THE

-"

NATURAL AND ARTIFICIAL

RIGHT

OF

PROPERTY

CONTRASTED.

A SERIES OF LETTERS, ADDRESSED WITHOUT PER.MISSION, TO If.BROUGHA3I, ,Esq. M,P. F.R.S. &c. (NOW TIIE LORD CHANCELLOR.) BY TItE AUTHOR OF ,c LABOUR DEFENDED AGAINST THE CLAIMS OF CAPITAL."

To discover errors in axioms, or first principles grounded in fae.ts, is like the breaking of a charm. The enchanted castle, the steepy rock, the burning lake, disappear; and the paths that lead to truth, which we imagined to be so long, so embarrassed, and so difficult, shew as they are---short, open, and easy. Belingbrok¢.

LONDON:
PUBLISHED BY B. STEIL, PATERNOSTER ROW,
AND MAY BE HAD OF ALL BOOKSELLERS-

183Z

ADVERTISEMENT.

T_g present letters, except verbal alterations, wexe written in the year 1829, and consequently in ignorance of those political cor.vulsions which have le__the author to think that this is a proper time to publish them. In his opinion, the contest now going on in society, the preternatural throes and hearings which frightfully convulse it from one end to the other_ arise exclusively and altogether from the right of property_ and can be neither understood nor relieved, but by attending to the great distinction he has endeavoured to establish between the natural and the leg-al right of property. Whether .his voice be listened to or not is of trifling moment; but it is of infinite importance to every man to listen to the voice of nature, let who will be its interpreter. To elucidate some vf the following remarks, it is right to add, that the present is only an episode in a larger work relating to criminal law. Le_slators are yet completely ignorant of the first elements of criminal legislation, and the correct and philosophic answer to ttm meaning question, "What is crime. 2'" throws down at one blow the _hole theoretical structure of penal enactments. By a deduction from principles not here enunciated, the author has satisfied himse!f t_at all lawmaking, except gradually and quietly to repeal all existmg laws, is arrant humbug. Such being his weR weighed and long cherished oonviction, he cannot possibly feel any respect for titles, dignities, oYees, individuals, or acts which have and can have no other possible claim to approbatlon_ than the supposition

that le_slation and its consequences are of vital importance to the welfare of society. He is quite aware. Popular displays of popular errors. must be the work of time. and bookseller. much less immediately popular_works of this kind cannot be much read : and therefore. it cannot be immediately understood. that even property is uo_. publis_er. perhaps. which announce a discovery. wi_h the i. as it were. strong expressions and peculiar opinions. generally adopted. He is aware alsoj. biographies. But works unfolding a dawning truth. He t. while he hopes by demonstrating. and because it is a discovery. and of a mightier artist than ever wrote with pen. that books of this description are not and cannot be much read. by experience. of any particular state or condition. drawn up in the form of novels. may contribute to what he thinks so desirable a result. that such a conclusion.as learnt. but he is not without hope. which lay claim to increase the extent of abstract moral science. l-re mentions this circumstance. in order that he may not lo_e a great o° :_ .regulated and determined by human laws. and sell so extensively. that the present and his meditated work. and printed only a small number of copies. should he find leisure and etrcooragement to undertake the publication. pictures of individual life.F . to account for some. or an extension of kno_vledge. that speculations of this kind have no charm for the multitude. pretended illustrations of the progress of society. which is afterwards to become a part of the general stock of knowledge. and copsequently without the taxgatherer. to prepare the mind of the reader to admit the general principle. that society can exist and prosper without the lau'maker. or of these truths which have been long enough known to form a part ef the general creed.rudence of a tradesman and the calculation of a poor man. he has put a large price on this book. as to procure an ample remuneration fer author. may have a strong charm for many readers.ii.

. to be popular with any class. it appeals to reasen . and too ]ud6Ient to inquire diIigently into the ca_:ses u hich are breeght before it. It ex..no._ the judges in that court are fear. to volumes of the "' Library of Entertaining Know]edge.. undoubtedly. and the autl:or ". because all look only tothe law either for |. It flatters co passion*_ It neither proves that" the wealth of the rich is ]n the order of the nature. as to size and price.. however the executioxl may have fallen sho:-t.tioned. It is not likely. or gone _-ide of his intentim_s.ew that it is not intended for the poor.:s destined to find no favonn with any one class. I._um by his speculation. .t_o IlL .l no W-pular creed. The book _il]. 'i'his will. and will be tried by the price of those which are expected to sell to the extent of several thollsand copies.s his prod. Compared. or of the '" Fami." it must appear outrageously high priced. bowever_ sl. and basilig itself o. F]a_ering no popular prejudice.cour.or justifies the desire of spoliation in the poor. conscious of meaning _e]!. Such as the book is. therefore._ction to the mercy of the law and the justice of his com_trymc_n._ges no hopes of _rJd'_ng a speedy remedy for present evi:s.v_. indeed. be compared.'v Library. with nameroDs popular books of the classes lust me_. and seet.rotection or improvement. t[ae author commi'.

.

Dumont is wrong in ascribing a sense of security to le_slation _Vhat is the law!--$Vho are the law makers. secure the wealth of the landowner. the priest.wProofs of its existence at all times and plaees._The quantity of land required to raise subsistence gradually diminishes. tm The law is a great scheme of rules intended to preserve the power of governm2nt.-. 61 FIRTH 76 . and the eapitalist_ but never to secure his produce to the labourer.=ng. FIRST Page. --Blanifold miseries which result from his appropriating the produce of labour. 44 FOraTH.--THw RIGHT OFPaOP__rr is one of these principles. 23 THXRD .--Appropriation of l_nd in Europe False pretexts and real objects of the le_slator. and the foundation of the poliileal edifice. Locke's opinion of this fight adopted and confirmed.--The law-maker is never a labourer. Malthus and his followers.property SECOND .--His Law commission. Locke and Mr.--The _bolJtion of slavelT_ and the rise and progress of the middle classes.--The necessity of inquiry into first principles. Ori_n of the right ofproperty in land_--Changes which it is undergo..--Proof that M..--Important difference of opinion between Mr._Altcration in the right of.--Important principle overlooked by Mr.. Brougham._IHustra_on of the usury laws.. as to the origin of this fight ] Mr. contrary to the legislator's wiU. Reasons for addressing 3fr. Letters.CONTENTS. and from the legal right of property being in opposition to the natural .--He takes no notice of the natural fight of property. Bentham. _Proofs that his real object of preserving his power_ has not been attainecL_I-Ie has failed to secure the superiority of the landlords_ and the legal rights of the clergT. and has no natural right to any wealth.1ts inutility._The revenue of the state.

m The press. forgery. -.: • P ._Illustrafion of Tul'kvy and BHt_in.--The pains and penalties-suffered by the oppressors only adverted to. 105 The existing right of property is guaranteed by opinion." :: !- ciety a natural phenomenon.wAnswer to the statement_ that these doctrines lead to no legal improvement.--It has been shewn that property is not regulated by human laws.raThe sufferings and crimes of the oppressed labourer overlooked. not taws.._All rights are guaranteed by opinion 130 Not intended to go deeply into this subject.--Protection afforded by law against governments.--An example in the time of Athelstan.--Source of the opposite mistake.. men will and necessarily must inquire into the Right of Property. Combe:s description of the present state of society.--The French revolution .--Attempts to abolish _dlleinage on the continent.Illustrations of opinion gllaxanteeing rights._Tenants at will in England and Italy. SIXT_[ Identity of Lord Bacon and Mr._The power which has regulated it in past times must i be trusted in future.--Of forgery.--The Lord Chancellor's attack upon the author. not by law.--Other proofs of this necessity.--Mr. and overtrading..mLast act of legislation. becausc legislation has no influence over natural laws.CONTENTS._Conclusion 147 POSTSCRIPT Change in the situation of theLord Chancellor. 164 .--Of the middle ages.--Souree of the alarm as to property. and reasons for belie._ Fraud.--Changes in Europe.--Examples of the test acts and Catholic emancipation. Locke's philosophy.-Reasons for belie_-ing that his former liberality of sentiment was assumed. and therefore society is not.--So_) SEVENTH[ EmnTa "' _ _: . all result from an artificial right of property.wLaw-makers in establishing a right of property only copy a previous usage.--Property of tradcl_.--In modern Mexico._Domestic rights.-ing _Conclusion it unfounded.--Examples of Peter the Great and Joseph II.wAs they have not led to social happiness.--No le#slative remedy suggested for these evils.

He who has not access to your ear. to oppose you. and the foundation of tile political edifice. I do not confl'ont you however as an antagonist. he cannot be met by a nonsuit. may adopt this method of reaching your understanding. Locke and _lr.LETTER THE FIRST.F. we are bound to aid. &e. The necessity of inquiry into first principles--Tnz Ut61tT Or' PROPERTY is one of these principles. and gives every man in the kingdom a title t6 canvass your proceedings. as to the origin of this right. Esq. Important difference of opinion between Mr. If they are right. you can neitherreject our assistance. To H. His Law commission--Its inutility. Your power rests on your reputation. and pleading" in face of the public. Reasons for addressing Mr.P.S. Bentham. and if wrong. nor escape from our opposition. is the conspicuous manner in which you some time ago stepped forward as a reformer of the law. Brougham. I am merely art . and having assumed the character of a lead6r to conduct us out of the quagmire of law. SIR_ The only circumstance I can allege as an excuse for addressing you. INTRODUCTORY.R. M. BROUGHAM. Every such attempt involves the safety of our property and the security of our persons.

Your motion was founded in error. as your speech justifies. It has been carried forward by the prog'ress of society. _hat you made your celebrated speech on the present s*. because those who have r. you are no doubt by this time satisfied that you were mistaken. 1828." Your motion was only half granted. Tim latter has exteaded and improced more rapidly if:an . though the legislator who always aims at prcservin_ the institutions of a past age. ' . but improvements. the law never was abstractedly so good nor so well ad_. with astonishment. are opposed to improvement: but if you thought that it would produce any good. the general disrepute into which the law has fallen.ate ofthe law. I t'ke'yo ursetf--tt_e welfare of manwto point out some of the obstacles in your path. 1 find. but 1 have set before me a grand object which conceals every thing else from my view. praying that he x:. That I may add to the confusion. _hat the law was once appropriate and excellent. in the laws. who wish. and to suggest that it does not lead to the firm ground and pleasant fields we desire to reach.2 i n qu i rer. Time has not occasioned defects. has nt_t suffered the laws to keep pace with society. and into the measures necessary for removing the same. and makes me indifferent whether I promote your views or lessen your fame. Youthen moved "That an humble address be presented to His Majesty.-i. It implies. except. on looking" back at dates.in!stered as in the reign of George IV.mre power than you have. many voices now vociferating different counsel--ls not improbable. that it was so long ago as February 7th._l be graciously pleased to issue a commission for inquiring into the defects occasioned by time al_d vtherwise in ihe laws of this realm. havin$ at h cart. conlrary even to the tenor of same of your arguments. I ll-adapted as it is to the present state of society.

of which he alone is the author. Sir. or you wished. substantial good. that of steady progression in improvement. the vital principle of society which distinguishes it from every other part of the ealthly creation. ere long. and I shall explain .3 the former. to mystify mankind and cherish their veneration for the ignorant legislator. prevents time from corrupting laws as it destroys neglected buildings. A motion founded on such an error can be of no benefit except to the commissioners appointed to inquire and report. suggesting the important truth that" your laws have not regulated its course. carrying with iL all that pertains to it. like other law makers and law interpreters. They serve to foil public indignation. and do not preserve social order. and conceive the law. That they will lead to any. and blunting the appetite for reform. like th_se that have already passed away--like monachism and the trial by ordealmbecome the mockery and scorn of mankind. by ascribing follies. Either your motion was founded on a mistake. turning it aside. It has out-run and out-grown all the cunning political devices of men. teaching us that the institutions which are now supposed to be wis_ and which the lawgiver struggles to make consistent. which has always been acknowlegedly mischievous in practice to be admirable in principle. can only be believed by those who deny lhe authority of experience. Should their _ecommendations be useful. merely substitute the hope of improvement for impatience under legal vexations. they will hardly be carried into effect for two or three generations . and in the mean time such pompous investigations into evils of which men have a practical conviction. will. to a pure abstraction. I am disposed to think that the inquiries and recommendations of your commissioners are more likely to do harm than good.

"* He adds that "they are to be the mast (the only) successful statesmen who paying all due regard to past experience. eloquent language. Mr.4 why I think so. did from the search after truth. every law promoter.s. and in an enlightened anticipation of the future history of mankind. theflrst step ought to be. every law maker. obtained for him a greater reputation as a philosopher than he deserved. as he frequently. Vat.'" lte had previously said that "it is easy for the statesman to form to h]mself a distinct and steady idea of the ultimate objects at which a wise legi. and every statesman.tge 251. 2at e'. Brou_ham's speech on the preseat Law. Dugald Stewart remarks that "in order to lay a solid foundation for the science of politics. turning away dismayed."t You admit. Mind. and to foresee that modification of the social order to which human affairs have of themselves a tendency to approach. p 109. because he was afraid. of its consequences. Your late friend and preceptor. p._Attthentie edition. Stewart. whose bland manners. and humane disposition. like many other purblind. that society has a course of its own** which le_slation is compelled to follow. by state of the I [ .lator ought to aim. Stewart. search for the rules of their conduct chiefly in the peculiar circumstances of their own times. must do mischief who does not frame his enactments by an "enlightened anticipation" of that course in future.L + Ibid.--Mr. timid mortals. and what are the principles of legislation necessary for maintaining it. Sir. Every new law must of necessity be injurious which is not adapted to "that form of society which is per* Elements of the Philosophy of the Iluman Mr. to ascertain that form of society which is perfectly agreeable to nature and to justice. I.

may perchance endeavour to bring our anomalous law into accord with the prevalent feelings of the ag'e" but their respect for it will not allow them to go so far as even present eimeumstances dictate. that they are so well ae luainted with what the law is. * Mr. --some trifling' discrepancies of detail--and they will assume as correct that principle which science teaches to be an error. and they will contribute to perpetuate it.* Their recommendations I take it. forgetting" the details of their profession. profoundly attached even. by pruning away some of its most revolting consequences. and in obedience to public opinion. and this may be said of all lawyers. men profoundly versed in all the technicalities of eonveyancinff." Among" these gentlemen 1 do not recognize one who has made the principles which regulate the progress of society the object of his study. Under the influence of circumstances. I believe. There is one means indeed by which they may do good. of the most dignified members of the Bench and the Bar_ as well of the meanest of our species. and even fashions the minds. As far as their authority can go. John Campbell is reported to have said of Lord Eldon. They are." Every one ofyour commissioners then must work evil if he have not a distinct and steady idea of the "ultimate objects at which a wise legislator ought to aim. to those technicalities which are to them a means of attaining" reputation and wealth.: i _ : ' feetly agreeable to nature and justice. they will recommend the continuance of error. it is to be apprehended. will only g'o to amend some of these technicalities. All men are instinctively obedient to publie opinion. men of detail. that they have no con° eeption of what it ought to be. but among them there is not I believe one philosopher. your commissioners. . The force of circumstances operates upon all mankind. It influences the sentiments.

have you in the course of these thirty years once examined the first principles. will only be so many additional noxious statutes imposed on mankind by authority. Stewart." to use the language of Lord Bolingbroke. t. to be swept out of existence at the first convenient opportunity. in relation to the natural laws which Eve birth to society and carry it onward to perfection. But being convinced of this important fact. and that it is the highest duty of the le_slator to study that course.6 and still less will their recommendations be gu ideal by an enlightened anticlpation of the future. with an absolute indifference of judgment and with a scrupulous exactness? With the same that you have employed in dealing with the various consequences drawn from them.2 Or if you have looked now and then Since the observations of the text were written. and ascertain the laws which guide it. They recommend the tinkering up of some of the defects of the law."legislation. "l'hese_ the ¢ommissioner-_--goodeasy men--take for granted. that you are already satisfied of this important truth. "and deceive neither yourself nor me. have you ever examined the first principles o_. The laws enacted by their advice. and you are well aware--though you have praised them--that they do not falsify my pre:lictions. but they throw no light on its principles. and fundamental facts on which all these questions depend. . which 1 have just referred to.* I might quote many other authorities besides your own and that of Mr. the commissioners have published t_vo reports. but I am convinced by the passage of your speech. before he frames new statutes. and the different opinions about them? Have you not taken principles for granted in the whole course of your proceeding. Have you. and l know that you have a high respect for the authority of your late venerable teacher. to prove that society has a coarse of its own.

and the duty of punishing poachers. all this fretfulness and feverishness of change. from your multifarious pursuits. wl:o by performing sundry mechanical evolutions. your answer must be in the negative--what assurance can even you supply. not to satisfy any doubt. the public honours as the legislature of this coun'..." with one . . who are minutely acquainted with horses and dogs. as I am at_aid. that treasury clerks.ry. with good living. do you believe that the bankers and merchants. whose tive_ are passed amidst the frivolous dissipation of London and Paris--do you believe that the members of the motley group. and on the great i_terests they continually try to model after their i..! 7 on the state of the proofs brought to maintain them. though you have sometimes left politics and law to court philosophy. have you not done it as a mathematician looks over a demonstration formerly made. and other remedies for legal errors. and Study. will not be suffered in vain ? But if you have not s_udied the natural principles which regulate society. to refresh his memory.With one or two exceFown image of perlbctto " n'_ tions. will not in a few months or years be required? What ffqarantee can you give us that all this expense. They believe that it is held tog-ether by the * "Of the true use of Retirement o. have meditat(d night and day on these principles. they are so ignorant that they have yet to learn the existence of any natural laws regulating sotieD.which. when collected at Westminster._* If. that another costly commission. come at length to sit on the treasury benches--that captains and colonels who are great at manceuvring a ship or a regiment_that lords of the bed-chamber. whose lives are passed in a counting--house--that country gentlemen." lwo verbal a!!era':ons.

The more they botch and niend. they invariably find that the call for their labours is continually renewed. have they been examined by the practical lawyers engaged in the commission. Knowing nothing of natural principles. more extensively mischievous than the Moloch of antiquity? For the pul_lie there is much excuse. how is it possible that our tinkering mode of making laws. they have no time for deep investigation .8 statutes at large. arrogantly claim to govern and instruct them. Continually occupied in providing for their own animal wants. who. if individual man be the noblest ) . If the legislature have not examined these principles. Never was the conviction so general that the laws must now be extensively altered and amended. they seem to fancy that society--the most glorious part of creation. repeating their tasks session after sessionmactively as they multiply restrainls. at least. making three or four hundred laws per year.together the links which time is eontiliually snapping. the more numerous are the holes. and they know no other laws which influence its destiny than those decreed by themselves and interpreted by the judges. merely fastening . and the craving wants of the state. Rapidly therefore as the gentlemen at Westminster work. though. or add patch after patch. whose whole soul is engrossed by the details of their profession? Has this work been done even by the public. can adapt our corroded and worn-out system to the future form and condition of society? Never were the discrepancies between the state of the law and the condition of society greater than at present.who eagerly call for new regulations and who worship an idol under the name of law. If neither the public nor the legislature be acquainted with the ultimate objects at which the latter ought to aim. as ignorant as themselves. and they are only to blame for relying implicitly on others.

Look for a moment at tne consequences of the legislature being ignorant of the principles by which it ought to make laws. like the fertilizing waters of the earth. that one is overloaded with business while another has nothing to do.9 of animals--derives its life and strength only from them. but for the large shield of the public press which the law has in vain endeavoured to break. withers the heart of the land. "that justice can rarely or never be attained. or setting" out from an erroneous one. though shining" and sparkling with promise. that there are different laws for different persons. The law. 1828. that has never since been revised. we must g'o to the fountain head. that principles and practices are in opposition. is a two-edg'ed sword ot craft and oppression." and as the sum of a mass of incongruitms. To remedy these monstrous evils. that pleadings are inconsistent and incomprehensible. State of the :_ : _ . delivered February 7th. would hack society asunder. To stop the flowing" of the volcanic and sulphureous stream. paying no regard to principles.which. vitiating the whole social compact we must be_n at first principles. whom they must dandle and foster into healthy existence. we are now lost in a vast wilderness of fictions and absurdities. Convinced. I merely turn to the heads ofyour speech. but while they are scheming how to breed and clothe their pretty fondling--lo! it has become a giant.instead of being "the staff of honesty and the shield of innocence." Because we have continually altered our laws piecemeal. that * Mr. Brougbam's Speech on the Present Law."_ which. They regard it as a baby. and I find "' the courts are in conflict with each other. by the every day practices of our legistators. whom they can only control as far as he consents to wear their fetters.

n'_nualJy and vainly try to modify res_lts. his instincts.l animals_have _o other object than the preservation and welfare ofthe individual. He would blush to ap- . that both indolence and vanity combine to make the law-o'iver act before he understands. quire. no longer than he guides his conduct by the natural principles to which society owes its rise. If any of those instincts had for their object the welfare of society. and is quite as blind. therefore.xinced by the pr. l am aware. and so much more flattering to self-love to dictate than examine. before he tries to bind society down to his own short-sighted views. must insist that the leg. Self-interest. The le_slator is probably afraid that inqniry might lessen his authority. though they c'). I. Ulffor:u. indeed. by any demands for previous inx'estigation. he grcbs forward under the influence of his passions and animal instincls. l_is desires_like those of a'. and cop. that nothing is more irksome to legislators thaz_ to stop them short in their career.esent state of the law that they cannot begin the study too soon. progress. Ite takes no comprehensive view of society. for o:m. his passi )ns.tion of social instincts be made manlIest. "l'nE RIGHT OF PROPERTY--some Of the cons::qucnces of which are now and()r_oinff investigati.mtcly for his t_re_en:.nd shorter to decree than in-. It is so much easier v..iol_s._n by two sets of commissioners.10 they never study fir::t priaciple. Till.slat or is bound to inquire into the natural laws whieh regulate society. like the mole._. too. and con tinued existence. and he will command their respect and obedience. should now dictate inquiry: for mankind are every where becoming" the critics of his actions . some inearnv. I shotlld join the crowd and huzza bim on. I proi_ose to call your attent on 1o one of those pri_teiples.

so that you may have a rough notion that soeiety is to go on increasing in people. and ":n knowledge. into the present ? It is a line withoutbreadth_the negation both of the past and the future--one of which passes into the other. but what shape that increase is to take. and it is not. He may be too apprehensive of learning that his power is not quite so beneficial as he wishes to believe it. then. it will call into existence--what ne_ trades. how rapid is to t e the progress. and a fraud on their understandings.!1 : pear ignorant of any thing before other men. inquire into what ? Into the past condition of society? Le_slators would not surely make laws for that. is adverse to the principles of legislation . the future. or the present._ There are no means for conducting the inquiry with success "/'he progress of the past may east its shadow before. indeed. Will legislators inquire. with all the fillings-in of the picture to the. might say. and what are to be the new relations. Inquiry either into the past. A philosopher. will be formed what is the precise outline society will assume. as they always have done. to which laws ought to be adapted. and before you can make your laws to catch it. must necessarily make the whole business of legislation appear in its true character to mankind----a mockery of their interests. extraordinary that legislators should decree. without previous investigation. cannot possibly be known: and inquiry into them. in wealth. and opinions. while you are talking" of inquiring. may ari_e_what new habits. Although I am convinced that all legislation = : : : _ : :: _ • • . most minute touches . He may be aware that inquiry would strike at its root. manners. customs. both anaong" individuals and among nations. as it has increased in past time.with a view of making laws to accord with them. therefore. what new arts.--all these things. Into thefoture condition of society.

