第 13 节
作者:
猫王 更新:2022-04-16 12:11 字数:9322
for labour; and who thinks only of enjoyment。 The national interest; however。 sometimes also requires that property itself shall pass into hands likely to make a better use of it。 It is not for themselves alone that the rich elicit the fruits of the earth; it is for the whole nation; and if; by a derangement in their fortune; they suspend the productive power of the country; it concerns the whole nation to put their property under different managers。 Personal interest is; indeed; sufficient to bring about this transmission; provided the law offers no obstacle。 When a soldier comes to inherit a machine for making stockings; he does not keep it long; in his hands; the machine is useless for himself and the nation; in the hands of a stocking…maker it would be productive; both for the nation and the individual。 Both feel this; and a bargain is soon struck。 The soldier receives money; which he well knows how to employ; the stocking…maker receives possession of his frame; and production recommences。 Most of our European laws respecting immovable property; are like a law made to hinder the soldier from parting with the frame; of whose use he is ignorant。 The value of land cannot be unfolded; except by employing a capital sufficient to procure the accumulation of that labour which improves it。 Hence; it is essential to the very existence of a nation that its land be always in the hands of those who can devote capital to its cultivation。 If it were not in any case allowed to sell a workman's implement; it would not; certainly; at least; be forbidden to make new ones for the use of new workmen; but new lands cannot be made; and so often as the law prevents the alienation of an estate by one that cannot use it; so often does it suspend the most essential of all productions。 The systems of cultivation; which we have now glanced over in review; certainly cause the earth to produce; by the hands of temporary cultivators; when the permanent advances have been made; but they absolutely discourage such cultivators from making those permanent advances which; as they give a perpetual value to property; cannot be laid out except by those with whom that property is destined to continue。 Legislators in general; altogether occupied with preventing the alienation of immovables; and preserving great fortunes in great families; have dreaded lest such an alienation might clandestinely be brought about by a lease; for a long term; and without return。 They have eagerly attempted to defend the rights of proprietors against proprietors themselves; they have guided that class of people by forfeits and resolutory clauses; they have fixed upon a short term for farm leases; they seem continually repeating to the cultivator: 〃This land; on which you work; is not yours; acquire not too much affection for it; make no advances which you might run the risk of losing; improve the present moment; if you can; but think not of the future; above all; beware of labouring for posterity。〃 Besides; independently of legislative errors; it belongs to the very nature of a farm lease never to allow the farmer to take as much interest in the land as its proprietor。 It is enough that this lease must have an end; to induce the farmer; as this end approaches; to care less about his fields; and to cease laying out money for improving them。 The metayer; with smaller power; at least never fears to improve the land committed to him as much as possible; because the conditions of his lease are invariable; and he is never dismissed except for bad behaviour。 The farmer; again; is liable to be dismissed directly in consequence of his good management。 The more he has improved his farm; the more will his landlord; at renewing the lease; be disposed to require an augmentation of rent; and; besides; as part nf the advances laid out by the cultivator; on the ground; create a perpetual value; it is neither just nor natural that they should be made by one whose interest is merely temporary。 The farmer will carefully attend to the fields and meadows; which; in a few years; are to give him back all his advances; but he will plant few orchards; few high forests in the north; few vineyards in the south; he will make few canals for navigation; irrigation; or draining; he will transport little soil from one place to another; he will clear little ground; he will execute; in short; few of those works which are most conducive to the public interest; because they found the wealth of posterity。 None of those labours; on which the increase of the whole national subsistence depends; can be undertaken; save by a proprietor; rich in movable capital。 It is not the preservation of great fortunes that concerns the nation; but the union of territorial fortunes with circulating ones。 The fields do not flourish in the hands of those who have already too much wealth to watch over them; but in the hands of those who have enough of money to bring them into value。 Territorial legislation ought; therefore; without ceasing; to strive that movable capital be united with fixed; property which we call personal with property which we call real。 Legislation; over almost all the world; has striven to do quite the contrary。 And first; it were always for the national advantage; and favourable to the increase of its production; that the proprietor; whenever his fortune is embarrassed; should sell his property; instead of borrowing on it; yet; on the contrary; facilities have been held out to him for borrowing; rather than for sale。 A particular system of law has been created for territorial debts; marked differences have been established between real and personal property; the rank of creditors on land has been regulated according to their date; whilst an absolute equality prevails among creditors of all dates; who claim only on movable property。 And thus thousands of law…suits have been created; interminable difficulties have been started; and the time is almost come when half the lands of Europe are possessed by a people who far from possessing the power to dispose of a capital that might increase their productiveness; on the contrary; are debtors by a pretty large capital; which they cannot extract from those funds。 Hence those embarrassed proprietors have incessantly had recourse to ruinous expedients not to put money on their lands; but to take it off; to borrow of their farmers; to diminish the funds of cultivation; to sell their woods; and deteriorate their estates。 If the law had given no preference to territorial creditors; if; on the other hand it had given as much facility to a creditor for selling an immovable property; as for making seizure of a movable one; especially; if; in protecting personal liberty; sacrificed too slightly; it had permitted lands to be sold as often as it now permits the debtor to be put in prison … most old debts would be extinguished; and those immovable possessions; which ought to support the nation; would be in the hands of such as could force them; by capital and labour; to furnish the means of subsistence。 But the props lent to the pride of family by entails; fideicommissa; primogenitures; and the laws invented to hinder families in a ruinous condition from selling their property; have still further impeded the development of agriculture and industry。 The legislator aimed at fixing fortune in great families: he has fixed beggary and want in them。 On pretext of securing the patrimony of children; he has forbidden the heir of entail to sell or borrow with a sufficient security to his creditors; but he could not hinder him from going to ruin; and overwhelming himself with clamorous debts。 In that case; even the care of his honour; the feeling of justice; and his own security; oblige him to employ all the resources of his mind; all his industry in destroying his patrimony; that he may obtain the disposal of what law has reserved to his heir。 Whatever produce he can detach from the ground without replacing it; whatever advance he can dispense with laying out; is; in his eyes; just so much profit; and Europe has come to see the proprietors of noble estates; almost everywhere; the enemies of their property。 At the same time; if the legislator's object was the preservation of families; he has failed in this object; because entails condemn all the sons of a rich family to idleness; the elder out of pride; the younger out of inability。 The system has proscribed all from industry; the sole mean of increasing property; whilst it leaves them subject to all human chances; which never cease to attack whatever is ancient; and which must always; in the end; destroy whatever opulence is not renewed。
Chapter 4
Of Commercial Wealth
By labour man drew his first wealth from the earth; but scarcely had he satisfied his primitive wants; when desire made him conceive other enjoyments; not to be obtained without the aid of his fellows。 Exchanges began。 They extended to whatever had any value; to whatever could produce any; they comprised mutual services and labour; no less than the fruit of labour; and gave room to the formation and increase of a new kind of wealth; which was no longer measured by the wants of him who produced it; but by the wants of all those with whom he might transact exch