Various
Chambers's Edinburgh Journal, No. 424 / Volume 17, New Series, February 14, 1852
It seems to be the destiny of France to work out all sorts of problems in state and social policy. It may be said to volunteer experiments in government for the benefit of mankind. All kinds of forms it tries, one after the other: each, in turn, is supposed to be the right thing; and when found to be wrong, an effort, fair or unfair, is made to try something else. It would surely be the height of ingratitude not to thank our versatile neighbour for this apparently endless series of experiments.
Unfortunately, the novel projects extemporised by the French are not on all occasions easily laid aside. What they have laid hold on, they cannot get rid of. We have a striking instance of this in the practice of subdividing lands. Forms of state administration may be altered, and after all not much harm done; it is only changing one variety of power at the Tuileries for another. A very different thing is a revolution in the method of holding landed property. Few things are more dangerous than to meddle with laws of inheritance: if care be not taken, the whole fabric of society may be overthrown. The unpleasant predicament which the French have got into on this account is most alarming—far more terrible than the wildest of their revolutions. How they are to get out of it, no man can tell.
Latterly, the world has heard much of Socialism. This is the term applied to certain new and untried schemes of social organisation, by which, among other things, it is proposed to supersede the ordinary rights of property and laws of inheritance—the latter, as is observed, having, after due experience, failed to realise that happiness of condition which was anticipated sixty years ago at their institution. As it is always instructive to look back on the first departure from rectitude, let us say a few words as to how the French fell into their present unhappy position.
At the Revolution of 1789-93, it will be recollected that the laws of primogeniture were overthrown, and it was ordained that in future every man's property should be divided equally among his children at his death: there can be no doubt that considerations of justice and humanity were at the foundation of this new law of inheritance. Hitherto, there had been a great disparity in the condition of high and low: certain properties, descending from eldest son to eldest son, had become enormously large, and were generally ill managed; while prodigious numbers of people had no property at all, and were dependents on feudal superiors. The country was undoubtedly in a bad condition, and some modification of the law was desirable. Reckless of consequences, the system as it stood was utterly swept away, and that of equal partition took its place. About the same period, vast domains belonging to the crown, the clergy, and the nobility, were sequestrated and sold in small parcels; so that there sprang up almost at once a proprietary of quite a new description. Had the law of equal partition been extended only to cases in which there was no testamentary provision, it could not have inflicted serious damage, and would at all events have been consistent with reason and expediency: but it went the length of depriving a parent of the right to distribute his property in the manner he judged best, and handed over every tittle of his earnings in equal shares to his children. One child might be worthless, and another the reverse; no matter—all were to be treated alike. No preference could be shewn, no posthumous reward could be given for general good-conduct or filial respect. In all this, there was something so revolting to common sense, that one feels a degree of wonder that so acute a people as the French should have failed to observe the error into which they were plunging.
For every law, however bad, there is always some justification or plea of necessity. Besides tending to level the position of individuals, the plan of equal distribution of property was said to be justifiable on the ground that there are more than two parties concerned. Society, it was alleged, comes in as a third, and says to the parent: 'You must provide for this son, however worthless; you must not throw him destitute on our hands; for that is to shift the responsibility from yourself, who brought him into the world, to us, who have nothing to do with him.' This plea, more plausible than sound, had its effect. That an occasional wrong might not be inflicted, a great national error, practically injurious, was committed.
A compulsory law of equal division of lands among the children of a deceased proprietor, may be long in revealing its horrors in a country where the redundant population sheds habitually off. In Switzerland, for example, the evil of a subdivision of lands is marked but in a moderate degree—though bad enough in the main—because a certain proportion of each generation emigrates in quest of a livelihood—the young men going off to be mercenary soldiers in Italy, waiters at hotels, and so forth; and the young women to be governesses and domestic servants. France, on the contrary, is the last nation in the world to try the subdivision principle. Its people, with some trifling exceptions, go nowhere, as if affecting to despise all the rest of the world. Contented with moderate fortunes, inclined to make amusement their occupation, unwilling or unable to learn foreign languages, or to care for anything abroad, and having so intense a love of France, that they will not emigrate, they necessarily settle down in a gradually aggregating mass, and are driven to the very last shifts for existence. Only two things have saved the nation from anarchy: the remarkable circumstance of few families consisting of more than two, or at most three children, any more being deemed a culpable monstrosity; and the draughting of young men for the army. In other words, the war-demon is an engine to keep the population in check; for if it does not at once kill off men, it occupies them in military affairs at the public expense. The prodigious number of civil posts under government—said to be upwards of half a million—acts also as a means for absorbing the overplus rural population.
Circumstances of the nature here pointed out have modified the evil effects of the law of subdivision; but after making every allowance on this and every other score that can be suggested, it is undeniable that the partition of property has gone down and down, till at length, in some situations, it can go no further. The morsels of land have become so small, that they are not worth occupying, and will barely realise the expense of legal transfer. In certain quarters, we are informed, the individual properties are not larger than a single furrow, or a patch the size of a cabbage-garden. A good number of these landed estates—one authority says a million and a quarter—are about five acres in extent, which is considered quite a respectable property; but as, at the death of each proprietor, there is a further partition, the probability would seem to be that, ultimately, the surface of France will resemble the worst parts of Ireland, with a population sunk to the lowest grade of humanity. Perhaps, however, the evils inflicted on society through the agency of subdivision, are mainly incidental. General injury goes on at a more rapid rate than the actual partition of property. From the causes above mentioned, the population in France is long in doubling itself; and the slower the increase, the slower the subdivision. Already, however, the properties are so small, that they do not admit of that profitable culture enjoined by principles of improved husbandry and correct social policy. In the proper cultivation of the soil, other parties besides agriculturists are concerned; for whatever limits production, affects the national wealth.
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