"_" L'idee de la propri6ta consiste darts une attente 6tablie. in the state of nature. we have Mr. Wherever the right of property is placed on a proper foundation. Civil Government. yet I have no intention. Dumont to express his opinion in these words_" Pour mieux sentir le bienfait de laloi.-Moreover. on this occasion." I am contented with a far humbler task. freedom cannot exist. however. till all the natural princlples which govern society be investigated. I aim not at laying "a solid foundation for the art of politics. . of extending my researches so far.4." by ascertaining all the principles of legislation necessary to maintain "that f_rm of society which is most agreeable to nature.12 must be injurious. cherchons _ nous faire une id6enette de la propri6t6. Nous verrons qu'il n'y a point de propri6te naturelle. there are many things wanting. you are aware. for whose authority you also profess great respect. ii. See Mr. and putting themselves under government. dans la persuasion de pouvoir retirer tel ou tel avantage de la chose selon la nature du cas. is the preservation of their property. to which.t A yet living writer. is of vital importance. tells M. Political orffaMzation depends very much on the mode in which property is distributed. _' De Offic. Lib. cap. p 19. qu'elle est uniquement l:ouvrage des lois. 2l._ Mr. Locke's authority for saying --others._N'ote to _a#e 84. and mean to tontine my remarks to one only of these natural principles. That one. with all its hateful consequences. Bentham. nor justice be administered. is unknown:--wberever this foundation is rotten. as Cicero. slavery.* having" said the same thing" before---" That the great and chief end of men'_ "uniting into commonwealths. and to one only of the branches of le_slation. Brougham's _peech.

says Mr. 9. Otez les lois toute p.'opribtk cease "* The vast importance of the right of property. l. cette attente. or * Traitt_s de l._. is also expressed in this passage..I 13 Or. point de propriktk..ti a formb l'amour de la pattie et celui de la posteritL Jouir promptement._ M. C'est ee desir qui est terrible. Mill. shews distinctly that in their opinion the right of property is the key-stone of society. _ . page 18'_.egislation_Tom.ha ed. which has been adopted by several authors of distinction. que sur la promesse de la loi qui me le garantit. is to make that distribution of the scanty materials of hat. pines. which would ensure the greatest sum of it to the members of the eommunity. voil£ ]e desir universel des hommes. jouir sans peine.." "La propribtb et la loi sont n_es ensemble et mouront en semble. preventing every individual or eombination of individuals from interfering with that distribution. Mill's writings. eette persuasion ne peuvent gtre que l'ouvrage de la ]oL Je n6 puis compter sur la jouissance de ce queje regarde comme mien. puisqu' il armeroit tous eeux qui n'ont rien eontre eeux qui ont qnelque chose. " : _. not naturally his own. qui a fait cesser la vie errante des peuples. Bentham's opinion. "C'est ce droit qui a vaineu l'aversion natureile du travail. Dumont's "'Je regarde comme mien" obviously applies to that which he now regards as his. which is. q. to be obtained through government as the means. page 179."t The benefits here ascribed to the right of property as ereated by law. are much exaggerated . Mais le droit qui restreint ee desir est le plus beau triomphe de l'humanit6 sur elle m_me. Avant les lois. as well as the one I shall now quote from Mr. but the passage. probably.. in Mr. qui a clonn6 _t l'homme l'empire de la terre. " The end. -I"Ibid. taken altogether.

_ Ihat a man has a share without the government makin_ the (list. this right is now of pre-eminent importance.:tmtrt_ ). Locke.nplie. that he like Mr. . ..'ibulion. but avarice and profusion are yet unchecked . but though we go not this len_h.v-scrtveners. that in practice. Great generals or great inve_tors.as to the importance.egrowth of humanity. and the contest.u will find to De important. and the general hatred of oppression. and conquer nothing" but the pockets of tl. the lead in the aft'airs of government.'. a_(I with refer. as in the olden times. is simply who shall have most riches._'" llisJ share.pp!ement to the Eneyelopre(lia Brltanniea.. :e to that geatleman's opinLns '_. * Article Government in the S. of the great principle 1 call oh you to examine. the general love of liberty. but many . _ays that the object of tile social union is "to secure to the weak their share of the good things of life ..14 rna_king any man to have less than his abate. Throughout Europe there is a contest between governments and d_eir subjects .'xtortioners. in discussing" the right of property we should discuss all the principles of society . prevent _he existence or any odious and re_olting cruelk_"in a. There are _. no longer take. Our leaders invent nothing but new taxes. I would ask. is its object? Tl_.eory." I lake it. a very ig'noble one." also written by this gentleman for the Supplement to the Encyclopaedia Brittanica. i. but only as to the importance. as well as in tl'.but mone. eir subjects.o heroes on the thrones of Europe. and what. 3"he slightest observation too must satisfy you." and he actually describes all rights as consisting in "the shares of good things allotted by the legislator.'* You will lind in the article "Jurisprudence.y part of Europe." If we were to adopt his opinions to the fullest extent. we cannot doubt the general accuracy of his views.

to terrify the vulgar. and the ravings of imolerant fanatics will die away unnoticed at. be pregnant with more important results_ The right of property.. and tl_e noble fleeces the peasant. all relate to wealth. between classes. hurling princes from their thrones._. • i i . in the form of a smuff_-ler. who fills and sustains all. is y th e case governmen ts it and r sub case between different classes of the people. the squabbles of party politicians. you may be sure. When jteers ou will between readily b elieve that is thei also the his . will. it needs no prophetic vision to foretel. he makes searching demands on our pockets. in the name of which the priest fleeces the people. The peasant hates the noble. born of the barbarous fancies of a cruel and barbarous people. in truth. if there were no tithes..M unheard. and while tile priest holds up the idol-god of a foreign and a despised race. no hierarchy. The priest grasps at and thinksof it alone. because the one desires to keep and the other to get wealth. while he holds up his idol-god . efore which. who spreads life and happiness throughout creation but a malicious and revengeful being. and between subjects and their rulers. that no topic can in practise. wbieh is now arming the land-owner and tile capitalist ag'ainst the peasant and the artizan. on the frontiers and shores of king° doms--whether it be simply heard in a demand lbr a reduction of taxation. no splendid colleges to be sustained. sub_bect of contention for this and tl_e next generation . As the contests between individuals. for the God of onr priests is not the God of nature_not that great Being. whether it br_k out into open rebellion or ghde into notice.15 _'i _!i _ :: : ii i The co_-st now _o. is merely a contest to obtain wealth. If he did n-t. no man would trouble himself either to uphold or gainsay the dogmas. be the one great. or come in tho thunder of popular indignation.

find out in what it consists. to enforce them. a right of property be altogether the creature and work of laws. they put themselves under government. Before he takes any steps to protect the right of property. ftmdamentaily and totally. Locke. as the le_slator seems to suppose." or create such a right. Locke's principles. that the right oi" property is altogether the work or creation of the legislator. all its results will be determined. if it be a principle of society. Property therefore. Dumont. in enforcing the laws of . they differ from him. Mill says. on Mr. Mr. agree with Mr.IG But though the _Vestminster philosophers. not created by legislation. and the legislator ought to ascertain these results. both Mr. at all times. hy those laws . derived immediately and directly from the laws of the universe. Locke. existed antecedently to government. making it the basis of the political edifice. " the end of government is to make a distribution of wealth. lf. describe the right of property to be the offspring of law. One system looks oa the legislator as an ally. Locke lays it down. that the preservation of property is the object for which men unite into a commonwealth. ha must. according" to Mr. Dumont expressly says. as to the origin of this right. he may at all times determine all its consequences. Ifa right of property be a natural right. This difference of opinion is pregnant with momentous consequences. before he dreams of making decrees. and you also. in attributing to the right of property the utmost importance. Mr. On the contrary. Mill and l_i. M. For this purpose. He will have no occasion to inquire into any circumstances foreign to his own enactments _ he will only have to frame his decrees with logical accuracy from the principles he lavs down. or the law. on the other hatid. and government was established for the protection of an antecedently existing right of property.

encumbering a portion of the mind of society which might. of which I am afraid neither you nor the world in general is aware. called the system of Mr. A more important difference of opinion cannot exist. makes it necessary to illustrate and enforce that of Mr. without noticing its absurdity. The materials of this vast building. Locke's view is. but for these errors." to Morals and aspire .to be legislators . the whole of that unsightly fabric tumbles valueless to the ground. that no other edifice can be constructed out of them . its crabbed deductions from false premises-are of such a rude and uncouth description. Ben= tham's opinion. and never inquire into the laws of nature. Mr. . the rights of man are derived from the legislator. and when once the foundation is removed. the latter is by far the most Practical men universally adopt it. for they always decree. Bentham's " Introduction '" Trait_s. i i_ t_ I! _ i __ i_ ! _ i i . to do which he must know them. Locke. though at present among" legislators.--and which being removed. that all 1 cannot. pass by the opinion. • and they look on caactments as determining the welfare and destiny of mankind. which in fact it_ authors do in express terms. in so far as it is limited to asserting that a right of property is not the offspring of legislhowever ation. and those whoprevalent. The prevalence of Mr. more correct than Mr. have borne the choicest fruits. the other denies that there are any such laws. there they will lie till time sweeps them away. Bentham. Bentham's. and M. w See both l. or served for the erection of a splendid temple of truth.egislation" Mr.17 nature. Either principle lies at the very foundation of the whole political edifice. This is the main principle---the incorrect and insecure foundation of all the logical consequences. Dumont's . in my opinion.

though he has enfo"ced them by all the means at his c_-r. of rights and duties.i._which have at all time_: over-ruled lhe decrees of the law-giver._ we call domestic. carryi_ with it the little rivulet of legal rights he in vain endeavours to force in a different direction :---without referring" to authorities to show '" that the law on which right and wrong depend is older tban the ages of nations. with thei. that the idt_as men l."--. whenever that can be done.--such as lho. the great stream of o. by some of the deductions from Mr. ha.]B Wilhont attempting to describe the vast nnmber of rights. and v_o!ated without the least remorse." correspond° ing dulies. shewing dz_ i:. by friends and neig'hbours. Bentham's favouri:e dogma. was.ctly that he does not create. tlmt no principle. by wives and husbands. which sp_._._sfrom a higher source than his decrees.s being only obeyed of necessity.--as.o person:. and even by strangers and en_'mies. which. are mutually recognised by parents a_d ch. 1 shall confine myself to briefly provin_. and which. snch as those said to be dictaicd b. and has not created. ever embraced by a thinking" man. snch as those prohibiting" certain branches of traffie. and is contemporary with the very eternity of God.'e completely failed to create in men al_. of the right ofone man '.l freedom. and of the duty of another na_ _o make him a slave.qmaud. more mcnstrously absurd. ._' humanity.ave of rights and du_ies.g game and granting tithes. and ia all men. those decrec. and which no law-giver has ever yet thought of diclating:---without attempting" to notice numberless decrees issued by him.r rights and duties.---witt_ont now insisling" on the well-known fact.y co:rcsponuing" idea. and acknowledged to exist in the negroes. which have obviously not been decreed by any le_lator. than this.ldren. Ibr exa_ple. those pratec!ir.

by human sag-acity. to invent and make comfortable clothing. But. now. sees justice done. because mutual assistance begets nmtual love--supplies physical wants easier and better. imposing--for some imagined. by human wisdom.5 i ! . though incomprehensible.we must believe that men had naturallyno right topiekup cock les on the beach :or gather berries from the hedge--no right to cultivate the earth. and promotes moral and intellectual improvement . _sometimes marred. or move from place . and encourages virtue. Delightful characteristics! which have the single fault of being contradicted by every page of history._that the rights and duties of men grow out of the great scheme of creation. represent it as a beneficent deity which curbs our naturally evil passions and desires (they adopting the doctriue of the priests. and never mended. general good--restrictions on the natural rights and natural freedom of individuals. : • Other philosophers have wisely represented government and law as necessary evils. it has been generally supposed that the whole world was given to the human race. for them to use and enjoy in every way. abstaining from nothing_ restricted in nothing" consistent with their own happiness_bound mutually to share the blessings provided for them. both being eager to exercise the power of legislation. uo right to have habitatioas_no right to buy or sell. and to Mr. Bentham and Mill. Bentham's theory. and rarely understood. which they might dispensv _v_th as they grew enlightened and wise: but 2_Iessrs. that the desires and passions of man are naturally evil)--which checks ambition. in compliment to political power. which is sometimes misinterpreted. with dominion over all other created things. that we may find an apology for our own infirm and base submission. Hitherto. to use instruments to provide more easily for their enjoyments no right to improve and adorn their habitatmus--nay.

contemptuously rejectwnot merely "questioning. . parents had no right to the love and respect of their offspring. "_ Trait_s de Legislation_pr. therefore. elle rous accorde le afoot de n'etre pus tu_ par moi.hts by nature. Dumont." says M. and. as the basis of their system. marking it _ith his detes:ation_ " whether man has any rig. might devour their offspring. unhappily. fore-ealcula ing the immense advantages to the human race of establishing the long list of rights and duties which grow out of our affections. had no right even to life--that blessed gift of a bounteous Creator!--and no one was _mder an obligation not to kill another till the legislator created this right. and infants no right to draw nourishment from the breasts of their mothers." but broadly and boldly asserting that he has none _ and " that all the property he enjoys is the alms of government. if their parents would allow them to grow to n a:u_i y."T Men. With an extraordinary species of quaker-like humility. in the true spirit of these doctrines." as Mr. according'to lhe system which affirms that there are no natural laws and natural rights. Burke says. and even other philosophers.ablished them by his decrees. and children. and constitute our happiness--had esl. according to the same dogma. If the principle he true in one case it must be universally true . ''_ " La lot.Mothers. until the legislator--foreseeing.20 t_ place--till the benevolent and wise law-giver conferred all these rights on them. " me defe_d-elle de vous tuer ? EUe m' impose l'obligatio_ de ne pas vous tuer . and life itself derived from its favor and indulgence. forget to prohibit * Lelter on the Affairs of Ameriet. and imposed this duty. according to it. edit. might eat up their parents--if he should. these reasoners assume. the principle which all spirited men.

from the seat and centre of civilization. however discontented they may be with a distribution of power. • so unhallowed a feast! Poor human beings ! How were you cast away--thrust out from the protection of Divine Providence. he continually commands. must admit that they are the legitimate results of a system denominated. and in spite See Mr.with larceny or high-way robbery. tithes. Brit. imprisoned. till that better di_-inity. o me. the Philosophy of Westminster. he may resume them at pleasure. under the name of taxes. this system appears as mischievous as it is absurd. if they were not eminently absurd . it will not satisfy the people. expatriated or even exterminated. and yet. they cut too securely all the gordian knots of legislation. Bentham reasons. They lif_ legislation beyond our reach."* But though this may be comfortable doctrine for le_slatots. Man. may be experimented on.. . in which no share falls to them. The doctrines accord too well with the practice of law-givers. Sir. you. compared to the monstrous assertion that "all right is factitious. Mill's article on Jurisprudence: Supp. to the Ency. with murder-nor the forcible appropriation of property he sanctions. took you under his charge! Such deductions would be shocking. as the legislator pleases. who know on what principles Mr. Kc. and only exists by the will of the law-maker. Life and property being his gift. a decree-manufacturer. not to be readily adopted by all those who. having naturally no rights. are anxious to become the tutelary guardians of the happiness of mankind. and hence he never classes the execdtions and wholesale slaughters. Filmer's doctrine of the divine right of kings was rational benevolence.:" i . which extends its fostering care to the meanest things of creation. and secure it from censure.

on a barren and ungrateful soil. without increasing our knowlege of the consequences of actions. . such as Cicero and Seneca. pretends to mean the greatest happiness of the greatest number of inhabitants . that the . * Your obedient servant. There can be no doubt that tile Deity wills the greatest happiness--no doubt that the legislator. and if that principle be suitable only to Omniscience--man. which he calls civil and penal laws. leads directly to the conclusion that there ought to be no lvgisla- lion. A LABOURER. who have advocated a totally different system from that of Messrs.22 of false theories and unreasonable practices. and it is fast becoming" apparent. Bentham's philosophy.justification of all Mr. as Bacon and Locke. Day does not follow day. events are now teaching mankind to place a just value on law-making. admirably adapted to secure their own preservation. and as Burke and Smith. Bentham and Mill and their arroeo_nt disciples. have not cast tile seeds of their faith in nature. Bentham's nicely adapted contrivances. whenever be speaks of the good of the country. be the only one that justifies law-making. and no doubt that the faculties of individuals. If the greatest happiness principle. * Milch has of latebeon very needlesslywritten about the greatest happiness principle.lividual can ascertain that which will promote it. the basis of all Mr. the imposslbilitythat any in.vise men. there can be no . ha'_-ing no nteans of measuring it. _re not competent to measure the happiness of nations Admitting therefore that the legislator ought to look at the general good.

THE NATURAL RIGHT ILLUSTRATED.R. Locke's opinion of this right adopted and confirmed-Proofs of its existence at all times and places . &c. If it were not the very foundation of systerns of government. 2 2 To H. i -_ SIR._: ! '. OF PROPERTY" Mr. Dumont is wrong in ascribing a sense of security to legislation. without digging down meddling" with so great and. that the former could be amended. being conr. eetcd with s_me of our strongest e:notions. perhaps. and of theories of political philosophy--and if there were any rational hope. and the source of some most inveterate prejudices.-Proof tl. should carefully avoid .S _::i ' As the right of proper_" includes many other rights. i to the very bottom--l.! 23 LETTER i THE SECOND. M.P.S. it requires to be handled with great discretion.F. dangerous a. for one. EsQ. . and the latter constructed on correct principles.at M. BROUGHAM.

24 work. But after much and anxious deliberation, 1 am satisfied that it is not possible to meliorate our political condition, or even to save society from convulsions, more terrible perhaps than have ever been known, unless all classes attain correct notions of the natural right of property, and endeavour gradually to adapt their conduct and social institutions to what nature decrees. Allow me, however, at once to declare (as there have been in al most every age individuals, such as Beccaria and Rousseau -and sects, some existing at present, such as Mr. Owen's cooperative societies, the Saint Simonians in France, and the Moravians, who have asserted that all the evils of society arise from a right of property, the utility of which they have a_cordingly and utterly denied) allow me to separate myself entirely from them, by declaring that I look on a right of properry--on the right of individuals, to have and to own, for their own separate and selfish use and enjoyment, the produce of their own industry, with power freely to dispese of the whole of that in the manner mostagreeable to themselves, as essential to the welfare and even to the continued existence of society. If, therefore, I did not suppose, with 5fr. Locke, that nature establishes such aright--if I were not prepared to shew that she not merely establishes, but also protects and preserves it, so far as never to suffer it to be violated with impunity---I should at once take refuge in Mr. Bentham's impious theory, and admit that the legislator who established and preserved a right of property, deserved little less adoration than the Divinity himself. Believing', however, that nature establishes such a right, I can neither join those who vituperate it as the source of all our social misery, nor those who claim for the legislator the high honour of being "the author of the finest triumph of humalJity over itself."

25 I heartily and cordially concur with Mr. Locke, in his view of the origin and foundation of a right of property. "Every man," he says. "' has a pro_ perty in his own person that nobody has any right to _ut himself. The labour of his body and the work of his hand are his property. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with it and joined to something that is his own, and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it that excludes the common right of other men. For the labour being the unquestionable property of the labourer, no man but he can have a right to what that is joined towat least, where there is enough and as good left in common for others." " He that is nourished by the acorn he picked up I!nder an oak, or the apple he gathered from the trees in the wood, has certainly appropriated them to himself. Nobody can deny but the nourishment is his. I ask, then, when they began to be his ? When he digested? Or when he eat, or when he boiled ? Or when he brought them home ? Or when he picked them up? And it is plain, that if the first gathering" made them not his, nothing else could. That labour put a distinction between them and common, that added something to them more than naturenthe common mother of all--had done, and so they became his private right."* "Thus the law of reason makes the deer that Indian's who hath killed it; it is allowed to be his goods who hath bestowed his labour upon it, though before it was the common right of every one. And Of Civil Government--Book II, Chap. 5, se¢.28.

'26 amongst those who are accounted the civilized part of mankind--who have made and multiplied laws to determine property--this original law of nature for tl, e beginning of property in what was before common, still takes place ; and by virtue thereof, what fish any one catches in the ocean-that great and still remaining common of mankind,--or what ambergris any one takes up here, is, by the labour that removes it out of the common state nature left it, made his property who takes, that pains about it."* "Bat the chief matter of property being now," he goes on, '" not the fruits of the earth and the beasts that subsist on it, but the earth itself as. that which takes and carries with it all tlfe re6.t, I think it plain that property in that too is (ought to be?) acquired as the former. As much land as a man till&., plants, cultivates, and can _se the product ; of, so much is his property. He, by his labour, does, as it were, inclose it from the common."t Thus the principle Mr. Locke lays down is, that nature gives to each individual his body and his labour; and what he can make or obtain by his labour naturally belongs to him. Though I cannot n.ake this principle any clearer by repeating the ' atement in my own way, yet as different minds are .:ffected by diiferent means, the object I have in view may, perhaps, be promoted, by putting it in a some° what different, even if it be not so clear a form. The power to labour is the gift of nature to each individual ; and the power which belongs to each, cannot
* Of Civil Government_Bank II, Chap. 5, see. 30. + lbid--sce. 3?. Itisnotal;ttleextracrdlnarytl:atevery writer of any authority, since the days of 51r. Locke, has theoretically adopte:l this view of the origin of the right of properly, and l_as, at the same time, ia defending the present right of property in praetiee_ continually denied it, This is the logical zea-.iste::ee of literary logicians.

if violence and wrong interfere not. The unpleasant feeling of hunger may be properly called a command or admonition to labour. not the le_slator.he _'ives to another. and the game he kills . excl_ively. and He gives to labour. nature--or God. are the natural stimulus to exert this power. are generally found together. and on him alone. than the distinctand separate wants they are intended to gratify. creates or obtains. Nature gives also to each individual: and her separate _ifts--as. creates man with these wants. (for it i_ belter to use the latter term than the former) bestows on labour.and lherefore calls his: as well as guarantees its use to him by the wish and power He continually engenders to retain and use it. the fish she bestows on him who baits a hook and watches the line---can no more be confounded with those _. The natural wants of man. acting in obedience to this command. the Creator gives the branch he rends from the parent stem. and conjoins with them the power to gratify them. particularly of food and clothing. The power to labour and the natural wants which stimulate labour. A savage. and confirms it in his possession. whatever it can make. while he fashions it into a club. to him. by the stone hatchet he has previously made. Nature. The commodities which labour. for example. but antecedently to the use of force or fraud.be confounded with that which belong_s to another. which it providea. thus we see that the motive to labour--the power to labour--and the produce of labour--all exist exclusive of all legislation. is the natural reward of the exertion. and the means of gratifying them. the Almighty primarily bestows the wild fruits he gathers. On the naked savage. may undoubledly take the fruit of his industry from him by force or fraud. stronger than the labourer or more cunning. and antece- .

and even the existence of his limbs and body. antecedently to all legislation.'28 dently to all legislation. and as we see and feel th_ Brown's Lectures on lhe Human Mind. signify the same material thing. stronger than I think he has done. and his body. She bestows the wish and the power to produce. the fact. [fir.. there is no difference between this statement and that of Mr. In substance. I would feign hope. Whatever is made by human indttstry. Locke says. Locke . is naturally appropriated as m_de. As we learn the existence of our own bodies from seeing and feeling them. nature establishes a law of appropriation by bestowing. Each individual learns his own shape and form. whatever h¢_makes or produces. nature bestows on every individual what his labour produces. The enjoyment is secured by the individual's own means.and she confirms in the labourer's possession. no le_slation. that. that every man has a property in his own person. and belongs to the maker. individuality--which is signified by the word own--cannot be disjoined from the person. she couples them with the ex-peetation of enjoying that which is produced. both for himself and others. from seeing and feeling" them. as she creates individuality. the produce of labour on the labourer. • These eanstitute his notion of persor_al identity. if no w_onff be practised. and it is impassible to conceive-it is in fact a contradiction to say--that a man's limbs and body do not belong to himself: for the words him. . but I wish to mark. is required. self. and to any possible interference by the legislator. No contract. All these are natural circumstances-the existence of any other person than the labourer not being necessary to the full accomplishment of them. m fact. just as she gives him his own body. as long"as he wishes to possess.

