction between possessoire and petitoire;actual categories of jurisprudence; the whole of which is included within their vast boundaries。  Petitoire refers to every thing relating to property; possessoire to that relating to possession。  In writing this memoir against property; I bring against universal society an action petitoire:  I prove that those who do not possess to…day are proprietors by the same title as those who do possess; but; instead of inferring therefrom that property should be shared by all; I demand; in the name of general security; its entire abolition。  If I fail to win my case; there is nothing left for us (the proletarian class and myself) but to cut our throats: we can ask nothing more from the justice of nations; for; as the code of procedure (art 26) tells us in its energetic style; THE PLAINTIFF WHO HAS BEEN NON…SUITED IN AN ACTION PETITOIRE; IS DEBARRED THEREBY FROM BRINGING AN ACTION POSSESSOIRE。  If; on the contrary; I gain the case; we must then commence an action possessoire; that we may be reinstated in the enjoyment of the wealth of which we are deprived by property。  I hope that we shall not be forced to that extremity; but these two actions cannot be prosecuted at once; such a course being prohibited by the same code of procedure。

Before going to the heart of the question; it will not be useless to offer a few preliminary remarks。

% 1。Property as a Natural Right。

The Declaration of Rights has placed property in its list of the natural and inalienable rights of man; four in all: LIBERTY; EQUALITY; PROPERTY; SECURITY。  What rule did the legislators of '93 follow in compiling this list?  None。  They laid down principles; just as they discussed sovereignty and the laws; from a general point of view; and according to their own opinion。  They did every thing in their own blind way。

If we can believe Toullier:  〃The absolute rights can be reduced to three: SECURITY; LIBERTY; PROPERTY。〃  Equality is eliminated by the Rennes professor; why?  Is it because LIBERTY implies it; or because property prohibits it?  On this point the author of 〃Droit Civil Explique〃 is silent: it has not even occurred to him that the matter is under discussion。

Nevertheless; if we compare these three or four rights with each other; we find that property bears no resemblance whatever to the others; that for the majority of citizens it exists only potentially; and as a dormant faculty without exercise; that for the others; who do enjoy it; it is susceptible of certain transactions and modifications which do not harmonize with the idea of a natural right; that; in practice; governments; tribunals; and laws do not respect it; and finally that everybody; spontaneously and with one voice; regards it as chimerical。

Liberty is inviolable。  I can neither sell nor alienate my liberty; every contract; every condition of a contract; which has in view the alienation or suspension of liberty; is null: the slave; when he plants his foot upon the soil of liberty; at that moment becomes a free man。  When society seizes a malefactor and deprives him of his liberty; it is a case of legitimate defence: whoever violates the social compact by the commission of a crime declares himself a public enemy; in attacking the liberty of others; he compels them to take away his own。  Liberty is the original condition of man; to renounce liberty is to renounce the nature of man: after that; how could we perform the acts of man?

Likewise; equality before the law suffers neither restriction nor exception。  All Frenchmen are equally eligible to office: consequently; in the presence of this equality; condition and family have; in many cases; no influence upon choice。  The poorest citizen can obtain judgment in the courts against one occupying the most exalted station。  Let the millionaire; Ahab; build a chateau upon the vineyard of Naboth: the court will have the power; according to the circumstances; to order the destruction of the chateau; though it has cost millions; and to force the trespasser to restore the vineyard to its original state; and pay the damages。  The law wishes all property; that has been legitimately acquired; to be kept inviolate without regard to value; and without respect for persons。

The charter demands; it is true; for the exercise of certain political rights; certain conditions of fortune and capacity; but all publicists know that the legislator's intention was not to establish a privilege; but to take security。  Provided the conditions fixed by law are complied with; every citizen may be an elector; and every elector eligible。  The right; once acquired; is the same for all; the law compares neither persons nor votes。  I do not ask now whether this system is the best; it is enough that; in the opinion of the charter and in the eyes of every one; equality before the law is absolute; and; like liberty; admits of no compromise。

It is the same with the right of security。  Society promises its members no half…way protection; no sham defence; it binds itself to them as they bind themselves to it。  It does not say to them; 〃I will shield you; provided it costs me nothing; I will protect you; if I run no risks thereby。〃  It says; 〃I will defend you against everybody; I will save and avenge you; or perish myself。〃

The whole strength of the State is at the service of each citizen; the obligation which binds them together is absolute。

How different with property!  Worshipped by all; it is acknowledged by none: laws; morals; customs; public and private conscience; all plot its death and ruin。

To meet the expenses of government; which has armies to support; tasks to perform; and officers to pay; taxes are needed。  Let all contribute to these expenses: nothing more just。  But why should the rich pay more than the poor?  That is just; they say; because they possess more。  I confess that such justice is beyond my comprehension。

Why are taxes paid?  To protect all in the exercise of their natural rightsliberty; equality; security; and property; to maintain order in the State; to furnish the public with useful and pleasant conveniences。

Now; does it cost more to defend the rich man's life and liberty than the poor man's?  Who; in time of invasion; famine; or plague; causes more trouble;the large proprietor who escapes the evil without the assistance of the State; or the laborer who sits in his cottage unprotected from danger?

Is public order endangered more by the worthy citizen; or by the artisan and journeyman?  Why; the police have more to fear from a few hundred laborers; out of work; than from two hundred thousand electors!

Does the man of large income appreciate more keenly than the poor man national festivities; clean streets; and beautiful monuments?

Why; he prefers his country…seat to all the popular pleasures; and when he wants to enjoy himself; he does not wait for the greased pole!

One of two things is true: either the proportional tax affords greater security to the larger tax…payers; or else it is a wrong。

Because; if property is a natural right; as the Declaration of '93 declares; all that belongs to me by virtue of this right is as sacred as my person; it is my blood; my life; myself: whoever touches it offends the apple of my eye。  My income of one hundred thousand francs is as inviolable as the grisette's daily wage of seventy…five centimes; her attic is no more sacred than my suite of apartments。  The tax is not levied in proportion to strength; size; or skill: no more should it be levied in proportion to property。

If; then; the State takes more from me; let it give me more in return; or cea

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