Already the father of two children, and about to be presented with a third, Proudhon was obliged to devise some immediate means of gaining a living; he resumed his labors, and published, at first anonymously, the "Manual of a Speculator in the Stock-Exchange." Later, in 1857, after having completed the work, he did not hesitate to sign it, acknowledging in the preface his indebtedness to his collaborator, G. Duchene.
Meantime, he vainly sought permission to establish a journal, or review. This permission was steadily refused him. The imperial government always suspected him after the publication of the "Social Revolution Demonstrated by the Coup d'Etat."
Towards the end of 1853, Proudhon issued in Belgium a pamphlet entitled "The Philosophy of Progress." Entirely inoffensive as it was, this pamphlet, which he endeavored to send into France, was seized on the frontier. Proudhon's complaints were of no avail.
The empire gave grants after grants to large companies. A financial society, having asked for the grant of a railroad in the east of France, employed Proudhon to write several memoirs in support of this demand. The grant was given to another company. The author was offered an indemnity as compensation, to be paid (as was customary in such cases) by the company which received the grant. It is needless to say that Proudhon would accept nothing. Then, wishing to explain to the public, as well as to the government, the end which he had in view, he published the work entitled "Reforms to be Effected in the Management of Railroads."
Towards the end of 1854, Proudhon had already begun his book on "Justice," when he had a violent attack of cholera, from which he recovered with great difficulty. Ever afterwards his health was delicate.
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.
Once in Belgium, Proudhon did not fail to remain there. In 1859, after the general amnesty which followed the Italian war, he at first thought himself included in it. But the imperial government, consulted by his friends, notified him that, in its opinion, and in spite of the contrary advice of M. Faustin Helie, his condemnation was not of a political character. Proudhon, thus classed by the government with the authors of immoral works, thought it beneath his dignity to protest, and waited patiently for the advent of 1863 to allow him to return to France.
In Belgium, where he was not slow in forming new friendships, he published in 1859-60, in separate parts, a new edition of his great work on "Justice." Each number contained, in addition to the original text carefully reviewed and corrected, numerous explanatory notes and some "Tidings of the Revolution." In these tidings, which form a sort of review of the progress of ideas in Europe, Proudhon sorrowfully asserts that, after having for a long time marched at the head of the progressive nations, France has become, without appearing to suspect it, the most retrogressive of nations; and he considers her more than once as seriously threatened with moral death.
The Italian war led him to write a new work, which he published in 1861, entitled "War and Peace." This work, in which, running counter to a multitude of ideas accepted until then without examination, he pronounced for the first time against the restoration of an aristocratic and priestly Poland, and against the establishment of a unitary government in Italy, created for him a multitude of enemies. Most of his friends, disconcerted by his categorical affirmation of a right of force, notified him that they decidedly disapproved of his new publication. "You see," triumphantly cried those whom he had always combated, "this man is only a sophist."
Led by his previous studies to test every thing by the question of right, Proudhon asks, in his "War and Peace," whether there is a real right of which war is the vindication, and victory the demonstration. This right, which he roughly calls the right of the strongest or the right of force, and which is, after all, only the right of the most worthy to the preference in certain definite cases, exists, says Proudhon, independently of war. It cannot be legitimately vindicated except where necessity clearly demands the subordination of one will to another, and within the limits in which it exists; that is, without ever involving the enslavement of one by the other. Among nations, the right of the majority, which is only a corollary of the right of force, is as unacceptable as universal monarchy. Hence, until equilibrium is established and recognized between States or national forces, there must be war. War, says Proudhon, is not always necessary to determine which side is the strongest; and he has no trouble in proving this by examples drawn from the family, the workshop, and elsewhere. Passing then to the study of war, he proves that it by no means corresponds in practice to that which it ought to be according to his theory of the right of force. The systematic horrors of war naturally lead him to seek a cause for it other than the vindication of this right; and then only does the economist take it upon himself to denounce this cause to those who, like himself, want peace. The necessity of finding abroad a compensation for the misery resulting in every nation from the absence of economical equilibrium, is, according to Proudhon, the ever real, though ever concealed, cause of war. The pages devoted to this demonstration and to his theory of poverty, which he clearly distinguishes from misery and pauperism, shed entirely new light upon the philosophy of history. As for the author's conclusion, it is a very simple one. Since the treaty of Westphalia, and especially since the treaties of 1815, equilibrium has been the international law of Europe. It remains now, not to destroy it, but, while maintaining it, to labor peacefully, in every nation protected by it, for the equilibrium of economical forces. The last line of the book, evidently written to check imperial ambition, is: "Humanity wants no more war."
In 1861, after Garibaldi's expedition and the battle of Castelfidardo, Proudhon immediately saw that the establishment of Italian unity would be a severe blow to European equilibrium. It was chiefly in order to maintain this equilibrium that he pronounced so energetically in favor of Italian federation, even though