e. In fact. the pleasure or pain that results from an individual's conduct. the necessary consequence of existence. of personal individuality to what is produced by every individual--not merely is a right of property . the material objects are only sought after for the immaterial pleasure they bestow. to the things the hands seizer or fashion. Thus. there arises in every individual. we extend this idea. the natural idea o1"property is a mere extension of that of individuality . unwilled by any law_ver. are properly deemed to belong to him. The ideas expressed by the words mine and thine. to the things we make or create. I might quote several : such as this---" As you make your bed. it being. or have given to us. are simply then an extended form of the ideas of personal identity and individuality. Nor is this extension limited to material objects. including the pleasure or pain resulting from our own conduct. we have precisely similar grounds' Ibr believing in the individuality or identity of other persons. as applied to the produce of labour. his remorse or his self approbation. indeed. As nature gives ¢o labour whatever it produces--as we extend the idea. By the operations of nature. Were it not the practice to despise the sententious wisdom of proverbs. as for believing in our own identity. his hopes or his despair. first for ourselves and afterwards for others. By the same operations. so you must lie in it_'---to shew that these ideas are generally extended to the immaterial consequences of our actions. or crea'.29 bodies of others. equally with the book he writes or the game he kills. a distinct notion of his own individuality and oi"the indivi_duality of others. then. or the legs hunt down and overtake. In the popular creed. and it embraces all the mental as well as all the ph'vsical consequences of muscular exertion. We readily spread them from our hands and other limbs.

if openly conquered. you will observe. When either is totally absent man is insane./ide for himself. the great mass of mankind seem to have been created nearly equal to each other: at least.3O established by nature. As far as we know. we must ask. independently of all human le_slation. by bestowing on labour all its produce. has she. we see also that she takes means to make known the existence of that right. Nature. and mutually to abstain from any actions that would weaken or destroy the sense of security? She has. who invites rather than repels his exertions. from another what the latter has already made. the members of every single community are so nearly equal in capacity and skill. to pro. by his labour. every where establishes. that the inequality of productive power in indi- . Nature creates the maiority of individuals nearly equal in bodily stren_h. as a general rule. he bus only to overcome the resistance of natlare. Moreover. he must surmount all the opposition of an equal. and having effectually provided for our attaining a knowledge of its existence. provided men with motives mutually to respect this right. than to make something similar for himself. and thus. than for each. skill. she creates in all men motives to respect that right of property which she. by force. who. making it generally more difficult and dangerous to take from another. or God--for I use these terms as one--having thus established a right of property. and gives to all nearly the same facilities for acquiring knowlege. In the latter case. as it is for them to want the idea of personal identity. It is as impossible for men not to have a notlon of a right of property. and every where makes known. may secretly find a means of reven_e. and capacity. in the former. that it must be at all times more difficult for one man to take.

we may infer them. With reference to the source of the error fallen into by these persons. the cupidity of those who are comparatively destitute is almost always accompanied by corresponding" means of defending its acquisitions. according" to their several relations t_ one another.mt." says Lord Boling'broke.Jd that the principles just mentioned are so powerful in thei: operation that they have silently overcome the greatest obstacles thrown in their way by legislation. we acquire a s_roa_" conviction of the folly of setting up our wisdom in opposition to the benevolent decrees by which every part of ereation appears to be equally reg. at pre_. the most ingenious. by which one might obtain greater wealth than another. it may not be pcemature. the most wealth:. a . even where we cannot discern it. " in so many instances. By tracing analogies and harmonies of th[s description in the moral world.. will enable him to defend his acquisitions. or create more wealth. that philosophy should lead us to conelude this proportion preserved. and the most powerful. that they disappear in the pcogress of society.dated. a. generally speaking'. . When we cannot. to take from another. than to produce for one's sell'. easily trace such reg'ulations.just proportion of thing's."* By some persons it seems to be supposed that motives. '" We see. exciting. even at t Of the true Use of Retiremea/ and Study. i'his rule also holdsgood with nations. as is supposed. and that it has become. like those I have just alluded to cau only exist in savage life. as in this case." being the most skilfill. raore easy. The same strength or skill which enables one man to catch more game or fish.31 viduals. than his less skilful or weaker compatriot. Ot_e object I propose is to shew that this suppvsition is incorrect.

do not apply to the legal right of property. under the influence of a wish to share the power of legislation. do not exist in its advanced stages. in order. which are acknowleg'ed to prevail in the infancy of society. The present legislators of Europe are the descendants of men--cherishing their opinions and habits. I make no exception to this assertion: for even those who. and acting on their principles--who were unacquainted with any wealth-creating arts. 1 state these facts now. They do exist : but they are so overgrown with le_slation that we can only detect them by their operation through long periods of time. or endeavour to gain his own livelihood by his own labour. into the rank of legislators. The power of making" laws was long vested in those--and still is vested in their descendants--who followed no trade but war. of course. and cannot believe. fight their way. all which they possessed they took. to account for the origin of the supposition. for which nature inspires no respect. . That there are natural motives to respect the legal right. and which they can perceive no motives to respect. whfcl_ they call natural. at once. and knew no handicraft but robbery and plunder. that the right of property. that the right is founded on justice. from those on whom she had bestowed it. On them nature bestowed no property . Even to this day. in many countries of Europe. wealth-creating business.8g present. a nobleman or legislator loses caste if he eng'age in any useful. I do not contend: I even deny it. by force. They are like the precession of the equinox. to remark. that the motives to respect the natural right of property. have adopted the principles of their former masters and despoilers. They. and who lived by appropriating the produce of others. is merely legal. by honest industry. which must be obaerved for ages before it can be ascertained. al_d is established and sanctioned by the law-giver only.

" but such a persuasion oreonviction is obviously as much the natural and necessary result of individual organization. indeed. he is only the expounder of Mr. Tbe savage never suspects. or the gate. that they should be enabled to enioy the advantages of what they make. and the expectation exists as universally as the wants whieb excite labour. I know that literary men. Dumont. by whom such an opinion is generally countenanced. Men never would have made any thingmnot even lawsmunless a persuasion had naturally arisen. can only be the work of human laws . Bentham's theories. is the offspring" of wrong" doing in others. that we shall be able to derive appropriate advantages from the things we make. antecedent to all legislation. and could not have existed till the expectation had been frustrated and the enjoyment unjustly disturbed. this conviction is a component part of the idea of individual production. that he shall not be allowed to enjoy it. but their ingenuity could scarcely persuade the smith. that his right to own the horse-shoe. or the carpenter. are capable of making any false statement look like truth. unless we were benevolently informed of it by a parliament or a king. as our notion of personal identity. and. says. In fact. with which the expectation of enjoyment is combined. that "' the conviction or persuasion. is effeeted by individuals. very generally. On the principle that property is altogether the creature of the law. we could not know what is ours and what is another's. The persuasion or expectation then is natural and necessary_the doubt or suspicion is incidental--and is. till his game has been once taken from him. the result of wrong done by those who have afterwards made laws to protect their usurpations. It is the spontaneous growth of every mind. or the want which prompts to exertion. The making. Doubt or fear of not enjoying. he .33 M. of course.

in each the idea of individuality. but still ruinous. have probably established the following truths. or agreement between individuals. when wrong itself. Such ideas are neither created nor confirmed by decrees_ but. then.34 makes. and it makes injustice legal. as the source of apprehension is always tile opposition of those whom _e have injured. Nature produces. the enjoyment of that which is acquired according to law being free from such apprehension. from any notion of wrong. prevent them from knowing what is right. and these remarks. it may and does. The continual possession and use by one person of any one thing. and are acquired by children long before they ever hear of law. Tl. though in case it were infringed. when expressed in laws. though it be unjustly acquired. as the legs and the tongue belong to the body. The general consent. they are so early acquired. Without the intervention of any law. like the habit of walking or speaking. because there is no one powerful enough to overturn the law. has been conferred on him by the statutes and the judges. generates in another the idea that it belongs to the former. which she extends to ownership. Ideas of property are truly instinctive. resource to compel those who infringed his right to make him a compensation. Poor simple man! he never supposes that his right is even guaranteed by the law . but being tile cllief means of informing individuals what is regarded as right. leaving him free or not from apprehension in the enjoyment of it. by bestow- . If they do not belong to the mind. These quotations from Mr. informs him whether or not it properly belongs to him or to another. Locke. e manner in which each individual acquires what he possesses. contract. and so continually present to us that they appear innate. is also free. as to what shall belong to each. does not establish right. he would appeal to the law as a last.

ing on each individual, and exclusively, whatever he produces.* She provides a principle of general security, by making it easier for all men to obtain from her, than to plunder from one another. And she begets antecedently to all law an expectation in every one that he shall be able to enjoy what he produces. All the fruits of industry she bestows on industry, and bestows them in proportion commensurate to the labour and skill employed. All these truths show the foundation of a natural right of property. It is the right of each individual to own for his separate and selfish use whatever he can make. You do 2Jot requite to be informed, though I may state the fact for the benefit of less enlightened persons, that all the wealth of the world, the whole means of subsistence, whatever contributes to clothe and to feed man, is the produce of labour, and is annually created and annually consumed. Even those useful instruments, such as ships, houses, &c. which last for several _-ears, require to be continually kept in repair by the hand of labour, which is tantamount to contiaual production. The field that has been once cleared and ploughed, is soon overrun with useless weeds, if it be
* Should an objectl.on be raised to this statement, oa the ground that at present, owing to the great extent of division of labour, no individual completes any one thing of himself, I shall reply, that the mutual shares of any two persons engaged in producing an article, as fur example_ cotton-cloth, is se!tled by contract or bargain between them, the weaver buying the yarn from the spinner, as the spinner buys tile raw material from the merchant importer. If any question be raised, as to the share of any two or more x_orkmen engaged in the same work, or as to their wages respectively, I shall answer, that this too must be settled by" the parties themselves, and is not now in any case the subject of legal enactment.

$6 not continually cultivated. There is no other wealth in the world but what is created by labour, and by it continually renewed. This principle, now universally acknowledged, makes the right of property appear more absolute and definite than it was in Mr. Locke's comprehension, because the right to own laud is in fact only the right to own wt,at agricultural or other labour produces. Tile natural law of appropriation, therefore, exists in full force at all times and places i and at this moment constitutes a rule for appropriating every part of the wealth which is continually created. The wants which can only be gratified by labour always exist, or are always renewed, the necessity to gratify them by labour is never suspended; and now, as at the beginning, nature bestows on the labour intended to gratify these wants whatever it can produce. Thus a right of property is founded on principles that are universal, and always in operation ; and even at this day in our very art(ficial communities, by extending observation over long periods, we shall be convinced that theycontilme in force, and continually subvert the institutions of the human lawgiver. If this view be correct, a right of property ought to be known and established among all n:ankind; and it may, I believe, be affirmed that no people, however rude, have yet been discovered, or ever ,_'ere known, among whom a right of property, in the things they had made by their industry, was not established. Major Collins says, in his work on _New South Wales, a country in which there is the nearest approach to the absence of a right of property I have ever read of, "that the savages left.their spears and things of that kind lying about, but they had a strong notion of ownership, and resisted the appropriation of these things by the people of Captain Phillips' vessel." They comprehended the right cf proFerty which springs from labour _ but agri-

37
culture not being known amongst them, and they not having vested any labour in the soil, they had not established a right of property in land. Savages have been discovered who had no ideas of religion or of God, or only such as were copied from their own wretched existence and untamed passions but even of their community each member was as sensible that the stone hatchet he had made, the canoe he had hollowed out with it, or the bow he had bought with a hatchet of his own making, was his, as are the members of the most law-regulated community, that they have a right to enjoy what the law confirms in the possession of each person. So certain have voyagers and travellers been of this fact, that they have not thought inquiry concerning it necessary, any more than inquiry to ascertain if savages comprehended identity and individuality. They have asked if the savage had any knowledge of God, but that he had ideas of thine and mine they have always taken for granted. Even those tribes, like the people of Nootka Sound, who were so delighted with the possessions of the Europeans, that they furtively appropriated whatever they could ]av their hands on, were sensible that they took what did not belong to them. They respected a right of property among themselves, and acknowledged, though they did not respect, that right in the strangers. Similar to the people of Nootka the Esquimaux seem latterly to have thought that they might take the cargoes of one of Captain Franklin's boat_ ;* but the manherin which they attempted it, intimated a clear conviction on their part that the things did not belong to them. A comparison between civilized and uncivilized men, as to the re_oect of each for a right of property, * See the narrative of this intelligent voyager's second expedition.

3S cannot be established. and exaggerate the vices of civilized society. by all tile terrors at their command. that the property of the strangers. but too rashly conclude. and no regular establishments for the administration of law. either pleasing or useful. were in the habit of thieving from each other. would become theirs by the trouble of putting forth their hands to take them. To explain. The inhabitants of Nootka Sound wished to appropriate the numberless useful instruments they saw in the possession of Captain Cook's people.mis stronger than the respect for the right of property among the former. but it is not said that these people. To appropriate whatever is pleasing is . and were therefore readily yielded to their exertions. but there is reason to believe that the respect among the latter for the property of each other. as far as the individuals of their own tribe are concerned. had not been previously appropriated. dazzled by the novelty of the things their first European visitors displayed to their view. allow me to observe. the great majority of the objects. to comport themselves according to our idea of justice. with which they were acquainted. I must say that of the latter a continual violation both of tlle natural and artificial right of property seems the mo3t wide spread and distinguishing evil. Without wishing to magnify the virtues of savage. The people of the Ladrone islands. though ready to plunder the strangers. The Esquimaux were perhaps unable to resist their desire to possess the glittering objects they beheld for the furst time lying before them.mthough they may have no written law. which their lawgivers have endeavoured in vain for ages. They might hence. like the gifts of stature. to preserve fi'om infraction. who have been too eager to acquire the temptmg possessions of European voyagers. practically. might greedily seize them. not to excuse the conduct of those savages. that prior to the arrival of strangers among them.

Between the originM and present condition of mankind.wmust have been gradual. As new arts. and coupling this with the fact. such as . if we do not so refrain. and the new wealth they create. Originally whatever one man thought useful. the alteration--from all which existed.--as for example--printing. and the relation thus established must be learnt. the original relation gradually ceases. formed by a continual apprehension of suffering. being appropriated. supplying their mutual wants by mutual exchange. At present. new wealth is created. being unappropriated.e seen had been readily _4elded to their wishes. New branches of industry. Not only was he necessarily ignorant that the alteration was to take place. have generally been looked on by him with great suspicion.! i 39 natural. as new instruments are invented. and of course hardly any thing except fish and game to appropriate. to all which exists. in regard to the wealth of the Europeans . we cannot be surprised that their desire to possess the new objects they beheld was stronger than their respect for property. but when it did occur he was mistrustful of its utility. and restraint. There is now hardly any thing about us on which the labour of man has not been employed. to take them would be to injure another. and could not have been provided for before hand by the legislator.he might appropriate without wrong" lug another . and is a habit of action. though abundant. and after they are appropriated. that every thing useful which they had befo. and as men are multiplied filling the whole earth. implies knowledge. though scanty. Such a habit could not have been formed among the people just mentioned. He supposes . to refrain fi'om seizing what has been already appropriated. but by an act of appropriation the original relation of man to the spontaneous productions of nature is altered . the great mass of objects is appropriated. and disappears altogether.wild-fowls and game.

and each one. All novelties lie beyond his previous statutes. that if nature did not at all times provide motires for respecting the new relation of man to tile work of his hands. which fs continually called into existence. which is one of the many. it may be boldly asscrted from this view of the legislator's limited knowlcdge. is humbly submissive to the general voice. Indeed. as it is continually called into existence by tile creation of new wealth. (which. and new wealth. As the legislator cannot before hand provide means to secure the enjoyment of this new relation.4O that social order and happiness depend upon his enactments. There is then. a new relation between man and all surrounding objects is called into existence. On e:_amining the subject we actually find. mingling with all the things of creation. and as labour multiplies the conveniences of life. I conclude. But we have just seen. a natural right of propert}. provides such means. that as the relation alters between man and appropriated objects. founded on the fact that labour is necessary . and therefore prone to respect that right of property. beautiful harmonies of the moral world. and for respecting the new right of property. looking at its universality. we must regard as dependent on natural laws) so a powerful motive arises for forming a habit of restraint.. As mankind are multiplied. and what does not flow from them. feeling the impossibility of resisting a great many. and must necessarily form no part of the organization which springs from him. and gives rise to new arts. the moral influence of the mass increases over individuals. must in his opinion be evil._as the change takes place from savage to civilized life. which is acknowledged by all. it is fair to presume that nature. who plans the whole frame work of socigty. that as new wealth is formed. society could not hoId together. and modif)'ing them so as to adapt them to the supply of our wants.

have always been the constrained and unhappy results of positive institutions. Locke. as thus explained. be equally essential to our . and utensils. The approximations to a comtnunity of goods among some religious. like the making of them. and for ever will extend the idea of individality which is derived from the human body to the thing's the hands make._ifnot immediate and perfect. seems to me as much a creation of the Deity. thus eonstitutingthe idea of ownership. never has existed. Tlmt it is essential to our happiness to regulate our conduct . not general. Men imturally and necessarily do. is not created by legislation. and sowing in autumn the seed that is to ripen against the next harvest. clothing ourselves warmer in winter than _u summer. at all times and places. they are suited to the usages of partitular times and countries. like the principles from which it flows. Bentham. no man doubts . The relation between labour and its produce. and it must. that the right of property which exists universally. instruments. though it be denied by M.'weapons. and hence it is clear. selfish. 1 presume. dwellings. It is the result of the laws of the universe. must be individual. of food. with all its consequences. or as the law regulating the course of the seasons. not common. clothing. The operation of human laws is confirJed to short periods and limited spaces. or of all the produce of labour. and never could exist. and some political societies. yet continual and progre_ive. nor generally advantageous. as stated by Mr.by the latter. which have neither been of long duration.--as much a part of the universe as the great globe itself. which righ_ of property exists. Dumont and Mr.even in any family much less in any community. or ownership or the right of property. who made man such as he is.41 to produce whatever bears the name of wealth. the offspring of the will of our Creator. The use of such things. A complete community of goods.

proceed upon a study of the principles which determine the natural right of property ? Is the latter--is the nat.) Has government. and I shMl do so with- . as we acknowledge and act on the relation between seed time and sowing.ral relation between labour and its produce recognised and acted on throughout society. fulfilled its commlsswn ? Does labour now obtain and own whatever it produces . To desire or enforce any other species of appropriation is apresumptuous interference with the laws of nature or of the Deity. not less absurd.enjoyment of our natural property. and an improper intervention between our ideas of individuality. seems unnecessary. To attempt even to enforce by laws that species of appropriation which nature decrees. Sir. that legislation which you.42 happiness. Locke. to regulate our conduct by the relation which the Almighty has established between labour and its produce. for no other purpose but to guarantee the . Are the natural consequences of every man's conduct allowed to come freely home to him under the guarantee of the law ? Let us look at these subjects a little closer .)Is it that splendid achievement described. Such an attempt may perhaps be called even more absurd than an attempt to regulate the winds or the seasons. Does'legislation. been framed with a view to preserve this relation entire and untouched . according to Mr. and those natural results of a man's conduct. which are its ordered and appropriate rewards or punishments. or wicked in principle. because we are continually admonished against it by the pain and misery which continually ensue.) Have all the laws of society said to be intended expressly to protect property. than to decree a new course to the winds. have sworn to uphold. instituted. or a different return of the seasons. as a member of parliament.) Is every man's right to have and enjoy whatever he creates or obtains by honest exertions protected by the law .

but by describing that right of property which the law does guaranteeand protect. .43 out answering the questious regularly. with much diminished respect. A L._so t:_ _-tt. At present I sign myself.

and for the quiet submission of the people.44 LETTER THE THIRD. It may be simplicity in me.S#. into the end kept in view by legislators. When we inquire. BROUGHAM# ESQ. No misery indeed is deemed too high a price to pay for his supremacy. secure the wealth of the landowner. and from the legal right of property beingirt opposition to the natmal. Sir. or examine any existing ]aws. have been extirpated. the priest. TO H. and even nations.--Manifold miseries which result from his appropriating the produce of labour. casting aside all theories and suppositions. and has no natural right to any wealth. THE LEGAL RIGHT OF PROPERTY. --The law-maker is never a labourer. he. What is the law ?--Who are the law makers ?--The law is a great scheme of rules intended to preserve the power of government. but never to secure Ms produce to the labourer. To attain this end many individuals. M. Perish the peo- . and the capitalist.F. we find that the first and chief object proposed is to preserve the unconstrained dominion of the law over the minds and bodies of mankind. but I protest that I see no anxiety to preserve the natural right of property but a great deal to enforce obedience to the legislator.R.--He takes no notice of the natural right of property.P.

are palmed on the world as philos_. who wants to enjoy his o_rn in security. fall suddenly by the hand of an as. must respect the own of others. according to their own views. by which alone the mugislrale is enabled to tyranni. without law. without the least restraint .* Cost what it may. and by the class of society for whose behoof laws are made. while it has nothing but praise. law must be brought to conform to the sentiments of both parties . and they rightly endeavour. If. the priest might have exacted his tithe. The law and the oppression are the work ofthe same hand .:i l ! i 45 pie.e. and he. whether priest or gentile. whose life has been ol_e vexatious and consistent scheme of legal plunder. and their desire of wealth and power thwarted by their own fears of the vengeance of the oppressed. clothed in the garb of reason. but let the law live. slowly starved with much anguish and misery a whole generation. we are _ We may find numberless illustrations of the observatlon in the text in every part of the history of Ireland. when laws were made_ all selltime_t of right could have been clean swept out of the heart of man. theircareer would have been uttchecked . or at most a feeble sentiment of half censure. rigorously coimected as cause and effect. assassilmtion. and the landlord might have driven the cows and the pigs of the cottagers for reiJt.phy. . and the most meddling of their oppressors--if a magistrate bewaylaid and put to death. The law is the creature of their passions. and on its consequence. If a priest. silently form combinatiol_s to obtain revenge--if they i_ secret lift their hands against the most odious. when they find their career of oppression hemmed in. If an outraged peasantry. and the priest to vex and harass his f_llow men. and the iHdignation expressed by the mouth-piece ofth_ law-makers. for the numberless acts of oppression of which the desire of vengeance is the necessary col_sequelme. is the indignation of tyrants. sassin_the only language -'e hear from the conductors of the press is the necessity of supporting that instrument of tyranny_the law. has ever been the maxim of the masters of mankind. or 1he natural in prefer_ce to thv legal rights_ of mankind. bestows all itsiadigaation on the burningdesire ofvengeancein the oppressed. I do not comprehend that philosophy which embracinga long chain of events. Or rather I do comprehend the base passions which. drivels to despair by ages of oppression. to substitute it for the violence v:hich is the offspring of the passions of other people. or I should say of reasoning. by the aid of thc law. but as their power does not tend to extinguish this sentiment. who has.

men less instructed than we are.* Society. Self preservation is said to be the first duty of corporate bodies. Looking at this question practically. and men are massacred that governments may be upheld. and then pass out of existence if law be not obeyed. or ought to be held sacred among men. or killing partridges. paron the propriety. By a most ridiculous analogy_ the precept of self preservation.46 continually told. the corporate existence decreed by the legislator can only be maintained by putting individuals out of existence. continually called on to preserve the institutions of the legislator by violating the principle from which the analogy is derived. whether he writes about a rebellion in Ireland. deserved the veneration justly due to the works of the Almighty. will fall into anarchy. as if the ignorant contrivauces of. which the ticularly Mr. loudly and continually repeats this maxim of our masters. whether it be that which is holy in affection. In many cases. singularly enough. partly by custom. whatthe paramount dominion . and wither and perish.ich we cherish our happy animal existence. exemplified by the lale sapient Commons. This is well debates on Irish tithes. must be upheld. it is said. partly by the legislator. is transferred to the institutions of barbarous men. let us coolly inquire what is this said law._ The law. in our newspapers. and before which even the laws of nature must quail. to preserve which is said to be the first duty of communities. the dictate of the holy and delightful imptllse by wt. insisted ever might be the cost. the dominion of the law. We are on this principle. is a set of rules and practices laid down and established. '_ January 1832. of preserving of the law. not the natural right of property. the human race will first relapse into barbarism. Every writer. as to preserve life is that of individuals. John Weyland. as of individual animals. before which every thing.

he will not. and is at present made. the legislator be he who he may. This object always has been. and. actually and in fact they are intended to appropriate to the law-makers the produce of those who cultivate the soil. and intended as far as our subject is concerned. Nominally these rules and practices are said to have for their object to secure property in land . derived from tho laws of his organization. and to procure a revenue for the government. who makes. Such is law. but it is so obvious that one is sneered at tbr drawing a deduction from it. to appropriate tithes. and the constitution of the universe. Let us look closer at who is the legislator. to secure the appropriation of the whole annual produce of labour. it is clear that in making laws for the appropriation of property. In some countries the power of making laws is vested i :. consistently with nature. and among different communities. being. and retain power and dominion. that the law has always been. is utterly regardless of the connection between industry and plenty. prepare clothing. by men who are not labourers. to have and to own. or distribute what is produced among tile different classes. who made. who enforces obedience to these rules and practices ? Can he show a title bestowed upon him by nature. the expression of his desire to have wealth.41 and partly by the judges. Nature rewards industry and skill. who is the law-maker. . supported and enforced by all the power of the government._ ( : . give to every one what he produces. and what is his object in making laws. It is a not less important question. But as law in fact is only a general name for the will of the law-maker. It is actually made by those who derive from nature no title whatever to any wealth. so to dispose of the annual produce as will best tend to preserve his power. and to appropriate all the wealth that is created ? Now it is an impbrtantfact. now is.

