Page:What is Property?.pdf/318

 and by this sentence from the dying words of Jacob (Gen. xlviii.), which the Jews apply to David, and the Christians to their Christ: Manus ejus contra omnes. In our day, the robber—the warrior of the ancients—is pursued with the utmost vigor. His profession, in the language of the code, entails ignominious and corporal penalties, from imprisonment to the scaffold. A sad change in opinions here below!

We rob,—8. By cheating; 9. By swindling; 10. By abuse of trust; 11. By games and lotteries.

This second species was encouraged by the laws of Lycurgus, in order to sharpen the wits of the young. It is the kind practised by Ulysses, Solon, and Sinon; by the ancient and modern Jews, from Jacob down to Deutz; and by the Bohemians, the Arabs, and all savage tribes. Under Louis XIII. and Louis XIV., it was not considered dishonorable to cheat at play. To do so was a part of the game; and many worthy people did not scruple to correct the caprice of Fortune by dexterous jugglery. To-day even, and in all countries, it is thought a mark of merit among peasants, merchants, and shopkeepers to know how to make a bargain,—that is, to deceive one’s man. This is so universally accepted, that the cheated party takes no offence. It is known with what reluctance our government resolved upon the abolition of lotteries. It felt that it was dealing a stab thereby at property. The pickpocket, the blackleg, and the charlatan make especial use of their dexterity of hand, their subtlety of mind, the magic power of their eloquence, and their great fertility of invention. Sometimes they offer bait to cupidity. Therefore the penal code—which much prefers intelligence to muscular vigor—has made, of the four varieties mentioned above, a second category, liable only to correctional, not to ignominious, punishments.