What is Property? An Inquiry into the Principle of Right and of GovernmentProudhon, P.-J. (Pierre-Joseph)
Philosophy
What is Property? An Inquiry into the Principle of Right and of Government
Proudhon, P.-J. (Pierre-Joseph)
Economics; Property
At last, on the 22d of April, 1858, he published, in three large
volumes, the important work upon which he had labored since 1854. This
work had two titles: the first, "Justice in the Revolution and in the
Church;" the second, "New Principles of Practical Philosophy, addressed
to His Highness Monseigneur Mathieu, Cardinal-Archbishop of Besancon."
On the 27th of April, when there had scarcely been time to read the
work, an order was issued by the magistrate for its seizure; on the
28th the seizure was effected. To this first act of the magistracy,
the author of the incriminated book replied on the 11th of May in a
strongly-motived petition, demanding a revision of the concordat of
1802; or, in other words, a new adjustment of the relations between
Church and State. At bottom, this petition was but the logical
consequence of the work itself. An edition of a thousand copies being
published on the 17th of May, the "Petition to the Senate" was regarded
by the public prosecutor as an aggravation of the offence or offences
discovered in the body of the work to which it was an appendix, and was
seized in its turn on the 23d. On the first of June, the author appealed
to the Senate in a second "Petition," which was deposited with the
first in the office of the Secretary of the Assembly, the guardian and
guarantee, according to the constitution of 1852, of the principles
of '89. On the 2d of June, the two processes being united, Proudhon
appeared at the bar with his publisher, the printer of the book, and
the printer of the petition, to receive the sentence of the police
magistrate, which condemned him to three years' imprisonment, a fine of
four thousand francs, and the suppression of his work. It is needless
to say that the publisher and printers were also condemned by the sixth
chamber.
Proudhon lodged an appeal; he wrote a memoir which the law of 1819, in
the absence of which he would have been liable to a new prosecution,
gave him the power to publish previous to the hearing. Having decided
to make use of the means which the law permitted, he urged in vain the
printers who were prosecuted with him to lend him their aid. He then
demanded of Attorney-General Chaix d'Est Ange a statement to the effect
that the twenty-third article of the law of the 17th of May, 1819,
allows a written defence, and that a printer runs no risk in printing
it. The attorney-general flatly refused. Proudhon then started for
Belgium, where he printed his defence, which could not, of course, cross
the French frontier. This memoir is entitled to rank with the best of
Beaumarchais's; it is entitled: "Justice prosecuted by the Church;
An Appeal from the Sentence passed upon P. J. Proudhon by the Police
Magistrate of the Seine, on the 2d of June, 1858." A very close
discussion of the grounds of the judgment of the sixth chamber, it was
at the same time an excellent resume of his great work.
Public-domain text, read in full here on John Shaqi.
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