In no part of Europe. and being al_'ays intended to preserve the po_ver of those who make them. as the ministers of religion. to enable those who are not labourers to appropriate weahh to tl. though they are few. which is the main fact for our consideration. the great body of the community has a direct share in legislation. all the vanity and chicanery. in others in an aristocracy.emselves. Some times a particular class of men. or because he was born there of parents who were born there befm'e him . This chief purpose and principle of legislation is the parent crime. was. a third because he is a bishop. confusing.is time to a particular tradesman in a particular place. another because he is a peer. has atry right to assist in making the la_'s which appropriate. and a fifth because he ser_'ed l. from which continually flow all the theft and fraud. which torment mankind worse than pestilence and famine. however. d is. but kindly and speedily. had the producers of wealth. any direct share in legislation for many ages Nor have they yet as such any direct share.e man has a right to assist in making laws. at.48 in a king. O_. and still is. a fourth because he legally owns a large estate. The first and chief violation of the rigt. in any form or shape. which pervades and disturbs all the natural relations of o_vnership. their _'eat and chief aim for many ages. destroy them. from most of the countries of Europe. and in others. at least not in principle. the whole of his produce. because he is a king. to establish and protect a violation of that natural right of property they are described in theory as being intended to guarantee. Laws being made by others than the labourer. They only. In other words. t of property. or attempt to appropriate. the great object of law and of government has been at. has made regulations for the whole society. but no man merely because he is a producer of wealth. Our o_vn country does not differ in this respect. per- .

: 49 plexlng the ideas of all men as to the source of the right of property. the penalties inflicted on upright and honourable exertions . unite one and all. is to bestow a sufficient revenue on the government.--the parent theft from which flow all other thefts. heaped on all the industrious classes of the community. of which so many actions stigmatized by the law as crimes. are the necessary consequences. perceiving that law alone guarantees and secures their possessions. and all the classes whose possessions depend not on nature. Who can enumerate the statutes imposing and exacting taxes? Who can describe the disgusting servility with which all classes submit to be fleeced bv the demands of the tax-gatherer. subordinate to the great principle of preserving its unconstrained dominion over our minds and bodies. but on the law. and the natural corrections. az:d. without appropriatit_g what does not naturally belong to him. On_ of the first objects then of the law.hold it._ "The miseries inflicted upon individtmls and families by fiscal prosecutions. is that of the legislator. to place at its disposal a large part of thd annual produce of labour. and perceiving that governmcnt as the instrument for enforcing obedience to the la_3 and thus for preserving their power and possessions. heart and soul to ul. is indispensable. as the means of upholding it. appropriate wealth in order to secure power. on all sorts of faise pretences. and the continual misery. &c. and what is their own.--what pen is equal to the task of accurately describing all the vexations. who. not being a labourer. All the legislative classes. when his demands cannot be fi'audulently evaded? Who is acquainted with all the restrictions placed on honest and praiseworthy enterprise. Those who make laws. under the pretext that it is necessary to raise a revenue for the government. founded on excise laws. are equal to those . can make no disposition of any property whatever. stamp laws. post-office laws.

bymeans of the reverJue raised. and it is impossible to enumerate the vexatious statutes and cruel penalties. Equally benevolent and wise. They excite dishonesty. l_roduces nothil_g. but it is one which I shall hereafter attempt to render important. and all its revenues are exacted by violating the natural right of pro° perty. but she never tortures. and create division of interest. shewing lhat the folly * Cons'itutionof Ma% by George Combe.page 2_1.--she mercifully puts a. or consummated on the gallows. by which its preservation is sought to be attained. that are not the less atrocious because they are committed in battle with smugglers. and check enterprize.--greater than those of pestilence and famine."* Perhaps they are far greater.5O arising from some of the most extensive natural calamities. and disturb our sleep. the means of avoiding this perpetual calamity. That all this misez3' is gratuitously inflicted. The preservation of governme]_t. viz._ end to existence. and whenever she finds either the race or the individual incorrigible. Not so the le_slator. He has inflicted on mankind for ages the miseries of revenue laws. Revenue laws meet us at every" turn. without our learning the lesson which nature seems to have intended to teach. They impede division of labour. that the power of the government ]s _ot preserved according to the wish of the legislator. Government. tnust be purchased at whatever sacrifice. is perhaps a trifle in the account. as such.-when pain ceases to be useful. This I put do_rn as the first point aimed at by alllaws. so she instructs her children. They sow strife a_d enmity amongst townsmen and brethren : and the_ frequently lead to murders. it is said. The. Nature may annihilate.x:"embitter our mea!s. she warns us by pain against injury. . and sometimes producing both these calamities.

The instant he ceases his labour. or he may let it on what conditions he pleases. or rather taking a portion fl'om rent. by the transmitted remnant of an ancient practice. we must place the landed aristocracy. With these exceptions.--after securing a revenue to the state.--the landed aristocracy sacrificing to this even a part of their private property. Another mast not even walk on it. not to possess the produce of his own labour. the latter are obliged to maintain all the people born on their land. is as admirably protected as can be efl'ected by the law. she decks it with flowers_ and -' : ii . is just equal to the pain they inflict. Among the legislative classes embodied into. Subject to supporting the government--the instrument for protecting their privileges--they may do what they please with the land. intended solely to secure their rights and prMleges. otherwise they might quarter their sick and destitute slaves on other landowners. founded on the fact that the labourers "beionged like cattle to the landowners. the landowner may leave hie land uncultivated. In some countries also. that he must occupy and cultivate it. After securing a revenue for the government. ! ¢.g nothing more titan the organized means of preserving the power and privileges of the former.51 of making and of submitting to revenue laws. the laws have been made with a view to guarantee the possessions and the wealth of the landowners. transferring their cash from one hand to the other. the landed aristocracy and the government are one--the latter bein. Numberless are the statutes andthe decisions at common law. which they appropriate as taxes. and all the wild animals and fruit it bears are said by the law to be his. and the law is always ready to support him with its powerful aid. or it will yield nothing. and constituting the government. having the force of statutes. In fact. His right to possess the land. Nature makes it a condition of man having land. .

Patiently and perseveringly. and enforces the payment of them. till he be turned naked and flayed upon the world. however._must suffer under denunciations of future punishment . In most countries the ministers of religion support the government.52 stocks it with the birds and animals which she delights to clothe and feed} exacting no payment but their happiness. and wealth. . be neither legally born nor buried. at least of this country. and to give him what the law.eekness and forbearance._not what nature. We can neither eat nor drink. It _ves the soil. or the free-will of the labourer. the next object of the law has been to preserve the dominion and power of the aristocracy over the land. For this they receive a share of legislation. The laws.The law grants tithes. not one of them can be thought of without trenching on this natural right. and securing the wealth of the aristocracy. Such is tile charity of those whose office it is to preach tr. and a revenue to the government i but in all these. but after enforcing submission to government. bestows on him. and he never has been even fed but by violating the natural right of property. On the contrary. after providing a revenue for the government. the great and leading objects of law. To support the government the aristocracy has sometimes made laws trenching on its own privileges. seek to bestow a liberal allowance on the priesthood. and of the annual produce of labour. and inculcate obedience to the law. and a power to exact rent to the landlord. power. and. I see no protection for the natural right of property. He who objects to comply with his demands. has the law endeavoured to maintain his privileges. what is more compulsory he is scourged through ecclesiastical and other courts. neither married nor enter into the community of our fellows. The mere landowner is not a labourer. without paying the parson.

53 At present. and put themselves under government. the property of the capitalist. Capitalists have in general formed a most intimate union with the landowners. I see no guarautee or protection of the natural right of property. or a buyer of annuities. takes three-fourths . Locke to unite into commonwealths. while the other upholds game laws. is in practice unknown to the law. both however willingly support the government and the church. is systematltally violated. and both side against the labourer to oppress him. In all these circumstances which in relation to the right of property may be considered as the leading objects of legislation. besides the government. the law is extremely punctilious in defending the claims and exactions of the capitalist. as in the case of tile corn laws. the law also protects. of whom there is somewhat more difficulty to speak correctly than of the priest. The end for which men are said by Mr. the landowner. and sometimes tile other . a discounter of bills.. I them its full use and enjoyment. however. in order to protect and organize the most efficacious means of protecting the violation. nature bestow8 it every grain_ the law instead of g . or of a part of the national debt. 2 right of property far from beingprotected.. and both govermnent and law seem to exist chiefly or solely. whether he be a holder of East India stock. On the men who produce a bushel of malt. has no natural right to the large share of the annual produce the law secures to him. The capitalist as such. sometimes one obtains a triumph. and except when the interest of these classes clash. and both enforce the exaction of tithes and of the revenue.. to a certain extent. The natural o :: : i_. There is sometimes a conflict between him and the landowner.uaranteein g to _ '_ . because the capitalist is very often also a labourer. and the administerer of the law. one lending his aid to enforce combination laws. and the church. the aristocracy.

however. we feel more surprised that industry should have survived the immense burdens laid on it. but. did it secure that. to a life of unrewarded labour. The legislator has been careful to punish combinations of workmen. careful to enforce the payment of tithes and taxes. is so completely one of extortion. risking the punishment of the laws. that the actual labourer is only allowed to retain for his own use as small a portion as possible of the munificent' gift with which nature rewards his exertions. Under the false pretence of protecting them in the use and enjoyment of the produce of their labour. To ensure a national superiority. and the harvest gathered in. is an admirable contradiction of the law-makers' base assertion.54 of it from them. the wisdom of politicians continually thwarts the decrees of the Almighty. Under one miserable pretext or another. tban that a few thieves should prefer living by open plunder. and profit for the capitalist. nature gives every sheaf and every stalk which they choose to collect } the law. would scarcely be worth having_ but the system. for administering which payment is demanded. rent for the landowner. are maxims equally efficacious in their eyes to justify violating the natural right of property. that what it leaves. or the welfare of men's souls. careful to compel the labourer to work. and at the great number intended to exact a revenue for the government. When we look at the great number of laws restricting industry. I protest that I never yet heard of a law which had for its object to secure to the labourer . it takes so large a portion of it for those who make and administer tile law. because it is made for a base purpose--that men are naturally averse from labour. To those by whose combined labour the ground is cultivated. takes almost the whole of it away. tithes for the priests. I say base. That men yet labour at all.

indeed. I must come to one of two conclusions.: /_ :_ _?! :_ :_ . and [ find ia them nt)thing to contradict the statements of the text. on the contrary. and secure wealth to those who disdain every employmerit that creates the objects of their cupidity. an alteration or a violation of the natural right. and him alone. m common with Mr._. unlimited enjoyment of the gifts which nature bestows on him. it is a great system of means devised to appropriate in a peculiar and unjust * Ihave just been carefully looking over the reports of the proceedings of the legislature for some years past. ii) creating jobs of all kinds for the behoof of the aristocracy . that any law can effect this for ever}. continuall 3 engaged in devising means to preserve its own power. 1 . session after session. either all philosophy is arrant nonsense. government seems to exist only to violate it.vet perhaps trite fact to which ] wish by these remarks to dh'ect your attention is._: 55 the undisturbed. viz. and always have been intended. The right of property created and protected by the law. It has been busily engaged. sting every effort even Io circumscribe its exactions . in making laws to augment the reven. _ the legislature continually so occupied.--strenuously rest.* The important and . as contra-distinguished fi'om th_ natural right of property.e. is the artificial or legal right of property. and tQ provide greater emeluments for the clergy . . in short. in practice. to build new churches. that law and governments are intended. Locke to be the motive for men uniting into a commonwealth.roteet a right of property. Locke. It may be the theory that government ought to protect the natural r!ght . 1 say is ordained by nature. When lfiad : : ::. I do not believe. law effecting appropriation is. Never has the law employed any means whatever to protect the property nature bestows on individuals. or your annual legislation is the vilest imposition that ever was tolerated bv the too easy credulity of mankind.--in passing acts to amend corn laws and keep up rents. unfettered. different from that which. and nature is a cheat. but acttag in direct opposition thereto. in principle. not merely for getting or overlooking that which is said by Mr. to establish and p.

in solemn earnest aver. and a right of property in the things which each individual makes . than those establishing ownership. that the continual violation by the law-maker of the natural right of property. and therefore we are entitled at once to conclude. even if they could preserve their existence.wit compels the payment of rent. I must at the same time. and to live together. and were to live separate and apart from one another like beasts of prey. I am more interested in describing and in accounting for social misery. In saying this I wish to be understood as stating a fact. should attribute the want. We have overlooked her intention. but it does not ensure to labour its produce and its reward. overlooking the commands ofnature to walk upon our feet. men were mad enough to crawl like the serpent with their bellies on tile ground. and walked on our hands and feet. must be a prolific source of social misery. If. we owe most of our social miseries. who are sensible of those commands. and suffer accordingly as much misery as if we had followed Rousseau s advice. is a demonstration that she intended only industry to be wealthy. ignorance. than in condemning past faults. It exacts a revenue for the government. and destitution which must on this supposition be their lot. But surely no commands are more plain and certain. that to the vioIation of the natural right of property. or in proposing schemes to change the constitution of the country. effected by the law.--it enforces the giving of tithes. to their disobedience. It is demonstrated. we. that man was intended to walk erect. from the structure of the body. and the fact that nature bestows all wealth on industry. seeking for no food but what their mouths could thus find. . or the habits of mankind. not expressing censure.56 manner the gifts of nature. to use hands for fabricating instruments.

is the source of most. and to enforce them. I verily believe. The stale pretext that nature has not established any right of property. being founded on a violation of the natural right of property. Nay. the priest and the law-maker. then. can fashion or createz Nature or God. begins by denying that one amongst them which is the most certain. the most clearly expressed. But political society is formed on the principle of violating this command. Those who pretend to teach and enforce the commands of the Deity. with that hypocrisy which. Na- . prescribing conduct. whichever the reader pleases. go about continually to violate them. i persons. and ahvays has commanded. _:_._. but which. deserve only to be met by contempt. as is said on Mount Sinai. to support their power of prescribing conduct. with that delusion. or propagated at any time in the past-away kingdom of Jerusalem. and the most universally recognized• Laws and constitutions--political organisation altogether. if not all the evils. Away. it may be stated that their very existence. which yet afflict our race . and which brings about all the consequences of man's actions more clear than another--and infinitely clearer than any commands that were delivered. moral and physical. and the stale excuses for violating the natural right. substitutin_ the government of God for the rule of _gnorant perverse men. for the two words signify the same everliving First Cause. : : '. that industry should be followed by wealth. we are speedily destined to get rid of. commands. ": _i :_ _. is a violation of the commands of God. and exacting the wealth of others. mands. and idleness by destitntion. it is that which bestows on each individual whatever his hands can catch. the most easily understood. pretending to explain to us these com. ? 57 If there be one command of that Power which created and sustains the universe. continually made by unthinking _: :: : :.

When no example shall be found of a virtuous man not priestridden. When the wisdom of man shall surpass the wisdom of God. men may be excused for believing that nature is a better judge of what is suitable to society than law-makers. existed. The words. when has society. that wants could be supplied without labour? When has man. The decrees of nature concerning the moral world are as unchangeable as the laws of matter . decrees of nature. and their agents.55 lure regulates and determines all things. and kings. for ever so short a period. till all these things are established. When it is demonstrated that nobles and capitallstB are more essential to the existence of society than labourers. which I so freely use. ought to be swept away. laws of nature. we shall be justified in honouring the vaunted merits of an aristocracy. we may perhaps believe that raising an 1. and I should join in the laugh against myself. and in the same breath to speak of their violation. imposing phrases. But. and when we speak ofsuch decrees in the material world. but on the fruits of industry ? I should concede to those who deny that . was it kno_rn. if the decrees I have mentioned did not unchangeably exist. we may assert that tithes are beneficial. When the principles of good govcrnment are universally recognized. When. are certainly. if they can only be maintained by violating the natural tight'of property. and that thoseinstitutions. If we look closer at the matter. the ludicrousness will vanish. we may suppnse that there is some reason in the false pretexts continually put forth by priests.nmense revenue for their support is necessary to the happiness of all. It appears therefore at first somewhat ridiculous to speak of such decrees in the moral world. Sir. we mean an irresistible power which man can neither change nor influence. including those sufferings which follow from violating her decrees.

as well by violating ph)sical as bysviolating moral laws. i : 'i : _ _ :_ :_ _. or do wrong for a season. Nature warns us against that by pare. much less abrogated. When we examine the question of property. which would become unbearable from our own carelessness or folly. If we run our head against a post. but not with impunity. reasserts her authority. in the same manner as she warns us to respect the laws of gravity. did she suffer the right. and warning us continually by its evil consequences. if we throw ourselves from a height she breaks our bones. she ultimately. she allows them a long probation to learn her commands. to be ever infringed. and commands us to make use of our eyes . we shall in like manner find that much misery is caused by our opposing tile natural right of property. Mark. in her own good time. She is as absolute in the moral. :_ . because we can trespass on physical laws. Nature therefore suffers us not to abrogate her decrees in the moral world. are now overthrowing every conflicting in* _ _ _ i ii _. and she suffers us not to violate them with impunity. with impunity. have always been ia operation. Protesting continually against our rebellion. the correctness of their opinions. Both in the material and moral world the commands of nature are only known to us through our own pleasures and pains. as a punishment. but kindly compassionate to the infancy of her children. We shall also find on examination that the artificial right of property is continually modified by the natural right. which I say she establishes. governing and regulating every part of it with the most thorough mastery. She only permits us at our own cost to inflict pain on ourselves. The least knowledge of history is sufficient to satisfy us that her decrees as to property. with impunity is the important consideration._ L 59 _ature establishes a right of property. or puts an end to the existence. . as in the physical world. which we can do. she warns us by the pain that it is harder than our skull.

however._ LAB OU R _. The changes in man's condition. .His system has beenand will be overruled by them. Theiroperation is constant though silenta . bygoing facts. At present 1 rest. The right of property in land. have made that right which perhaps was sanctioned by reason when it was founded.. aretransient and . from its importance.not a better futurity than . deserves to be separately treated of.nd they are leading forward a very different if . rather thanhismalevolenceh . and I shall postpone my remarks on it to my next communication.60 stltution and . Allthe efforts made by the legislator tomaintain hisartificrightof ial property. are gradually restoring what the ignorance of man. Yours. we must advert to the circumstances under which a right of property in land was established in Europe. &c. To show in what manner his decrees as to property have been set aside by the natural laws which establish a right of property. . the principlewhi s ch establish the naturalrightof property are eternal. unsuitable and injurious at present.l_. what the legislator contemplates. and its peculiarity.as vainly" endeavoured to setaside.

Origin of the right of properly iu land.--Appropriation of land in Europe. and improves.--Imporlant principle overlooked by .$. TO H. Sir.--Changes which it is undergoing. over the soil He says accurately. nor could his enjoyment consume more than a small . cultivates. Locke. which nature has well set bv the extent of man's labour. and you will rcadily believe'that I reject no conclusions because they militate. F. and can use.--The quantity of land required to raise subsistence gradually diminishes.j M. BROUGHAM. and the conveniences of ]i]'e . as the very principle I shall borrow from Mr. "' as much land as a man tills.61 LETTER THE FOURTH. ON THE RIGHT OF PROPERTY 1N LAND.R. the product of so much is his property. ESQ. Mallhus aiid his followers. The right of property in land is now to be briefly examined.P."--" This is the measure of propcrty in land. plants. no man's labour could subdue or appropriate all. _'_C.Mr. seems to militate against the power assumed by modern governments.

or of a principle on which men have already acted. aspire to influence the opinions and the destinies of their fellow men.62 part. It is rather aprinciple which. You must be sensible. but which ought to be deeply meditated by those who. but except in the very infancy of society it has scldom been acted on. than the exact description of a fact which has already existed.* Unfortunately. 8_. never can comprehend. which multiplication affects the right of property in laud. and. is not theirs. the land of new colonies. in the long run. It is merely an harmonious agreement. which those wire study it only in codes of human laws. has also provided for the continual multiplication of the species. will guide tile conduct of mankind. rather the prophetic announcement. that the same power which has established a right of property in what individuals create or produce. in short. this admirable principle has not the smallest influence over legislators in dealing out that which. between the physical powers of man and the principles of justice. with the s_cccssive chaages in the condition of mankind. however. so that it would be impossible in this way to intrench on the right of another. as it were. remarked by this excellent philosopher. like you. for examplc. It is a fact of some importalJce in this inquiry. or acquire to himself a property to the injury of his neighbours. 2ghere are many thin_s about the right of property in land. Lockc. 01"CiriI Gorernment_ see. by the bye. . book ii. It is plain and obvious. which the most depraved acknowledge even when they violate them . according to the principle just quoted fi'om Mr. must vary with the qualities and situation of the soil with the "skill alld kl_owledge of the people. that the quantity of land necessary for each individual. of a future fact.

When the earth was thinly inhabited. as well as in diversities of soil and climate. for example. and equally ignorant and destitute. the first known condition of society is that of scattered and wandering savages destitute of arts. now injurious to their welfare. .. They extend their influence over the future. In the earliest known periods mankind were few in numbers. &e. What sort of a subsistence. or tempted by the probabilitv of obtail_iug the means of subsistence.on. in improvements in skill and knowledge. consult Goguet.63 that a species of appropriation (suitable to the period when only a few human beings wandered over the earth) must be injurious when every part of it is crowded with our fellow creatures. of knowledge. once sanctioned by their circumstances and condition. therefore. se. contending with beasts as ferocious as himself. and modern voyages are to be credited. 1.* l-le had no fixed habitat. In fact. each * For the condition of mankind in the earliest periods nf the world. : For the condition of the _cal-huatiog E<quimaux. and wherever he was driven by his necessities.-and alter the quantity to which a man can properly devote his labour. as well as over the past. or fisher.. is deserving the serious attention of the legislator. Paul's ? In the multiplication of mankind. Vol. would be impossible in a nation of manufacturers and agriculturists. a wild hunter. thither he wanclered. we find principles x_hich continually modify tile appropriation of land. and of skill Man was everywhere originally. for a scanty subsistence." Capt. O_izin of l. if ancielit history. the sort of appropriation adapted to a nation of hunters._ Parry's voyages. The manner iu which the multiplication of mankind thus makes a species of appropriation.a_s. From the begim_iog of history to the present day._from Mount Ararat to Melville I_land. could a hunter obtain within twelve miles of St.

and other savages. In the early stages of society. all the land over which they roamed and hunted. using the whole of its produce.64 individual. must then have been very differently modified. like the Indians. though not equal to those required by the hunters. or desart: but like the Tartars of our own time. yet to each one it must have appeared. wherefrom to obtain wild animals. from such a rig!it at present. or each tribe. and of course without infringing on any other person's rights. and the other to the left. or wild fruits.--necessary to have an extensive district. which we know to be large enough to subsist many thousand agriculturists. men became shepherds. all men must have found. each of which was limited by some almost impassable mountain. were necessary to supply a few hunters with the means of subsistence . like the Esquimaux.--might travel over many square leagues of land. and. The German tribes. as it was dictated by very different circumstances. to nourish their cattle and themselves. Each individual would then require more square acres than he now requires square feet. though no individual could possibly care much for any particular spot of ground. if he did not till and plant it. From rude and savage hlmters. ocean. They accordingly roamed over such districts. or like Abraham and Lot. A right of property in land. as theirs. they did not fix their habitation in any one spot within their impassable boundaries. being in a similaJ" condition of society. feeding flocks a_d herds which they had previously tamed_ but even in this conditiot[ they required extensive territories. at present. and in fact it was. just as the Indians of America now find. at the time when history first records their . without encountering any other individual or tribe. Under such circumstances. on tf:e principle of each individual having as much as lie can use the product of. that hunting grounds. they might appropriate. when one drove his flocks to the right hand.

will undoubtedly recur to you as an illustration.65 appearance. became less and less.. Subsequently men became agriculturists. within which he limited his labours _ that small spot. than when men were hunters or shepherds. the right of property inland would not be limited by the quantity which a man could dig and cultivate. he called his_ and then the right of property over ]and. or the hunter. plant.--we learn this most important truth . They fixed their habitations. the agmcu]turist not only required a less spot of ground than the shepherd.--extending our view over many ages and conn° tries. But it is also obvious. looked at in this comprehensive manner. living in moveable houses or wagons. Of course. each one appropriating as much land as he was able consistently with the rudeness of original agriculture. in order to prosecute his art. That spot. including a large portion to lie continually fallow. and then a comparatively small space sufficed to supply each one with the means of subsistence. which he and his family cultivated. and as he deemed necessary to supply his family with food. and cultivate. sistence. No person can deny the almost universality of these great and successive changes in the condition of our species_ and. Each individual found a decreasing extent of surface suffice to supply his wants. to till. but by the quantity necessary for the pasturage of his cattle. that skilful agriculture . became more absolute as it was more restricted. that as the condition of man changed from a shepherd to a hunter. as the condition of mankind was changed from that of hunters to shepherds. and recover its natural herbage. he was obliged to remain in one spot. namely. and from that to an agriculturist so the quantity of land required to supply him with the means tf sub. and from that of shepherds to agriculturists. and around them they fixed landmarks. but. In this state of society.

it being dependant on the increase of mankind. as agricultur_ is improved. third year. Formerly. but the increase of his skill. so more labour is gradually required for any given space. and as men become skilful agriculturists. which is now regularly tilled. which enables him to labour more effectually. the quantity of land necessary to supply each individual with the means of subsistence diminishes. that the population of all Europe has. knowledge has been extended. as knowledge is extended. Agricultural processes are. As he requires a less space to supply him with food. The tillage of the third year is a third more labour vested in any particular spot._ction of agriculture. goes on as beforej and the same principle is found continually to operate. As mankind have multiplied. continually increased since the beginning of. This is a specimen of the manner in which. Thus. and the right of . and as time has flowed on. and to produce more _vithin a given space.66 obtains more produce from a g_ven space than rude agriculture. also compels him to restrict his operations to a narrowing surface. he will naturally and necessarily confine his labours to that. I need not inform you. has also been improved. and as the quantity of land which each one requires to provide him with the means of subsistence is gradually.history. and sowed with some green crop. however gradually simplified . man performs his task with less muscular exertion . Agriculture sharing the general fate. so that a less and less quantity of land gradually suffices for the maintenance of individuals. The same process. the instruments he uses are improved . and the arts improved. after the iutrod. much ground was allowed to remain fallow every.diminished. then. in corroboration of this statement. has also much augmented. and is continually improving. and that the population of the countries m which improvements in agriculture have of late been most conspicuous.

is an exception to these remarks. As more labour is required for any given surface. it becomes necessary that the persons having farms should limit their business of inspection and management to diminishing spaces. however.--a process which for some yeaxs was going on in this country. at the utmost. or nurseryman's possession.67 each individual to own land. is the extent of any gardener's. as in the neighbourhood of large towns--wherever the population is dense. that even the same rule will hold with regard to farms. or farmer.-. the quantity of land which each master-gardener can conveniently manage. Where skill is carried to a great extent. in the . ever decreasing space. not of the quantity of land which a capitalist. and garden cultivation introduced. but. and very generally much less than a hundred. as in horticulture. that the collecting of many small farms into the hands of one farmer. finds it at present most convenient to hire. and throughout the continent. aye. I am speaking. of the quantity of land from which increasing skill obtains a sumcient quantity of subsistence. it will be necessarily confined. Perhaps you may suppose. as labour becomes skilful. compared to the quantity a man may with propriety farm in a remote part of Northumberland. is quite a distinct question from the quantity of land necessary to supply an individual with the means of subsistence. ought to be gradually limited to an ever narrowing. A few hundred acres. The size farms ought to be of. on Mr. commanding the service of any given number of labourers. and such a cultivation is gradually extending itself from every town throughout this country. in the present condition of society. and much labour is reql:ired. Locke's principle. I apprehend. is small. though it appears now to have stopped. (most gardens not being above five or ten acres). and of the decreasing surface to which. and therefore determining the natural right of property in laud .

_8 neighbourhood of the metropolis; but farms of one, _w_, three, or four thousand acres are not unknown in parts of the country distant from the metropolis. As mankind have, in general passed, or are passlng, through the stages of hunters and shepherds, and have become agriculturists--as agriculture, wherever we know any thing of it--that is, throughout Europe, has been gradually improved, and is continually improving and as European knowledge of all kinds, with all the arts of Europe, including agricultures are extending themselves over the globe, giving us reason to believe that the same process of improvement will be everywhere gone through, it may be supposed that Nature, with her wonted benevolence, has provided, that, as men are multiplied, and knowledge and skill increase, which take place universally, and conjointly, a less and less quantity of land shall suffice to supply each individual with the means of subsistence. Adopting Mr. Locke's rule, then, for the appropriation of land,--'" the extent of man's labour, and the conveniences of life," it may also be inferred, that the property of each individual in land, will, by the laws of nature, be gradually contracted within a diminishing surface. That seems to be the natural rule of appropriation. It is effected on a great scale in America, where a few Indians are making way for millions of the descendants of Europeans, and on a smaller scale in all Europe, where property in land is continually subdivided. The legal appropriation and division of land have not, indeed, taken place, on Mr. Locke's principle, or the natural rule; on the contrary, the object of the law, generally speaking, has been, and is, to prevent the natural principles from which the rule of appropriation is deduced, from coming into full operation. For example, the lawglver has continually tried by the law of primogeniture, to prevent the division of land. In relation, however_ to the prevalent doctrines concerning

69 population, and also in relation to every law regulating the right of property in land, I take the general rule inferred on a large scale, from the successive changes in the condition of mankind, and the successive improvements in agriculture, viz. that a diminishing surface suffices to supply man with food as population multiplies, to be one of the most important to which society can have its attention directed.* It ought to be remembered in conjunction with the rule just mentioned, being also of great importance, that when the land of Europe was appropriated, many of the facts from which I have inferred the rule, had not been called into existence, and could not possibly be known. There was an incipient species of agriculture in the Roman empire, but the then prevalent existence of slavery prevented those continual improvements in agriculture, which form one great element of the deduction. It should also be reJ:ollected that the rude tribes, who, on the destruction of the Roman empire, overran and appropriated Europe, knew much less of agriculture than the Romans ; they were ignorant too of the successive changes which had previously taken place in the condition of man, and they could not possibly have had
Are not the complaints, which are now continually made by political economists, and which are not unfrequently heard in the legislature, of the subdivision of land in Ireland,_directed against a part of the inevitable and beneficial progress mentioned in the text? If the subdivision in Ireland is vicious, that is easily accounted for by the whole structure of political society in that country being vicious. I would also ask, if the outcry of landlords and political economists against the subdivision of land, is notan example of that condemnation of every novelty in society, which does not grow directly from the will of the legislator, to which allusion is made in page 39. Is it not rather a blind prejudiced attachment to things that are past, instead of a just appreciation of the present and the future? This remark may show the reader, however abstract the principle stated in the text may appear, that it iw not d_titute of practical application.

7O any knowledge of the important rule for the appropriation of land, to which I have alluded. Knowing very little of agriculture, their ideas of property in land were derived, from a state of society in which men were hunters or shepherds, and when each man required a comparatively large quantity of land to provide the means of subsistence. Dr. Smith remarks, "that laws,"mand we may extend his remark to customs--" are continued long after the circumstances which first gave occasion to them, and could render them reasonable, are no more." The rule, concerning the appropriation of land, just mentioned, not only could not possibly have been known when the land of Europe was appropriated, but those northern and wandering tribes, who appropriated it suecessively, from the first to the tenth century, must have acted on a rule that was borrowed from a previous state of society in which agriculture was scarcely in existence. Land was accordingly appropriated on the principles and habits of their _vandering shepherd ancestors. Even at this day this rule is not generally acknowledged, nor are its consequences attended to. The mind is slow in getting rid of the habits of thought dictated by any pre-existing circumstances, and an opinion derived from times when men were hunters and shepherds, viz. that a considerable quantity of land is a great benefit, and necessary to enable each man to provide himself with the means of subsistence, even now dictates our conduct. Be all these things, however, as they may, it necessarily happened, because there could not be cultivation a ithout appropriation, that the land of Europe was all appropriated when agriculture was in its infancy, and when the great truth I have just brought under your notice had not been developed to the understanding. Accordingly, "' when the German and Scythian nations overran the western provinces of the Roman empire, the chiefs and principal leaders of thos_

and not at all adapted to the present state of society. of Hengist in England. each head of a family needed a large tract. in large portions.71 nations acquired or usurped to themselves the greater part of the land of those countries. of the arts. not at all adapted to the present state of population. Accordingly all Europe was parcelled out by the German tribes. A great part of them was uncultivated. Deriving their chief nourishment from herds of cattle. not according to what quantityeach man could dig by his hand. I transcribe an'extract from Smollett's History of England. that is. that he might not come into hostile conflict with other members of his own tribe. was left without a proprietor. aud from swine. besides 558 which he . but no part of them. and subsequently of William the Conqueror. appropriated the land. in what are now become princely portions. chap. and afterwards keeping up the custom as an amusement. The followers of Alboin in Italy. whether cultivated or uncultivated. but rather according to the quantity his horse could gallop roundA" The appropriation of the * Wealth of Nations. but admirably adapted to the wild life they and their ancestors had led. first as a means of obtaining subsistence. 2. the county of Cornwall."* Can it be supposed that these barbarians followed a rule in appropriating the land that was consistent with the present state of agriculture and of society? And must we tenaciously adhere to the rules which they in their ignorance did follow? They appropriated the land by a rule borro_ved from previous habits of life. and of knowledge . book iii. each chief required a large space to supply himself and his family and followers with food. of Theodoric in Spain. + As a specimen of what is stated in the text. comprehending o88 manors. relative to the appropriation of our country by William the Conqueror. Accustomed to hunting. " He bestowed upon his uterine brother Robert. of Clovis in France.

They did not lay possessed in other provlnces. If they had foreseen the great change which haa now taken place. he gave. They wished to obtain wealth. and made them holders of a national debt. did so by a right of conquest. William Fitzosborne's services were compensated with the whole county of Hereford.roportion of the annual produce. Count of Blois. to be held with all the rights of regality.which he bequeathedat his death to hie nephew Robert de Mowbray. was created count palatine of Kent. justiciary of England. and Lord of Norwich. was presented with the county palatine of Chester. To Roger de Mor. possessed 280-manors. Raoul de Guair.72 land in such large portions was. of Bretagne. The persons who thus appropriated the sell of Europe.and high jasticiary of England. they would not have encumbered their descendants with so much superfluous care. . and that of Surrey fell to the share of William Warren. a claim on a certain definite p. And Geoffry. with the same right of regality. after the fashion of the long-sighted clergT. Hugh Loup. received the lordship of Holderness. was created count. William's nephew. i. as independent of the crown. a large share of the taxes. and rude state of existence. they would undoubtedly have been more anxious to make them mortgagees than mortgagors of the land. than land. as even better than tithes. The next brother Ode. for our subject the original sin . and the rule they acted on to accomplish their wish. as a more efficacious instrument of power. but I do not accuse the appropriators of meditating evil. and would at once have given them. or Earl of Norfolk and Suffolk. Eudes. bishop of Coutance. first of all. Aiaiu Fergeant. was put in possession of all the estates formerly belonging to Count Morcar. page 409. Walter Giffard obtained the county of Buckingham. His son-ln-law. If they had been endowed with prescience. and afterwards the county of Salop. Duke of Bretagne. Henry de Ferrieres was complimented with the castle of Tutbury. If they had known the rule above alluded to. with above 400 fiefs in different provinces. was dictated by the habits of a previous pastoral. the towns of Arundel and Chichester." Vol. and secure power. they would probably have selected. tgomery.

Whatever names. If other conquerors have on some occasions overcome them. not social. or the ebullitions of revenge.'qT CRlblg. Danes." Hnme correctly observes. '" of the laws of England. . on conquest all the legislation of Europe is founded. and privileges so es= tablished. and engraved with it laws for the conquered. 74." it is stated in the A'd/nb_gI_ Review. In appropriating the soil. were little more than the schemes of avarice and aggTandizement. The practicej indeed. The text. Bv an almost uninterrupted succession. Normans. Of the original contract. Power so acquired. 1$_6. or Saxons." says a writer in the Qttarterly Review. made by the strong ag-ainst the weak. though written often upon sand. These conquerors were the first legislators. have been founded originally on usurpation or conquest. founded * Essays. or both. "" Almost all governments. the natural consequence of government founded on oppression."_ And this law. they may have borne."* " The laws. and conquerors and their descendants have been the law-makers. they appropriated its inhabitants. to define it defarta according to modern prudence) is an art whereby some man."t "The first materials.rathe principle is the same. afforded an evil commentary. " Government. :_ For May. was written with the sword. reduced some to slavery. the power of legislation has continued in the hands of their descendants to the present day. they kept it drawn in their hand. or of which there remains any record. is not of the slightest consequence. "" in relation to the inferior classes of society. " which exist at present. but T_E LAW SVSELF WAS Tflt¢ PARtc. it has only been to succeed to their places.73 down the sword the instant they had overrun the land. edifice of Europe. were throughout aI1 European governments. and continued the slavery of others. The countries they overran had been previously cultivated by slaves in a rude manner. were the basis of the present politlcaland legal.

and their own breath. and poverty of the great body of the people. under the blind impulse of previous habits. and this folly is inculcated with as much pertinacity by those who have apparently no interest in making men fools and slaves. I have quoted from Mr. upheld by force and fraud inlended solely to preserve ill-gotten power. as much as possible. and knowing that they have always endeavoured to preserve their own power. that all European legislation was originally founded on oppression. The authors I have just quoted may wish to except from the general principles they lay down the legislation of their own age and country. . the political writers of our day.nquerors have always been the legislators.--originally estabor some few men. Seeing that c_. But the oppressors and their descendants have never ceased to be in possession of the power of legislation. The Prefiminaries. and illustrated by a brief view of the changes of our condition. ignorance. and that system of government. &e. or. The great and important fact. or ill-gotten wealth. of some few families. that artificial right of property. and the supremacy of a priesthood. which it is necessary to promulgate far and wide then is. I cannot avoid concluding. that the law has always been made with a view to preserve. which the northern barbarians. as the only means of social salvation. Obedience to such law is the master-folly of mankind . and utterly ignorant of that rule for the appropriation of land. call on all mankind to obey. that appropriation of the soil. to perpetuate the slavery. may be said to be the emplre of men and not of laws'"_Oceana. and rule it according to his or their private interest _ which. utterly ignorant of the form society was destined to assume. but I can make no such exception. Locke. to maintain the dominion of an aristocracy. subject a city. or a nation.74 on oppression. hung on the doctrine. because the laws in such cases are made according to the interest of a man. as if their own bread.

. I am less anxious to investigate final causes. a scheme of appropriating the land. but as they were general. however. I cannot refuse to believe that they were necessary parts of the great scheme of crgation. not to be the result of natural general laws.This fact. than to state general facts _ and it is such a fact. Your obedient servant. and to make it evident with a view of shewing how nugatory and how vain have been the efforts to set aside the natural right of property. that all the laws of Europe have been made with a view to maintain and preserve by force an artificial right of property. that the laws have not accomplished this object. It is another such fact. is one of the principal objects I have in view.75 ]ished. and at present remain. Neither is it for me to enquire into what good purpose those habits were ultimately destined to promote. and intended finally to subserve the happiness of our species. all of which were originally established by the sword. It is not for me to condemn habits which were too general._ LABOURER. . and a system of political power. I shall postpone pursuing it to another letter. is not so plain and palpable as the former.

what appearsto me to have been the great object of the legislator as to property. and the rise and progress of the middle classes.SION BY" THE NATURAL RIGHT OF PROPERTY'. ESQ.R. IfI can make it clear by adverting.-. in my third letter. --He has failed to secure the superiority of the landlords.76 LETTER THE FIFTH. I explained. Sir.--Iilustration of the usury laws. False pretexts and real objects of the ]egislator. in some detail. and the legal righls of the clergy.The revenue of the state. &C.P. BROUGHAM. and some- . in my last letter I called )'our attention to the origin of the present appropriation of the land of Europe . which seems a measurable substance.--Proofs that his real object of preserving his power. THE LEGAL RIGHT OF PROPERTY IS UNDERGOING SUBVE. even as to property. than mischievous to society.--Alteration in the right of property.R. that he has failed most signally to accomplish the object he has proposed to himself. TO H. F. contrary to the legislator's wiil. to the history of property. and I am now to shew you that the acts of the legislator have not been less inefficacious to obtain his own object. S. has not been attained. --The abolition of slavery. M.

m}_dcd._inion of the law. s are guided by a view to tlkat. aside as me_e pretexts the assertions of tl:e legis- .e legislator 1. Allow me. and t_government.ese objects.to attain the more abstruse and reeoadite objects of prever."t and ambition. was to preserve his own prater. but l_ever promotes_that grows from the laws of man's being. first of all.stor. which grows ont of the division of tabonr. If by social order be meant the _yeat scheme of soeia! production.s. or is like]). mutual dependance.as succeeded in tt. arid _ith that view to kee !) iri the po._ing "]_e great object corJtem. to make it doubtful whether lie can eomprelm_d. Nor is the pretext that he promotca social order better f. tJnt.. _vlto looks only to his own inlere. arid the clergy. his atteu_pts to keep in one state what is continually in progress are mischievous. as to need }m further refutation. to regulate or preserve it. To make that the pretended motive far action. Social order is the mutual dependence of all those _v]m contribute to the subsistclme m_d welfare of society.. all the wealth of society. a_d provide for their mutual wants by the interchange of their _spective products.asession of the landed aristocracy. to notice tt}at the pretexts which the legislator puls Jbrth. and he who pretends that his actim. about preservin. and precedes all the plans of the legislator.cludes the manner in _rhich thevassist ar. I apprehend._ social ruder. 1 observed. I shall do something. atJd ttie do. In 1:act.. must not be confounded with }_[s real oi_ject. It il. that scheme 1 will boldly assert lira legislator frequently contravezms.77 _hat wit}}in the wasp of ]egislatiot_.l promc.. and mutual service. and we are going cooiJv to examine if ti. is so obviously a mere prelext._ crime an. and promoting public good.plated by the lcg]qator. d protect each other. is a_t im_. The 1)hi)lie goorl is not _dzable by lmman fimu]ties. We must then set.

_and if it be plain that he has every where lost.'ers. or confirmed . tile dominion which it has now aequlred.. It is only necessary to compare the past pt_litieal eonditiort of Europe.. and which it exercises throughoutEurope. If then it be admitted. being a full and complete refutation of the opinion that the legislator has preserved his power.'._!ari:. has "' ".. Look at every one of his acts questioned by the press. and we must deal with legislation as solely intended to preserve the power ard privileges of the legislator. the tr_.d.i t_hiciI 1 . whatever persons may stq)l)ose to the contrary in detail.come immediately sensible of t. When we contemplate long periods.:t.fo'resee and cannot .ly i " 3t carried i_ away from t. w. with its present political eondi:ion_ to notice how the power of kings.t_.78 lator._bje(:t k."pt in view by legislators has not been attained. by the legislator ? No i but by the great body of the people. that the great . that the legislation of all Ellrope was originally founded in conquest. or is fast losing his pnwer.he eoatroal of successive generations of la_vgi.. and priests has gr. and that the great object of tt_e legislator has.hout diNcult)" draw numerous illus ° ...!ete failure. comc_ c_carly evident. and by the press set aside.th that society has a course of its o_vn.q. on a great scale.igh_ ui.lu. aP. nobles. it must also bc plain. that he intends to preserve social order. be-.dly decayed.n does t_r_. Has he preserved that power? Is the authority of the legislator undiminished.-eguiate. uhile the legislator has always endeavtmred to maintain their powers and priwleges_ to be. and must have been at every momeut to maintain his o_._ Is it not rather questioned on every side ? Look at thrones overturned] and laws established . I n'.is eon_picuou_ and cou.n power. with which you are well acquainted. and promote the public welfare. '.hlch I.

Since the time when I first began to take notice of public events. but a conviction of the discrepancy between the present state of the law. produced }. and which are fresh in every man's recoUection. to introduce the New Police. my lord. from the history of the last few ]'ears. to undertake the settlement of the tithe question in Ireland ? Have you not. Deceive yourself. and to emancipate the Catholics ? I can now add. has every where passed into decrepitude. and the state of society which created an overruling necessity to alter the law ? Was it the legislator's inclination. the conduct of the legislator. as the representative of the public reasQn. to propose some modification in the tithe laws of that country. and is merging in that possessed b)" the press.ourown motion on the subject of law reform. but in almost every country of Europe. or your unwilling task. What. for example. a disgraceful obedience to the dictates of public opinion. has been dictated by a tardy and unwilling. not merely in England. was it the wiU of the legislatorj or an overruling necessity for a change in the laws. and in his case. or a similar necessit 7 which compelled him unwillingly to alter the Navigation Laws. but learn. . and compelled the House of Commons to set about reforming itself_. and the will of your colleagues. my lord. having lived to see you Lord Chancellor.79 trations of this important truth from the Mstory of the last twenty years i but I shall content mysdf with referring to scenes in which you have taken a part. been forced against your inclinations. His power. which forced you and }'our party into ot_ce. to study the laws. my lord. a_Jd do you not feel that that important question is already practically settled by the conduct of the people. and others no longer. Was it your will also. to abolish the Test and Corporation Acts. and for an improvement in the system of government. which impose on the legislator a necessity of obeyit_g them.

At least they have so professed. that legislation has not promoted. then. England. and the United States. that he has every where failed in his object. or national happiness. and providing as he thinks for the conduct and welfare of the people in the most minute particulars. I admit that the legislator has wished to promote the happiness of nations. and he has exercised it most.at trade. have not made an equal progress. Mthat human industry thrives most when restrictions are removed.. Let me further ask you. and I conclude on this general view. or wealth. what is the main principle of those doctrines of free trade. when legislation does not interfere with it ? The doctrines of free trade. such as France under the old and under the imperial a'egime.80 I may confirm these observations by a more general view. &c. and we only class legislators in the same species as ourselves. prosperity has been least. or their power could not have lasted a single day. and then we see that those countries in which the power of the legislator has been greatest. Supposing national welfare to be the object of legislation. But what is the fact? Happiness being a very indefinite term. let us substitute for it prosperity. Germany. but I affirm that where lie has interfered most. Spain. restricting every branch of trade. when we assert that they have been generally disposed to promote the happiness of the people. in other words. None but demons would voluntarily work mischief. which you and almost all other enlightened men now advocate ? Is it not tt. in wealth and prosperity. relative terms. and cannot promote national wealth. to Holland. those doctrines must satisfy every man that legislation generally has as completely failed . which are co. where the power of the legislator has been less and much less called into exerelse. must convince all who believe in them. and so have the people believed.

" though a great. theo." says Dr. as it has especially failed to secure. and as populati6n multiplies. speaking of the act of the northern barbarians. You admit. might have been but a transitory. To look. already al'_. contradicted by facts? Are the nobility of Europe now in possession of such vast domains. cherished by all the legislating classes of Europe. Smith. Have these devices succeeded? Is the theory. the introduction of entails prevented their being broke into small parcels by alienation. The law of primogeniture hindered them from being divided by succession. as I shall now show you. as I mentioned in my former letter. ''_" Primogeniture and entails. Let us first ascertain what has happened with regard to the landowners of our own country. as the leaders * Wealth of Nations. at the failure of the legislator more particularly in relation to the right of property. and to secure large revenues to the landowners. book iii. evil.81 in effecting what it lyingly and boastingly promises to mankind. either by succession or alienation. and with the land the conquerors engrossed all the wealth of the country. as the landowner and the legislator have been one and the same person. by successive conquerors. that land will be divided into smaller portions. chap. to the clergy. as a means of protecting the possessions of these two classes. . They might soon have been divided again.. I hope.uded to. " The original engrossing" of uncultivated lands. and broke into small parcels. and to the government. that his great object has been. to preserve his dominion over the soil. were intended to preserve landed estates entire. the power of the classes it has aimed to uphold. as agricultural skill incrcases. as I stateA in my third letter. The whole soil of Europe was engrossed in large masses.

and has had its effects even over those princely properties that were once the patrimonies of the Montmorencies. But this increase has been going on for ages.up of the great estates. or a contriving minister. such as tho_e of the dukedoms . Throughout Europe it is manifest. as a fact illustrative of my argument. the domains which the conquerors of Europe appropriated. none of them are masters of such extensive districts as belonged to the immediate followers of William the Conqueror. The Earl of Grosvenor and the Duke of Bedford h_ve _'ery ample possessions. I believe. has of late been too often complained of. when we extend our view over long periods. The effect of the increase of population. but they do not. in dividing and breaking into small parcels all landed property. They are probably much richer than that king himself was.82 of the German hordes occupied when they overran Europe? Opulent as many of the nobles of Great Britain now are. not to be familiarly known. when all the members of the same family have equal shares. and theMowbrays. Without inquiring further into the immediate causes of the breaking. but they do not own so much of the surface of the country as many of his followers did. I am content to state. the Guises. that the quantity of land in the possession of individuals has been gradually lessened. that the land of Europe has been gradually divided. by the laws of primogeniture and entail. which once were in possession of the nobility of Europe. notwithstanding the attempts to prevent such a division. the Percies. though it has been much too genera| to be justly attributed to a cunning king. quite equal in extent of surface the 846 manors possessed by the brother of that invader. since it was first appropriated by the northern barbarians into smaller portions than they seized on. In many cases.

n . in one sense. Sir James Graham says. these estates having subsequently been sold or given away in an almost infinite number of small portions. That motion shews. to limit the privilege of Members of Parliament. whose property wa. _ot liable to judgment debts. and the portions have generally passed "nto the hands of bankers. A man in debt half his nominal income. as the land of the country comparatively is.83 of Normandy and Brittany in France. " Mr. even these small portions are no longer the actual property of those who are their nominal o_sners. merged in the crown _ but the crown now possesses comparatively few domains in either of these countries. could not consent to taking away the privilege of freedom from arrest.. Baring's. for one. Under these circumstances he. They have all been divided and sub-divided. merchants. however. Lambert rose at this early sta_. None of them remain undivided. Lambert on the occasion. clothiers. None of the districts appropriated by the Norman barons have descended unbroken to their present heirs. stock-brokers. and their descendants. is in fact only the owner of halfhis so called estate. and under the bill now introduced. Car down and divided. page 75. remarking that all the other papers concur in substance with that journal. and the remarkable 9 or as it has been called. and of Lancaster and York in England. shews how completely your laws have failed to keep the wealth of the country in the hands of the landowners. merely to protest against depriving members of parliament of the privilege of arrest. those debts might be purchased. for leave to bring in a bill. a brief debate takes place in the House of Commons (February 14) on a motion of Mr. and a member arrested from political or other improper motives. naive speech of Mr. " are encumbered with mortgages. moneyscriveners. ''_ Each estate probably is encumbered * Corn and currency. " that not less than nino out of ten '" of the little pieces into which the estates of our great barons have been split. At the very moment that this sheet is going through the press. There wan acarcely a landed pr. how careful the legislature has been to protect the landlords . I take his speech from the Morning Herald.prietor in the hingdom.

the absolute property even of these fragments of princely domains. four. therefore. The present Bishop of Bath and Wells some time ago made the following observation. on this point. in fact. that it has been proposed to pay it off. that the nominal land-owner is onlythe receiver for two. Have the clergy preserved the share which the law allotted to them ? Wl_ere are now the prince bishops. and in securing the possession of them in their own families. which is so well known to be an immense mortgage on the land. three. in reference to England. in a charge which was published and inserted in the newspapers. They have not succeeded in keeping estates undivided. at what is actually taking place in England and Ireland as to tithes. who formerly taught the nobility arrogance by their example. not onh' has the laud been divided into diminishing portions: but it has passed from the descendants of warlike barons. has been completely frustrated. the spiritual sovereigns. and punish people with death. so that. and enforced obedience by their cunning? Look. Through the greater part of Europe. and come into the possession of the children of their once much-despised vassals and slaves. "' This unjust clamour against our church has been not inconsiderably augmented by the unpopularity which has attached itself to the payment of tithes. or perhaps half a dozen creditors. however. it is plain. divided among a great many persons. So much for the landlords. by making over portions of the land to these mortgagees. The great object. to attain which they have inflicted a great deal of misery on the majority of society--for which they have not l_esitated to wage war. does not belong to the nominal owner. however. at which the legislating landowners have always aimed.84 with several . the public mind has been grossly misled. No body of men in general could have been . Without including the national debt.

The utmost power of the legislature has been unable to beget any such notion . still endeavours to secure to them. and . Now. that the right of the clergy to church property is as good as the right of the peasant to the fruit of his labourS. which the law.--the people have in several counties refused to pay tithes j the ordinary legal force of the government is not sufficient to enforce the clergyman's claims _ and what does the legislature ? Does it say that the payment of tithes shall and must be enforced ? Does it affirm that the rights it ordains shall be observed? Does it now dream of declaring. no. and for many years past the clergy have never been able to obtain above a half. that the Irish shall pay tithes . they continually refuse to obey.85 more moderate in the exaction of their legal dues than the clergy of the established church. so strongly enforced. begotten in the minds of the Irish a complete. but even more confirmatory of my proposition. and to their notions of property. The legislature decrees. exists in Ireland. though so much. the legal right of the clergy to church property. a thorough conviction that the clergy have as good a right to tithes as the farmer has to the pigs and horned cattle he rears ? No such thing. or even a fourth of their legal dues. Have its decrees. my lord. In other words. for the most part. Oh. however. is at least in part an empty name. It appoints committees to find out the best way of making its obsolete laws conform to the determination of the Irish people. The average of the payments received by them has seldom amounted to t_vo-thirds of what was fairly due _ whilst it has. A somewhat similar state of things. the business is carried further. after appropriating their numerous abbeys and fat lands to the nobility. its decrees are set aside by the higher power of conscience. fallen very considerably below this proportion." So that the clergy cannot even at present obtain two-thirds of that small pittance of the national wealth. or continually evade the law.

and certainly. which I regard as a still more conchs.re evidence. and the government. be triumphantly resisted and overcome by the physical force of those who have both conscience and right on their side. refer it is the conviction in the bosom of the Irish peasant. The present state of church property. Within the last few years it has been compelled to remit taxes to the amount of several milllons. it will most probably now. and than they are willing to pay. abolish those laws. namely. that my proposition does not hold good as to government. I allude to the gradual decay of slavery. and the gradual rise of the middleclasses in Europe. The right of property es- . and other reductions it will be compelled to make. demonstrates the two principles for which I contend. hereafter. But I come to a circumstance. as the revenue is. A closer examination may teach you a different lesson_ two-thirds of that revenue belongs to the holders of the national debt. Yea may perhaps at first think.86 should it attempt to enforce them.wis even now rapidly subverting the legal right of property. not willed by the legislator.c pockets of the people. Great. in point of fact. therefore. by which it now exacts a considerable sum more than the peopIe think its services merit. ere long. both in England and Ireland. is only the agent for distributing nearly thirty millions sterling annually among the middle classes of the people. other reductions are called for. and that the decrees of the lawgiver do not establish the rights of the people. that he ought to own what he produces. which is at the bottom of his resistance to the claims of the church. and that the enormous revenue it levies on the people is a proof that its power of appropriation is not decayed. and it must. which the government levies. that the natural right of property. But even that sum it can with difficulty raise. it does not possess an unrestricted control over tl. of a change In the right of property.

when they overran Europe.was established by the sword. . on this principle. under the miserable pretext of its promoting the public go. So completely alien to our present habits and thoughts is this principle of slavery. as far as that could be efl'ected by legislation. Being the masters. They were free themselves. We now so abhor slavery. that we compel those who are dependant on us to emancipate their slaves. then. The original legal right of property. that other men had rights which he could not violate with impunity. Their vassals and serfs had to supply them with food. By virtue of that the[ claimed the land. is the disgraceful and barbarous practice of impressment. that is. or to labour at their bidding. as was done by the northern barbarians. Did they succeed? Where then are now the thralls of England. and every thing that could be made by its help. and of the persons and property of other men. Even the practices of war. The only exception I know of to this rule. which established the wrong of slavery. of this fact. the good of the men so appropriated. and with that all the means of making men slaves. though not regulated by legislation. Those who should imitate their practices would be universally resisted. by which some men are still forcibly appropriated by others._ There are certainly thralls . Their great object was. the labourers are yet unhappily thralls i but they are less the thralls of the landlord than the capitalist. that he who should act on it. to preserve their power over their slaves. they were of course the legislators. We may be sure. but they reduced other men to slavery. and were compelled to serve and obey them. The power of the sword. between the fifth and the tenth centuries. do not now authorize the appropriation of the soil._d. All the men who dwelt on it were appropriated with it. has obviously passed away. put an end to the slave trade. The nation. would be speedily convinced.87 tablished by the northern barbarians.

love. as labourers. were the property of others. and compelled them to labour for the advantage of a master. 271. is an admitted fact. not to legislation. Malthus says. but. Smith. That our people are not still in a state of vassalage like the serfs of Russia and Hungary. p. and legislation."*--to our several other statutes and regulations '" to fix the price of labour. t ]bid. Robertson. but that principle has been gradually subverted. passed in 1350. which are generally intended to prevent it from rising. I refer :you to the statute of labourers. poor and dependant. p. Their business was war. or any other historian. is so well known as not to need any illustration. that I need not refer to the pages of Turner. That they appropriated the people as well as the soil. as I have mentioned. could nat possibly cultivate them. like cattle. " for the most unjust and impolitic purpose. according to Dr. overran and appropriated extensive territories. If you require anyproof of it. 270.88 established by our progenitors. we are indebted. at_d after they became emancipated. That personal slavery was established throughout Europe at a former period. and the land was cultivated by serfs. Has this great alteration been brought about by the legislator. as Mr. which disgraced both the statute and common law of the nation for many ages. to satisfy you of the correctness of the statement. of preventing the price of labour from rising. . to keep them."t and to the numberless regulations against the combination of workmen. and is no longer acted on in any part of Europe. in the first instance. are facts so familiar. and that some men. who. was a principle of slavery. after Principles of Political Economy. to keep the slaves obedient to their masters. That one great object of the law was. or in spite of him ? The warriors. Hallam. after the great pestilence.

" to gratify which. of land or capital being essential to secure even m this country. This great and beneficial change in the right of property has not been effected by the lawgiver." "All for ourselves. the people of Great Britain would to this day have continued in the same state of vassalage as in the twelfth century. It is plain. From the time when William the * See for all these brief extracts. . to preserve institutions. But he has not succeeded. _vho has always endeavoured. personal slavery has been abolished. 4. The claim of some men to possess others as their property is now universally scouted. that the legislator always was. and only reforms to save some remnant of his original errors. book iv. The Wealth of Nations. seems in every age of the world to have been the vile maxim of the masters of mankind.89 natural laws. and is now endeavouring. the meanest. in spite of the legislator. and through a great part of Etlrope. disposed to keep in thraldom and servitude all the descendants of his ancient vassals. from the contemptuous manner in which the working classes ever have been treated by the law--the possession. For my view. it is of much importance to remember. chap. and the most sordid of all vanities. to keep the slave-descended labourer poor and dependant. a share of the common political advantages of the social union. and but for the " silent and insensible operation of commerce and manufactures/'* which the legislator has at every period tried to check and restrain." Consistently with that maxim the legislating landowners of Europe did what they could to perpetuate personal slavelT. and still is. as a rule. " to the most childish. the ancient feudal lords " gradually bartered their whole power and authority. He rarely leads the way in reform. that the legislator always endeavours. and nothing for other people.

and should possess as their own whatever they could make or earn ? I am not acquainted with our statute books. and I therefore shall contentmyselfwith theauthority ofthosewho havetraced philosophically. confined to recording the follies of mankind.and his right toown whathe could earn. however. were not recognised either by the common or written law. and with them the power to defend his new rights against'his former master.On thatI assert thattheright of the serfto personal freedom. this divine decree of the owners of bondmen is to be found. till Lord Eldon's stout resistance against the Catholics. but we must carry back our thoughts for a . by which of his enactments was it accomplished? What law decreed that bondsmen should be free before they had emanCipated themselves ? By what act of the legislator was it first settled that they should no longer be property. I may not be able to confirm this assertion by the authority of those who lived at the time the alteration occurred. the le_slator has sought to preserve principles of government previously acted upon. The progress of civilization is so slow and gradual. and continually compelled him to forego his most cherished views. like the human body. of the many hundred volumes they consist of. that its successive movements are never seeu as they take place. If the change I have noticed were not brought about. you perhaps know in which. history having been. is continually changing . ratherthan by tile routeof laws.the progressof society. in despite of t_he. however. because it was not noticed in any of the chronicles of that period. that it isvain to look for any such gem of humanity. directly adverse to his views has continually arisen. I know.legislator. _oclet).90 First established tile curfew Bell. A state of things. a_ it seems to me. till he had obtained freedom and wealth.in that monstrouscatalogue of follies and cruelties.

Like the hoar-hand of a watch.--for discoveries in science. which is called by the comprehensive name of the press. :Marriages were celebrated as it were before those who had lost the game . The invention of writing. This is an oversight. as if the effects of mechanical improvement were limited to bodily ease and comfort. and would form both an amusing and an instructive book. discoveries in science. Brides.91 long period to learn this important fact. consequently that invention tended to put an end to personal feuds. The chief cause of alterations in its condition. that I look upon the increase of people . In general. _ * lqIume.ught the greatest changes in our political condition _ and almost all the changes in modern times may be traced up to the influence of that mechanical invention. and the desire of vengeance. in his Essay "On the Populousness of Ancient Nations" has noticed the effects of the invention of gunpowder in abating the cruelties of war. After that invention. and to the creation of new wealth. all acts which required to be authenticated were peJformed in public. yet we may be sure that they are the harbingers of a more extensive change in the moral condition of society. did a great deal to meliorate all the bad passions. we do not see it moving. was made known by a triumphal processicta. and to extinguish throughout society per_nal fcelin_ of hatred. and improvements in art. and victory in a contest before a cM1 magistrate. An explanation of the effects of mechanical improvement over our moral condition is yet wanted. who were then generally obtained after a contest. have wr_. were led along the street. and meliorating the character of man. war necessarily ceased to be a personal combat. by putting an end to the necessity for such public exhibitions. Before writing was invented. is the increase of population leading to inventions in the arts. bat we are convinced that it moves. I may perhaps add here. than was ever effected by political institutions. Though we may not be able to foresee the moral effects of the splendid mechanical inventions of modern times. historians have not considered physical changes in connection with changes in our moral condition. Indix-iduals could not fight with mortars or sixty-eight pounders.

the increase of population. not observed at the time. Alexander IIl. and it is certain that so early as the twelfth century. ad the abolition of villenage been the result of a positive enactment. than a law to which exact obedience was required from the faithful. "The time and manner. published a bull for the general emancipation of. to have bee_ rather a pious exhortation. the _nfluence of the press_ are all subordinate t% and dependant upon. for they are silent and unobtrusive. therefore. the growth of towns. which the law has tried in vain to extinguish. is one of the most obscure points of modern history." says Adam Smith. however. '" in which so important a revolution was brought about. subsequently mentioned in the text. however. altering the legal right of property. and altering the political relations of all classes.90 Of such important changes there can be no contem° porary notice. the rise of the commercial and manufacturing interests. the rise and growth of the middle classes. and they can only be ascertained by men who live posterior to the occurrences. and chiefly of the respect for the natural right of proerty. . has satisfactorily proved that the emancipation of villeins. as leading forward improvement. Adam Smith. were brought about in spite of the law. The church of Rome claims great merit in it. the formation of an influential middle class. The several causes. and the comparative decay of the landed aristocracy throughout Europe. It seems. Slavery eontlnued to take place almost universally for several centuries afterwards. there could have been no doubt as to the date of the occurrence. one of our most acute investigators of past events. slaves. till it was gradually abolished hy the joint operation of the two interests above menas the great physical cause of all the moral changes in society. They were the results of natural circumstances. such as inventions in the arts_ discoveries of science.

" While the influence and power of the great lords was gradually extended.93 tioned. for the sake of amusement. and they were obliged to exercise it with greater moderation. Millar's work on the English Government. and even sometimes by pecuniary rewards and advantages. and the greatblessingof civilized Europe. chap. In the * XVealth of Nations. their authority over each particular vassal was necessarily reduced. and that of the sovereign on the other. entrusted by the master with a discretionary management of their farms. becauseit displaysclearly the modein which the multiplication of vassals producedmoderation in their masters. But as from the nature of their employment. which is one of the distinctions. ''_ Allow me to direct your attention also to this brief passage of Mr. as well as to endeavour. as has been formerly observed. that of the proprietor on the one hand. . came to reside in towns) it was found expedient to excite their industry by bestowing on them successive gratuities and privileges: many of them were enabled at an early period to acquire considerable property. by tile multiplication oft heir vassals..._sions. bookiii. and from their living at such a distance as to be beyond the reach of their master's inspection (you will recollect the gradual change by which these masters. If I do not quote many other authors. Tim peasants. but from disinclination to waste your time. were originally bondmen. or slaves. it is not from inability. and some of them were advanced to the condition of tenants. t I have distinguished a passage in the text by italics. and thus points out the natural sourceof that gradual abatement in violent pa. by the arts of popularity." " The improvements made in agriculture (not in the law) produced alterations of no less importance in the state of the peasants or churles. to gain the effectual support of their followers. 9.

consequent upon multiplication of the species. i. p. except perhaps the last. who happening to discover some ingenuity in the common mechanical arts. or servants of the greater thanes. The law-maker. were effected in spite of the law. the tiers etat gradually have arisen. and by working for hire. and arising from it the middle class. but for any person who chose to employ them. did what he could to prevent it.94 natural course ofth. brought about the abolition of personal slavery. according to the rude manner in which agdeulture was then practised. To the ancient lawgiver--the lawgiver antecedent to Alfred's * An hlstorical view of the English John Millar. The possession of these farms. and have attained much influence in the most civilized parts of Europe. did not hinder them from exercising this collateral employment.. p. by . 313. that those great changes which the law did not ordain. vol."* " The first artificers were villeiHs. Accompanyir. government_ &c.-to all of which. _Vhen these people began to be emancipated from their ancient bondage. the law-maker has in general been excessively hostile.ngs these tenants were afterwarda raised to a still better situation. Esq. they drew a regular profit for their labour. the introduction of commerce and manufactures. which he has opposed indirectly by mis-appropriating the produce of industry. no_ only for their former master. 316. instead of facilitating the emancipation of villeins. but his ambition and his greed were overpowered by the beneficent operation of natural laws. were employed by the master in those branches of manufacture which he fouud requis_e for his accommodation. Ibid. g the gradual abolition of personal slavery. they were at liberty to work."t My argument is. Improvements in art and science.

all the revolutions in Europe. whether religious or political. and gradually tending to extinguish it. Because the soil is appropriated by one class of men. wealth new in form. and new luxuries found to gratify them . but to them. the labourers have a claim on them for relief. to the new property which is continually created. even yet. since the tenth century.95 time.class in European society. As men multiplied_ newbusinesses and new arts came into existence . as a secondary cause. and when no other property was recognised but . and the labour employed about laud supplies but a part of the wealth of the community. compared to the time when it consisted only of masters and slaves. and different in kind from any thing our ancestors were acqlminted with. much confusion exists from many persons still speaking of property as if there were only real property. The idea of property seems formerly to have been limited to land. are conspicuous alterations in its condition. and new rights of property to the new x_ealth were continually developed. is now generally held to be as sacred as the right of the landowner to his estate. In fact. new wants were formed. power. or what the gentlemen of year profession still call real property. The multiplication of traders. however. including their right of property. gradually mastering the landed aristocracy. At present the idea of property is much more extensive. new classes of men arose . were quite unknown . must be chiefly ascribed. they. The growth of a middle . was created. founded on the gradual recognition of a right of property to this new wealth. and the establishment of that right. and to their continual growth in wealth. manufacturers. and consequently all their rights. The right. has worked a most conspicuous alteration in all the moral relations of society. and generally of the inhabitants of towns. and this was formerly confounded with the appropriation of property. and artizans. and intelligence.

who were the legislators of Europe. book iii. whom they conside_'ed not only as a different order. 459. than at the laws of human nature. chap. but rts a parcel of emancipated slaves. Hallam's work on the _Middle Ages. the middle classes of Europe. or the battleaxe-wielding king. The wealth of the burghers never failed to provoke their envy and indignation. and the predatory habits of the baron ? No fact seems naore certain. those pedlars and traders. part 3. chap. than that the inhabitants of towns. if the feudal law-maker. He may also look at Mr. and they plundered them upon every occasion. iii. p. grew into influence and power." though he does notseem fully aware of the causes of the elevation. as the authority for my assertion. and have equally subdued the belligerent propensities of the knight. willed the use and growth. 3. The reader may consult this book and chapter for the proofs of many of the assertions of the text. With a too antiquarian spirit. in spite of the landowners. the armour-cased knight. the warlike baron. or have they taken p/ace in spite of his will ? Need I further a3k. altering all the political relations of individuals and of states. I shall content myself with the following pithy sentence. whose quiet and peaceful. " the gradual elevation of those whom u_ljust systems of polity had long depressed. as they have spread through society. " The lords despised the burghers.nt of the four last centuries of the middle ages. and the respect for their right of property. Now the important questions for your consideration are these. See particularly vol. have gradually extinguished all tile regretted glories of chivalry. voL iii. the results of the will of the law-maker. he looks more at records and parchment rolls. and humble occupations. without mercy or remorse. 8. and increase in wealth of. the * WeaJth of Nations. This author places first among the causes which contributed to the improveme. ''_ When the burghers. Is the groavth of this middle class.96 that in land. . almost of a different sl_eciesfrom themselves.

and with them all the wealth of the conntry. nor the most opulent portion of this community. the slaves who had emancipated themselves in spite of the legislating landowning lords. though his continual and ever frustrated aim was to maintain them in submission and slavery. now it is in the possession of the descendants of emancipated slaves. When they had congregated in towns. the contest was carried on till it issued. iu the establishing the supremacy of the middle classes. and were able to enforce their claims. The landowners are neither the most important. had struggled into existence and strength.'ful enough to compel themi but they did not establish it. so that in fact the property of the present landowner is derived from. could not l. at least from the eighth to the sixteenth century. and who plundered them upon every occasion. They acknowledged it indeed when the others became powe. The feudal lawgiver was every where the enemy of that trade which gradually subverted his powt:r. a sort of compromise ensued. Those who were hostile to the middle classes. and the legislator or sovereign ceased his hostility in exchange for a tribute. Forme. For ages. they had to fight their way to security and influence against the sword-bearing law-maker. The great mass of the original laudowners" families are extinct. that is.ave established and protected their right of propetty. as we fortunately experience.97 inhabitants ot" towns. He was slow and unwilling even to acknowledge the rights of his emancipated slaves.'ly. were the property of the legislating landowners. or reprcsen% capital. The . the labourers. or the land has passed from their descendants for some pecuniary consideration . The iohabitants of towns purchased of the feudal law-maker an exemption from his vexatious oppressions. They are far surpassed in numbers and in wealth by the capitalists.

or he possesses the remains of the power of those who did so appropriate the land . and a continually augmenting share. even now forbidden. the tax and the tithe gatherer their claims. But * In page $I. I believe. that all the lawgivers of Europe endeavoured to prevent this by statutes. and you cannot look upon _ociety without being convinced that their exertions h_ve not been _uccessful. 'l_c capitalist may now be said to be the first owner of all the wealth of the community. after he had wrested his liberty from his rz:asters._rest on capital. as such. but the labourer . the labourer his\rages.deed the largest. compound interest being. of the annual produce of labour for himself. all the wealth of society goes first into the possession of the capitalist. though no law has conferrcd on him the right to this property. The change indicated in the text is still in l_rogrcss. it will do no such thing'. and keeps a large. and his annual income _o_v represents the compensation given to him by the good sense of society. and though the Reform Bill is said by its _pporters to be intended to prezcrve the influence of the landed interest. because hc was then able to make them respect his right to use the produce of his own industry. in its progress for the emancipation of bondmen and serfs. read the debates on the Bill. and by the process of compound interest .98 la/ldowner. _ad it is not a little curious. not merely the land. from being the descendant of those who forcibly appropriated. and even most of the land has been purchased by him hi pa}'s the landowner his rent. . and he obtained profit on what he _.zr Defended against Capital" I have demonstrated that this change has been effected by the taking of int. At present. derlves his right to that share of the produce of labour he receives. in. of "Za_o. however. statutes against u_ury. You cannot._asable to save from the produce of his own labour. viz. without bccorniug sensible how very much our le_slators have it at heart to pr_crve the superiority of that interest. e The capitalist was originally a labourer_ or the descendant of a villein. under the name of re21t.

is a complete change in the right of property. that cach individual has a right to the free use of his own limbs.. or receive this produce was never conferred on him di. the capitalist has obtained the _vhole of the landlord's power. as the cmancipated slaves in-creased in numbers and wealth. it being the great moral or sentimental basis of all justice. and those who were the interpreters of his will. as far as my subject is concerned. implanted in the hearts of all. and out of the respect for this _Jatural right of property. and his right to have profit is a right to receive a portion of the produce of thelandIord's slaves. the landlord. which rightled first gradually to emancipate the slave. the loan or use of the new property the slave had the skill to create. such as the ]awl for protecting real property . and the economy to spare . In the case of the emancipated slave. and then induced the landowner to bug from him. His right to share this power. and use what he makes or produces . were gradually forced to respect the right of cach man to possess. by giving him a share of his power over labour. gradually. In fact. did not dare to take. Jn all the countries of Europe.vn up. and now receives. or series of ]a_-. is the power and the _'ealth of the capitalist.99 what he then received. and to the produce of his own labour. is a portion of the _veaIth annually created by labour. But the power of the capitalist over all the wealth of the country. and by what law. may and does freq_eutly overstep it.rcctly by any lair. and which you and other members of parliament have ta'ied to get repealed. the foundation of all property. was it effected ? Was it by all those laws which you ha_'e of late complained of. though greed. and which the lando_vncr. It has gro. under the name of profit. beizJg the moral result of the homage men pay to that great natural principle._has grown up in Europe that new order of society of which the distinguishing feature. ho_'ever.

eman. whenever the legal rate of interest differed from the market rate.I00 from the claims of creditors. The great object of the usury laws was • See Sir. p. but was alwa)'s inoperative. the ]a_. 1'. in the House of Common_. when it seems probable t':-at the market rate of interest will remain permarently below the rate fixed by the law. That. authentic edition. We have a good nlustration of the conduct of the ]egls]ator in this respect. or circumstances quite independent of laws. p. . It never determined in any case the rate of interes_ or usury. the law was continually violated. t'. underwent successive alterations in every part of Europe. in the usury laws. Bl'ougham's speech. owing to various natural circumstances. his laud could not be seized by the credit¢rr. He declared it to be a crime to take usury or interest at all. according to the intention of the law-maker. '_ Mirror of Parli_-'aent_ 1828. the obvious intention of which was to defeat the right of the monied interest. " the ori_nal law of the land. it is in a fair way of being rel_ealed. and the present Solicitor-general's (then _Mr. was opposed to the claims of the capitalist.permitted a certain rate of interest to be taken . When the advantages of doing so had become manifest. that if zt person were indebted to another. and the law subsequent to those alterations was gradually and necessarily altered. t1=ough the _naual profit might be. following as usual in the wake of a custom. which has rendered it altogether inoperati_'e. 107." said the learned gen. to recover from the landowner the sums the latter might borrow. the average or market rate. till the legislator could not help himself. Sugden) speech. but the rate fixed by the law bein_ belou. and when the practice had become prevalent. Finally. M_ty 6th.33 4. " It was. or even steal from the former!* You cannot answer in the affirmative. It was only operative when it precisely copied the practices of the people and the prices of the market. The law. Tuesdny.

The capitalist then emerged into notice. form art important part of the history of civilization. even when he has endeavoured partially to set it aside. There was for many ages a contest between the monied and the landed interests. Now we find. completely emancipated from the bondage and destitution which tlle law. that a large middle class. . however. as well as the right to an estate. They are fast increasing in numbers_ and we may hope. or vainly attempted to be limited by the law. shared his power. not merely the legal right of property. will gradually extinguish all that yet remains of slavery and oppression. In spite._ede unskilled labour. has grown up in every part of Europe. reducing the whole society to equal and free men.I01 to keep dox_aathe monied interest. the serf gradually outgrew his bondage. obtaining from the landlord interest or profit on his property. and when we examlae that we find i't quite distinct from the history of law. ceased to be the property of the warrior noble. with a right to have usanc¢. and men were appropriated by the right of conquest. and. Tile changes which I have briefly brought under your notice. that they. which are rights of property.Nor which the right to have as much interest as a capitalist can get. by fixing the rate both of wages and interest. uniting in their own persons the character both of labourers and capitalists. The right to take interest and to have profit. Subsequent to the period when the latter was written with tile sword. and acquired a right of property in what lie created acknowledged by his master. have been continually denied. m consequence of the respect for the natural right of property. is a part--has gradually altered. as the beautiful itlventions of art gradually super. of country gentlemen. the latter dictating the lairs for its own advantage. that respect for the natural right of property which has been felt by the law-maker. but all the political relations of Europe. sought to perpetuate.

* All these alterations are sometimes attributed to the discovery of America. and in what they create. and with the naked destitution of the savage. is a principle unremitting in its influence. in making laws against its violation. and effectually secures those new rights belonging to individuals.102 All these c'hanges'have been effected in spite of the la_v. which being the original condition of mankind. And by what could these mighty changes be accomp!ished. to the first voyage round the (:ape of Good Hope. and gradually restoring that virtuous freedom. the offspring of palpable physical circumstances. are continually created. as men multiply. and healthy equality of possession. will be unnoticed by it till they can no longer be controuled. and it teaches even those who are most greedy of dominion to pronouncemas. That each individual l. and cated in the text. I contend. which. if not by a Powcr greater than that of the lawgiver ? They have been brought about. to the sagacity of some individual King. and the unbounded affluence of a civilized community.--a severe condemnation on their own conduct. to the intellect of some philosophers. such as that mutual respect for the rights of each other. to the * Laws of entail straint which is. with which Nature inspires all our race.as a natural right of property in his own limbs. The natural right. Through our moral sentimeats. by the moral laws implanted ha our hearts. inform us of the conmust be. are equally consistent with the highest degree of productive power. existing atall times. and the equally benevolent changes now in progress. and the mutual fear of each others equal power. and of which the natural right of property is a portion and a part. and primogeniture. gradually supersedcs the law of the land. Nature is even now gradually overthrowiug unjust appropriation. then. they being as far as property is concerned. used to prevent the progress indi- .

that the constitution and the laws of the country determine all the rights of the people _ and legislators continually act as if every right that exists in society were the offspriug of their kindly care. We are generally taught. overlooking the moral laws of man's being. each of them partially selecting one. What the law did not foresee and create.which was in fact a consequence of the spread of people and knowledge in Europe. gradually overturning the laws of man. that the changes I have brought under . But it is plain. but oilly the dull materialist. and probably necessary to their further progress. are undoubtedly links in the great chain of causation . National wars. and from that to see arising the universal equality which conquest destroyed.Bentham's and Mill's writings. The events to which historians._'our notice. and national debts. ascribe these alterations. were going on long before America was discovered. I have already quoted passages from Messrs. cannot be said to be guaranteed by them. or to any thing rather than acknowledge the Divine government of the moral world. the right of property is determined by natural laws. have undoubtedly contributed to these changes: but directly in opposition to the will of those who coutracted the latter to carry on the former. what it only sanctioned when the legislator . will ascribe to those events the merit of social improvement. to which it is opposed. and to guarantee that in his possession. I am well aware that this statement of facts is decidedly adverse to the prevalent theories on the subject of legislation. what it opposed when called into existence. and the continual practices of legislators. To me it is pleasant to see the bad passions of warriors leading them to mortgage their land.! 103 _nvention of printing. On the contrary. to she_v that they describe the great business of gorez_ment and law to be the determining what each man is to possess. if the observations I have made be correct. and that right.

are in truth._ Before I shew how the natural right of property is guaranteed. it can in no sense be said to have established and guaranteed. Such facts. it may be asked. how. . and for multiplying regulations forevery part of society. could society exist . that laws have little or no beneficial influence over the fate of mankind. I shall therefore. is well calculated to produce so desirable a result. I wish therefore to direct your attention to several important rights and privileges. when properly understood. But if this be true._t. If any thing can abate the present rage for law making. inefficient and incapable of securing respect for its own decrees. A LA_OVRr. and which he has only guaranteed whelz he could no longer oppose them. it may be supposed that there are no guarantees for any rights. of great practical importance. If legislation as to property be as I represent it. the fact to be learnt by an attentive consideration of history. in another communication. Your obedient servant. illustrate this statement both by principles and facts.104 could no longer shew hostility with advantage. which have grown up in societv unwilled b_" the legislator.

Ir seems to me that the leading princip]es of Lord Bacon's. I1ROIJGHAM. and of Mr.R.--Attempts to abolish vJLleinag¢ on the continent. that " man is but the interpreter of Nature.F.SJI _C. --Last act oflegislation.P. TO H.ord Bacon and Mr. vlz. " is a copy of that world.--The French revolution. thro'v a clear and steady light on many sociaI . _[. which when properly understood are identical.--Of the middle ages--Of forgery.--Examplcs of Peter the Great and Joseph II.--The press. Locke's philosoph)_. Sir.--Law-makert in establishing a right of property only copy a previous usage.105 LETTER THE THE SIXTH. Identity of l.--An example in the time of Athelstan--In modern Mexieo. and on the progress of civilization. though these principles have been overlooked by writers on legislation." and that "" all our knowledge of the external world is obtained by means of our senses. LAW-MAKER DOES NOT ESTABLISH RIGHTS: HE ONLY COPIES USAGES. Locke's philosophy." or.Examples of the test acts and Catholic emancipation. ESQ.

I repeat. or even modify to any extent. nor did. and apportions to . must at all times have been derived from what he saw. the relation between maa and the work of his hands--to compel a respect for which is the pretended object of laws_ existed before he thought of supporting the right by threats or promises. but what the sword acquired. seduced by the eloquence of the amiable Fenelon. will confirm the inference already drawn from history. the law afterwards endeavoured to preserve. The species of appropriation he has confirmed. I affirm that law-makers only set the seal of their authority to the rights established. The right of property existed. for in substance the foundations of all knowledge. i't had been violated . Like the philosopher. or rather from it.and youth hot from the study of the first French class-book. the legislator had violated it himself before he undertook to preserve it from future infraction. or the wrongs practised. The notions of mine and thine. not by the law. by mankind. I ask. Where. identical. did lie get his idea of a right of property? He is one of us _ the laws which regulate our knowledge domineer also over him. and in strict conformity with the great principles taught by Bacon and Locke. and prove that the legislator neither could. may fancy that the legislator marks out the rights and duties of the several classes of his subjects.106 phenomena. The deductions we may draw from them. as laid down by these illustrious men are. It was copied fl'om an external fact previously called into existence. The flatterers of kings and oflaw-makers. were antecedent toall law. he is at best but an incorrect interpreter of a part of Nature. a right of property. a. and his notion of that relation we call property. originate and establish. existed prior to his decrees. Not only did the right exist.d the relation of man to what he fashions or produces. The appropriation of the land was made by tim sword.

for we are still a prey to the procrastination and fiction of the law administerer. the rule of our lives. that protection against the sword ofmajestff. as Mr. like ldomeneus. or prescribed the duties of bis subjects.107 eadi one. or the revered Maneo Capae. and the admission of the Catholics to share the civil rights of the rest of the community. and that all our civil rights. partial and incomplete in this respect though it yet be. and making the general reason. against the injustice of the judge. as they have become powerful and wise. who have enquired into the progress of society. from Magna Charta down to tile abolition of the Corporation and Test acts._are truths of which no reader of history can for one moment doubt. and freedom of judgment (imperfect as they yet are). by their gradual increase in wealth and numbers. Hallam says. as contrasted to the caprice ofindlviduals. and the despotism of the ]aw-maker. and against the plunder of the noble--that our security.-that every civil and religious privilege of which the people now boast--that freedom of trade. and guaranteed their enjoyment--an assertion which he has sought to make the general creed of mankind--but . have purchased from their governments privilege after privilege. or won them out of the iron clench of the legislator. have been gradually and slowly gained by the exertions of the people. it has then been very flatteringly asserted. But the mature men of this age. cannot for one moment suppose that he ever has established the rights. When the people._that all the blessings of freedom. have compelled the legislator to make laws consistent with the rights which gradually come into existence. That every blessing of fi'eedom we enjoy. his task and his reward. and freedom of the press. or the not less revered jesuits of Paraguay. toleration after toleralion. and are acquainted with the manner in which the inhabitants of Europe. giving force to the gradual increase of their knowledge. that he has conferred these rights on them.

will be perfectly fruitless. and the wealth and power of the dissenters enabled them to enforce their claims. and confirmed it in their possession. the legislature was obliged to give them a specific sanction. compelled that parliament to give them full religious freedom. Of this I am fully con_-inced. that any attempt which may be maxle to thwart the spirit of liberality and intelligence. government% which are subordinate to it_ would be impotent to do so. is the power which aztually governs all our affairs. applied to the actions of government do notsi_nify a power lupenor to its decrees." This power. and guarantees all our rights. If that power did not preserve social order." said Lord John Russell. I can assure them that the country governs them quite as much as they govern the country. at all times galarantees and preserves them. in the debate on the Corporation and Test acts. but the same power which compelled the legislature to affix its seal to these rights. which is daily increwing in this country. if the terms of constraint continua_. via. that the opponents of the measure cannot ultimately resist. public opinion modelled by circumstances. but when the general knowledge of the age made intolerance hateful. and even at present. Language has no meaning.y. " I am sure that though its opponents may for a time retard it_ they never will be able to prevent its final accomplishment. Whatever kings or cabinets may think of the power they possess. that the question of the repeal of the Test and Corporation Acts was settled out of parliament before it received the legislature's sanction. * " With respect to the object of the motion. we may hear praises chaunted forth on the toleration of the government.The government resisted the repeal of these Acts as long as it could. Not to go beyond circumstances well known to every man. and which governs cabinets more than they govern countries. . in spite of its continual opposition.I08 which can only be true if the parliament of England bestowed that physical power on the Catholics.* Hereafter. to confirm this view I shall merely remind you. which renders attempts to thwart it fruitless. on account of the protection and guarantee it affords to the rights of Dissenters. by which they have at length.

.109 At length. have been compelled to cease from persecuting the Catholics.you l_ave no choice but extirpation or toleration. Leveson Gower's speech. than see lier near to us by position. on Thursday. butI had rather have Ireland as she is. and their power. With shame I confess that it has been tlSed. and were not previously conscience stricken at the effects of their own injustice. Their numbers their wealth._t. May 9th. The same lesson that is blazoned on the page ofeverv other history : th. to satisfy" the reader that the Catholics have grown into wealth and power.vhatever else determined the legislature to concede emancipation against its frequently declared will.* Those who are in love with law. in w. having alarmed such of the Protestants as dreaded a civil war. to attribute any great virtue to a few speeches. putting a question xvhich an obsequious * It is hardly necessary. thank God.. _rith far different success in Ireland. " _luch had been said of the power of the Catholic clergy in Ireland: What was the lesson to be drawn fi'_m the history of its rise and progress_. the legislature and the church of England.ergics ef reli_ous opinion. or the apprehensions of that strength. . the evils of that country I deplore. that I am induced to quote it. also. the Catholics have been placed almost on a level with the rest of the people.hich as much is said for. Yet. dear to us as she ought to be. is so appropriate. or ." . to quote any authorities. the living _'itne_ that the sword of Cromwell._on I deprecate. which I am not. or the statutes of Anne had succeeded to the fl'll extent of tbelr sanguina W m_d unrig_too_ a2ms. I have seen too much of the process of manufacturing acts of parliament. in spite of the law. the power and principles of the Catholic rdig. however unwilling. by every tie that can bind sister countries together. may tell us that the constitution or the legislature guarantees and secures the rights of the Catholics. The fol_er course has been tried with success in Spair. as against an opinion--to the hoclls pocus of a man in a large wlg. manifested in various associations and acts of display. but to me it appears that the strength of the Catholic arm. and as _he is. but the following eloquent passage in Lord F. if xou wish to deal with the nascent cr. is the power which gtmrantees and secures toleration. but.

appeal to facts to justify every'opinion--and all our opinions m_y therefore be said to be formed by facts. Wonderful " force of public opinion. The writer of the article from which it is taken is only wrong in throwing doubts on the utility of this species of fatalism ormeehanism. Practically considered. sets in a clear light the force of public opinion. to reverence as I do that fatalism or mechanism he now denounces.e living power of public opinion which compels the legislature.or if heso pleases." See Edinburgh Review for dutte. _ The freedom now enjoyed by the press. as yet respecting its existence--to go through these mummeries. to:> much of your proceedings to join in the opinion. as Lord Bacon says." We must act and walk in s. that an act of parliament establishes and protects rights.llpoints as it prescribes . . and then I see that tl. we are shackled in heart and soul with fax straiter than feudal chains. our creed is fatalism . I say. and free in hand and foot. I can attribute no such miraculons effects to the ridiculous ceremonies and mummeries practised at Westminster. and to a clerk of a parliament reading a few words in Norman French . tlle true church of England. 1829_p. like the rowers of some boundless galley. is in fact the power which at all times secures all the rights of every member of the community. is a still more * The following brief quotation. "uniform in dress and movement. realise the sum of money. when most correct. and unnecessary to tlle great scheme of society. extraneous. "We stand leashed together.llO majority answers as the minister bids. which it is obvious the legislature has not volunttLrilyeaUedinto existence._he has only to be aware that the mind is. I put them aside as wholly extrinsic. theDivinity himself. but we must not do it. follow the traffic it bids us . in the long run. or we shzU be lightly esteemed. or of God. the degree of' influence' it offers. certain mouthfuls of articulate wind will be blown at us: and this what mortal courage can front! Thus while cirri liberty is more and more secured to us. as it has been called. This and that may be right and true." this writer correctly and eloquently remarks. or by emanations of the Deity. He has only to recollect that the external world.--I have seen.ultimately corrects all our opinions--for all men.457. moral liberty is all but lost. only a copy of Nature.

and the assimilating powers of the plant it is formed into new matter. The press grew into influence and power in spite of Star-chamber titles and imprisonment. not the judges. it rules both over the throne and the legislature. constituting the growth. it is iucreasing in respectability. the inquirer into political science is not content to record the views of a legislv. which are gladly waived to connive at its bold aspirings.ture or a judge. he dissects them. where. and carrying the living juices to every branch and every bud. and traces the sap-vessels drawing nourishment from the earth.111 striking example of the same fact _ because impelfect as that freedom is. an account of their proceedings . against the inclination of the judges. by the combined agencies of the sun ancl the air. and in magnitude in spite of tile libel-law . because all classes and conditions of men are sensible that they are necessary for the welfare of all. the flowering. been conferred ? By no law whatever . and public opinion. when he detects in it the cause ._on. gradually but silently abstaini. in spite of the privileges of either House of Parliament. When he finds the legislature and the judge gradually. conferred on the press its rights and privileges. Public oplrJion. in influence. it wafts to every cornerof the globe. they are exercised and acknowledged in direct opposition to tho law. In like manner. B7 what law have these most importalit rights and privilege. recognizing the power of the press . continually maintains and extends them. An inquirer into the laws of vegetation is not satisfied with describing the appearances of plants. and he looks for the source of their altered opinions and improved conduct. it has not yet received the positive sanction of the legislature.ng to enforce against it the rigorous laws which are yet in existence_ and when he traces this forbearance to the power of an improved and concentrated public opinion. and representing the general rea. but tacitly. or the fructifying of vegetables.

In the long run. in fact. or felt. but those opinions publicly expressed dictate their actions. of which the chief is public opinion. and create the mind and temper of the lawgiver and the judge. are the actual guarantees. he ascribes them to the altered circumstances of mankind. which determine first. all opinions. and ti_e actual means of protecting the rights of mankind.ese examples of our right freely to speak truth of and to the legislator himself. it is evident that the legislator hat . not to the better laws.112 for gre_ter humanity in the judge.: like the mind a_d opinions of a chemist. which are formed by the chemical knowledge of the age in which he lives. or the law administerer. Tile circumstances which dictate the "opinions. such as changes in the numbers and wealth. more or less complete and accurate.--and not the technical expression of those circumstances put forth by the legislator or the judge. is a copy of that world. which gradually come to prevail. when we _eek to ascertain those material cite. the press being a power neither acknowledged nor avowedly obeyed by either of these functionaries. Thus we go to the fountain head. and greater caution in the law-maker. is an illustration of the manner in which both ofthe:n have their minds reduced to an accordance with the prevalent opinions and practices of society. and the decrees of the judge.instances. if it do not inspire. are not unaccountable and miraculous. and the better administration of them. "/'he influence of tlle press in controlling or overruling the enactments of the lawgiver. In tl. and of our right to worship as we please. the material world is sure to correct. the general opinions of society . they are the result of what is seen. or known to be the state of society at the time. the actions of the legislator and the j ndge. Neither of these fu_ctionaries can dictate the opinions of society. The mind and opinions of tile lawgiver. and secondly. The mind. and social relations of mankind.

on the affairs of America. is rather true than flattering. "To follow. let its rights be what they will. and frequently in opposition to his will. and the conclusion drawn. or acknowledged by his forbearance. Time has rai_d these great interests and populous towns. however. rights that have grown into existence without his permission. but a steady step. For my part. and a specific sanction to the general sense of tlle community. is tile true cud of legislature. I have always endeavoured to modify. In advance of that great innovator I have never been. not to force."--Mr. May 5thj 1829. lending the sanction of its clear and delightful phraseology to the opinions and rights already existing among its subjects. and it is the business of & statesman to move onward with the new combinations which have grown about him. given by Mr. When it goes beyond this. must follow and obey the general sentiment. are not insensible to the manner in which society is govenacd and reg-ulated independently of them. The observations in the text were written many months ago."* is a truth which his wisdom frequently enforces. the public inclination. Huskisson. If I do not put myself in advance. I ought to follow Time. a form." is the accurate definition of legislation. it only embodies the customs of the community in a legal and precise form of words." to give a direction. with a cautious and prudent. by those who . the pressure of these circumstances. that it is wiser to look to the overruling circumstances. but as a proof that those who most strenuously insist on holding fast by legislative authority. " When gentlemen talk of the dangers of innovation. its authority will be precarious.Burke. with Lord Bacon. Such a description of your presumed high duties. may not be enforced by the following remark. a technical dress. than to the overruled will of the legislat3r_ for the causes which have promoted.': "Those who will stand at the head of affairs. vie. Huskisson's speech on the motion for disfranchising Eart Rctford. . " the)" ought to remember. * Letter to the sheriff of Bristol. not to force. that Time is the great innovator." says Mr. and for the means which will promote_ the welfare of society. is not unworthy of attention. When the legislature fulfils its functions in the best possible manner.113 only confirmed by his declaration. A king.

it is because the object I have in viewl. that power will be for ever amaihilated. however. will.. as they are expressed by its representatives. His ministers in turn are supposed to go_ern both him and the nation. in relation to tile power of the nation. but tile fear of that nation is continually in their minds . and as rich as the Dissenters. in fact. their responsibility weighs on them. which cannot be denied .es beyond all such . and they conform to its wishes. give validity. or even a body of Atheists as numerous as the Catholics. If I have not entered. What else it may have to register. tile legislature would be compelled to grant them all the civil rights enjoyed by the rest of the people. In like manner. from that time forward. Its power is now derived from echoing those sentiments. whatever luxuries he may enjoy. and when men perceive this truth.]14 only learn from the court-crier that all justice is administered in his name. which puts a seal to the general decisions. as most writers do. to the public sentiments without the necessity of its visa. and were the Jews. is supposed to possess great power . but the last decree to which its seal will be affixed. attributir3g to these alterations that great change in the right of property. he is a mere instrument for affixing the sign manual to tlle business his ministers bring before him. releasing" the Dissenters and Catholics from the disabilities former limes imposed cn them. the representatives. to form a part of the community. or parliament altogether may be considered as only a sort of mechanical stamper. is in the womb of Time . the judges are said to have sought occasionally to prevent the accumulation of land in the hands of individuals and corporations. It has certified and registered the decree. if I do not inquire into the stratagems and cunning contrivances by which. at various times. of tl:e gradual alterations made in the law relative to tile tenures of land. and shall not enter into any examination.

though embodied into somewhat permanent decrees of past legislators and judges. and in the great majority of cases the law was only subsequently altered. and tile judges did that . Persons fond of prying into law books may inform us. of which the)' were the imperfect copies. our antiquaries and historians have looked only at the letter of the law. to make it conform to alterations previously made in that right. to inquire into some of the great alterations in society. . so besottedly attached to a form of words. than into the flecting thoughts. They have been so desperately in love with the sentences put together by the lawgiver. and regarding it as applicable to all things. but the more rational enquiry is into the circumstances. that they have ascribed to language every thing good and valuable in society. hereafter determine his mind. Holding to the principle of Locke and Bacon's philosophy in all times and places. as well as all the alterations which have taken place. The lawgiver was originally called on to protect a pre-existing right of property . I look clfiefly at the alterations in those rights to which the judge and the lawgiver have been gradually compelled to make their decisions and enactments conform. it seems to me of more importance to inquire'into the determining circumstances. Generally speaking. or natural laws which compelled the judge to do this. that at one period the lawgiver did this. Now. and as we may be sure that such alterations will. They have never looked further than the parchment decrees. and have neglected to notice those successive changes of which the law was a copy. and the law-maker to do that_ or which brought about the altered opinions which have gradually provailed amongst legislators and judges. I have passed over the decrees of the law-maker. as the latter alterations have in former times determined the mind of the legislature and the judge.115 verbal copies of pre-existing rights.

if it be at variance with the customs of a people. but whether tile law be borrowed from another country. of transplanting laws. and a few more illustrations of their inability to do more than sanction customs. or be born of the fancy of a native lawgiver. and cares not to employ his military power to enforce obedience to some whim of his predecessor. Damont and Mr.I16 The power as well as the utility of ]egisIatorsj seems to me therefore to be in general rated much too high. extsting more ira- . by the power of his guards. or even the impossibility. but his power was unequal to his wishes. and he had the vexation even to see his lhansrendered abortive. are publican or representative government. e legislator may will good or evil. it can only be made the rule of their conduct by force of arms. cannot effect any great alteration in the customs and conduct of his peopie. but whatever he wills. his successor has whims of his own. Bentham have explained at some length the difficulty. From the hereditary respect which the inhabitants of the Netherlands bore to the house of Hapsburgh. the chief protectors of the Catholic religion. and rights ah'eady established. usages. If it accord not with their customs. M. but since his death the Russians have returned to the venerable custom of wearing beards. may not be thrown away. to compel some of his Boyars to shear their chins . his power is very circumscribed.. The individual law-maker soon runs his course. like Peter or Joseph. and impose new duties. can make no difference as to the difficulty of bringing it into practice. and the fears of individuals living in a community composed of different and hostile tribes. however excellent. cannot establish new rights. The new law consequently ceases to be enforced and obeyed. Joseph II. Pe:ter tile Great was enabled. from one country to another . If a despotic sovereign. was able to effect a trifling reform in the church of that country. His failure broke his heart.

were still practised in spite of the law. as soon as they acquired power. embracing several centuries. and had both taught the principles of mutual service. seems to me little more than a contest between laws and customs. &c. or to commit plunder.the sovereigns. cannot possibly attempt even to introduce laws not sanctioned by the customs of its subjects. Even after tl. plunder and war. I might multiply. fulminated decrees against those who prosecuted their revenge. their efforts were quite unavailing. on the inhabitants of the lowlands _ while among the . A century has yet scarcely elapsed since the chiefs of the Scotch highlands kept in their own hands the po_ver of administering justice after their own manner. to the clergy and to the sovereign. neglecting to quote the volume and page in which documentary proofs of the assertions maybe found. In fact. and within the same period they were in the habit of making excursions to levy black mail. such customs continued in our own country almost to our own time. but as both the sovereign and the clergy acted on the very principles they condemned. The whole history of the middle ages. that I shall only briefly notice such as my memory will supply me with. baronial excursions to prosecute a feud. or carved out their own fortunes with their own swords. The clergy denounced and excommunicated feuds and maraudings. e inhabitants of towns. instances of laws failing to effect any alteration or improvement in the morals or manners of a pcople_ but the fact seems so obvious. on which all trade is founded. had grown into importance. and had strengthened their power. and the whole of Europe was one great scene of reciprocal contention. on their own estates. after a fashion of their own .ll_ mediately under the controul of opinion. without any other difficulty than seeking m a few books. and almost all the countries of Europe. prosecuting their own peaceful pursuits.

or his ministers delude it in his name_ the other deceives the parish officers .tinual increase of mankind. to abate a practice which is consistent with their own every day behaviour. The general disposition to plunder which prevails. have been powerless. to be regretted. till the extension of trade. and enforced by a large fee-exacting or salaried judge. that in acknowledging many natural causes for the continual increase of civilization. It is. and the general customs of society. on the middle ages. illegal fraud and forgery are but the rankest shoots. or the mere means of subsistence. beat down individual power. which are the basis of all mutual exchange. . The decrees against them. however. front high to low. promulgated by a palace-loving king. solemnly sanctioned by salary and place-hunting nobles and squires. in the philosophical work of Mr. Hardly any of its consccluences s I believe. and failed completely to make men respect each other's rights.lib claus private feuds continued. he should have overlooked. and spread through. supplied passions with less mischievous gratifications. the invention of new arts. and universal plunder I have just alluded * The reader will find numberless examples of the truth stated in the text. and the importation of new luxuries. have yet been accurately traced. but it is the custom of the people. to obtain splendid luxuries. One deludes the natioti. the con. is probably ahabit of action transmitted from those ages of predatory warfare.the land those principles of order and reciprocal service. and of this universal custom. slowly brought a new class of men into existence. Hallam. and led frequentIy to bloodshed and murder. introduced into the community other tastes. The decrees of the law-maker were inoperative during the period I have refelTed to. .* For many years the law has been sharply directed in this country against forgery and fraud of every description. which is the most marked part of all the material social phenomena. on false pretences. from the monarch to the peasant. in this instance. as almost all authors have done.

The same sort of thing existed only afew years ago..e ir.119 to. it was with some difficulty that they were permitted to hold the rank of gentlemen. * An Historical View of the English Millar. It exists also in the western hemisphere. We have a similar testimony to the impotency of laws in Mr." as they are called.dustrious classes having too closely followed the fashions. i. would not be more unalterable than at present. therefore." says Mr. that the Indians of the capital seemed. with certain appcndages usually possessed by gentlemen of that fortune. the " niggers. failed to procure for the opulent churle all the rights and privileges attached to the property he possessed. are now as badly treated. That gentleman states. when the power of making them shall have fallen into the hands of those who live by the produce of their own labour. p. Ward's account of Mexico.. even at that early period. and the laws will only seem to effect an alteration in the general disposition." "' Such was. 31& Government_ by John . and aped the manners of their idle and worthless masters. it might be supposed. In those l arts of the United States where slavery has been abolished. " that by a statute in the reign of King Athelstane. and procured the treatment suitable to men of that superior class. as much domineered over. Here is a precise and specific example of laws failing to influence customs. the original inferiority of the peasants. tl. Esq.sed to independent circumstances. " We find. or even yet exists in Germany. Miller. when in the hands of one nobly born. was declared to have a right to all the privileges of a thane. however. vol. a _:hurle who had purchased an estate consisting of a few hides of land. that though they had been ra. when'customs.* The law. and so strong were the habits connected with their primitive condition.--their society is as much scorned as before they were emancipated.

Both Maria Theresa and Joseph II. and the consequent more rapid increase of national wealth. and the more cautious repetition of those decrees at a later period by Prince Hardenberg. The custom of obedience was of course far more influential than the words of the lawgiver. Have they succeeded ? I know from personal observation. at the service of any white who chose to command them. industry and skill. The peasants have rarely made any use of the power given * See this gentleman's work on Mexico. emitted by the celebrated Prussian reformer Baron yon Stein. have endea_'oured to abolish feudal servitude. for an additional and rather an amusing anecdote of a pfiesb which illustrates this subject.es. have induced tile sovereigns of those countries ill which the conversion has not _et been fully effected. and thus lo make them wealthy. to hasten it by decree_. I know also from personal observation. which brought all the elements of society into new combinations. in Austria. notwithstanding the number of years which have now elapsed since the first attempt was made in Austria.120 when he was there. 1828_ article Mexico. and those who had declared they should be free. have not accomplished their object._ The advantages which have accrued from the gradual conversion of villeins into free labourers in some of the countries of Europe.blications. under its influence. as well as from _'arious p. notwithstanding they had been declared fi'ee citizens by the constitmltion. or see the Westminster Review for April. that the laws for abolishing feudal servitude in Prussia. like the inhabitants of Britain or Holland. continued. that a population of free labourers is yet to be called into existence in that country. and the present king of Prussia.wthe greater inge_uity. to treat them like sla_. possessed by the latter. . to change the right of property which exists among their subjects. though they were aided b)"a revolutionary ferment.

and in that part of Prussia where personal servitude prevails. on the return of the Bourbons and the emigrants. on the payment of a reasonable compensation for the services they are now bound to perform. though they were seconded by several years of revolutionary confusion. and partly there is among them a deficiency of means to make the compensation required. equality was decreed. none of that new wealth has yet been created or introduced. Sir. that in general legislators have done all in their power to repress it . and the people were invited to divide the sp. and did not eradicate from the hearts of the people the respect in which they had been nurtured for their ancient masters. was not effected bylaws.oil equally amongst them. without compensating the landowner . The laws of confiscation. and never formed a wish to change them. that the failure of the law in Pralssia to effect the object contemplated by the legislator. Jacob's First Report on the Agriculture of the North of Europe. Partly they have been accustomed to hold their lands on these conditions. It would be plainly impossible for ttle law-maker to carry such an alteration into effect. The particular disposition such laws enco_lrage is thought to be so strong. when so many circumstances were favourable_ is a proof that the gradual emancipation of the slaves throughout Europe. which in past times effected the emancipation of villeins in other parts of Europe. were found insufficient._. At an early period in its progress. See also Mr. . The old proprietors were banished. a national sale.et those laws did not produce equality in France. to convert the farms they euhivate as serfs into their own property. and the quiet possession of the land for several )'ears under the emperor.121 them by the decree of 1811. to make the new owners satisfied with their • It may probably strike you. * Perhaps the French revolution affords even a more striking example of the inefficacy of laws in altering established rights. That it has failed.

failed completely in their intended effect. to some of them a voluntary surrender of purchased rights was made. which for _ears terrified all the opulent people of this country. and there is at present very little more equality in France. and were followed by alarm lhroughout the country. The glories of their old dynasty were for a time obscured by the fresher splenclour of Buonaparte's victories . either as to possessions or persons. and the sentiment of worship were the same. than there was prior to the revolution. and obtain a conscientious right to the land they now hold. Thirty millions sterling were voted by the French parliament in 1826. The people only transferred their affections. for them. If any doubt should be enterrained of the single facts I hare alluded to. therefore. for I do not pretend to hunt up any other authority than memory. Consc.122 titles. but the longing after some human idol. whether the laws be decreed by a wild democracy. 8ome of the emigr. and paid almost without a murmur by the people. unless they accord with the feelings and habits of the people. no doubt can De entertained t[aat the decrees establishing equality. they _'ill be inoperative and powerless. enabled them to obtain what had been his property. and they fell down before the idol of the republic to lift up their eyes in adoration of the empire. The law changed names and forms. and perhaps of all Europe. or are copied from their customs. . on easier terms than other persons. to my argument. They had long worshipped the old monarchy. to put an end to these claims.ants were quietly reinstated in the possessions of their a_cestors. but it did not change the custonrs and opinions of the people. almost wi!hout opposition. or an arch despot. to others money was offered if they would sign a renunciation of what they had never possessed . and all of them found that being the heir to the person dispossessed. It is of no consequence.entious apprehensions were felt.

! 23 This principle of the ii;efficacy of Iaws applies to reforming the laws; and nothing is better known than the fact that bad laws are retained lol_g after it is ascertained tha_ they are bad, because they are closely and intimately connected with the habits of a people. A written decree is in fact originMly the offspring of a single mind ; and no one mind has much influence overa whole natiot2. No single reformer %ho precedes can ever represent the general sentiments. Bad laws therefore shQuld not be swept away by new laws, but be suffered to fall into desuetude, which is for all parties a gradual and safe extinction of evil. The reform of laws, which it is now desirable to promote, is not to ir_troduce a body of new enactments, but to bring legislation into contempt. Ir_ all questions of reform, the happiness of the reformer himself ought not to be lost sight of, and in general reformers are so much annoyed, that when they perceive the safer path I have just indicated, they will not be anxi:ms to encounter popular odium by substituting new laws for old ones. We kno_v, indeed, that one self-snfi_cient secretary, who plumes himself on adopting the wisdom of others, has been enabled to transmit his name to posterity on some acts of parliament; but his reforms were so gentle, and had been so long demanded, that he encountered no other opposition than a fe_r professional frowns. Another secreta_-, however, (Mr. Huskisson) who acted with greater boldness than Sir Robert Peel, was driven from office, and was publicly insulted, for carrying into execution reforms which, in principle, have long received the sanction of every en. quirer, but are not yet recognized by the mass ofsociet.y. Very few reformers are held in honour, and there m neither patriotism nor humanity in sacrificing one's self to obtain only the execration of our fellow citizens. I conclude from these statemer, ts, that laws are t.,pied from rights existing in practice, not rights

124 created bylaws. There is a close connection between lhem_ but a vulgar materialism, which must have a tangible foundation for belief, commits the mistake of substituting the piece of parchment for its immaterial cause, the opinions of society. With very few exceptions, such as the artificial community of Sparta, of which we know but little, and some religious communities, the ]aw-make13 whether he be an emperor, a Icing, a prophet, an archon, a consul, a baron, a provost, a mayor, or a burgomaster, has only endeavoured by his enactments to enforce the customs, and maintain the rights of the people for whom he legislated. The people, from respecting the legislator too much, may have endeavoured to preserve his laws, and to act on them long after they had ceased to represent the circumstances of society ; and he by endeavouring also to fix at somc one point what nature has made progressive, may have modified rights as they came into existence, and hare had a considerable influence over the formation of rights subsequent to his enactments _ but in general, the law has only expressed in wordsj and endeavoured to enforce by penalties, the practices, whether right or wrong, which previously prevailed among, and were generally approved of by, the people for whom the law was intended. The boasting lawmaker then, llke the theoretical philosopher, does not get one step beyond what he sees. When he glories in his profound schemes, he ought to be reminded that they are mere copies of some absurdities already carried into execution. Our Bank Restriction Act, and our Police Law, conforming in some measure to our peculiar circumstances, to take two examples, have both of them existing prototypes. Among the despots of the continent, it was a common trick to make their subjects take their paper as money, before the despotic Mr. Pitt recommended us to follow their example. Police systems, somewhat similar

125 to that Mr. Peel (now Sir Robert) is at present promoting, have existed for )'ears on the continent, in all the perfection unlimited political power can give them _ and, judging from the atrocious crimes still continually committed in France, where the police is organized in the best manner, they are just as ineffectual in preventing crimes as the old watchmen of London.* If we were curious on such subjects, we might perhaps, trace these pleasant devices up to their very sources, m the acts of some blood-stained and ferocious soldier, seizing the provisions of the in" dustrious peasanL promising by a sort of tally, if he could not write, and by a bit of paper if lie could, to pay for them at a future time, and when that time came, postponing the payment by his own lawless will. to a more convenient opportunity,--or establishiz_g some rigid system of surveillance over the peasantry, whom he had first phmdered of all they possessed, and then appropriated them as he had previously done their cattle. Deeds of this description are the monads, the first little nervous threads in the life of such laws, as the Bank Restriction Act, and of such schemes as those you dignify by the name of police. Most of )'our boasted enactments are found, when cxamiz_ed, to represent the barbarous customs of a barbarous people, and to have no better origin than acts of outrage, or s_stems of plunder. I have already shewn you that the right of pro-, petty is not an exception to the general rule. It does
* It is a well ascertained fact, that crimes against the person 9 violent crimes of all descriptions, are much more numerous in France, where there is such an admirable police, than in England, where there is comparatively none. See tbe report of the Keeper of the Seals to the French king in 1S°6 and 1827; the report of thecommittce of the House of Cornmons of 1828, for enquiring into the increase of erimes_ and the work of M, Luca% Sur le Sy_t_rne .Bemd.

and as they modify the customs of men. and when there was no public opinion to controul the career of the governing class. The principles which have already produced tile changes noticed. but they have every where declined in power and splendour. when all the causes which formerly conspired to weaken the power of the landowners now exist in tenfold force. and still tend to the same results. it is the height of folly in you legislators now to make laws with such an object in view. What may be called the practical deduction from these facts. and is not modified by him. and that an alteration in the right of property has accompanied the ruin of his power. who a few centuries ago had nothing but what the owners of land pleased to give them. they possess more conveniences than their ancestors.126 not spring from the brain of the lawglver. and that dcclension is still in progress. and always representing the customs of a past age. saved the landowner from comparative decay. As the laws have not in times past. The gradual and continued declension of the landed interest throughout Ehrope since conquest ceased. and cannot be arrested by human contrivances. " at certaintles_ and the others at uncertainties_ at the end . it had its origin in the actions of mankind" their customs have ever since modified it. the cleduction that ought immediately to influence the conduct of legislators. compared to tl:eother classes." as Lord Bacon expresses it. It arises from physical circumstances. have vainly endeavoured to maintain. when the legislator had more power than at present. are still in active operation. Such as it now is. is obvious. always copied from. "" The usurer being. were produced by natural causes. the gradual rise of the monied and the commercial interests. the law-maker alters his decrees. which the laws. Those who live on rent have shared in the general prosperity. We have seen that the power of the landowner has been gradually overthrown. and have gradually altered the right of property.

which has been least." The laudowner has been overshadowed and stifled by the luxuriant growth of commercial and manufacturing wealth. at present that produce forms but a portion of the whole wealth of societs'. and every beneficial change in it to the law. fi'om our law relative to property being partly unwritten.127 of the game the money will be in his box. as in England. When the land-ownel_ were mighty there was no other wealth in existence. see Popuhtr PoliticalEconomy. bringing on himself contempt and hatred. it seems to be supposed that the adoption of the Roman laws. is only to be equalled by the patient ignorance with which the rest of the community suffer him for a season to inflict comparative poverty and comparative famine on the whole. partly follo_ving previous * For an explanation of this circumstance. to say nothing of the barbarous nature of the laws themselves. who can be the ownel_ of nothing more tha_ the produce of agrieultm'% has declined. page 147_ and the note. who are fond of attributing even the very existence of society. is disproved by those alterations and improvements not having borne any proportion to the influence of those bins. It is one of the last attempts to preserve by legislation the superiority established by the sword.* The pertinacity with which he resists the abrogation of the Corn Laws is dictated by despair. but this opinion. . the comparative power of the landlords. were the causes of the alterations and improvements I have brought under your notice. It is plaits. and from our judges having workcd out a system. he hastens his fall. and the influence they gave to those who interpreted them. As the other descriptions of wealth have come into existence. to which lJature has decreed a termination . where tile improvement has been greatest. we not having adopted the Roman law. By some of those authors. by deciding cases as they were brought before them. but the rude produce of agricultural skill. and his short-sighted obstinacy by which.

and partly straining them to meet.'particularly as to property in land. they have followed. the various slow and successive improvements which interrened between the first appropriation of the land. and at a great distance. no man pretends that the right must be altered and carried back to the old law.ile the law being nearly unaltered.. which now exists among us . that new property and new rights of property. but no more settles our ideas of mine and thine. and not by alterations in the law. All the remarks I have made. aria confirmed by the fact that the alteration demanded in o . cannot be doubted. as wel as from the other circumstances I have mentioned.d be altered. according to yon. hare approximated it more nearly to the right. The facts. On the contrary. and our present right of property. of which the law'was originally only an imperfect copy. That at present there are many discrepancies between the law relative to 1.roperty. and l. wl. I need not recommend. is the object of the numberless commlsstons and committees which have of late inquired into the state of the law.gradual alteratioas in tile right. have gradually arisen.ow this may be best accomplished. for sach as have been made.]28 decisions. tile laws are not vet adapted. or the rights. it is generally demanded that the law sl. and be made to conform to existing rights. is generally acknowledged. because the gist of that part of your celebrated speech which relates to our law concerning property is. enables the diligent antiquar. That these discrepancies have been caused by. have been changed. such arguments to your attention.y to trace the 1. the equity of each particular case. and no more secures us in the possession of our rights than the Talmud or the Koran. But under these circumstances. and followed with a very lingering pace.ou_. that our laws have not created the right of property such as it is. to which. and the actaal right of property.istory of man's delusions. according to their ideas. however.

from the alterations which have taken place in past times. that the law neither establishes nor guarantees. That power which in past times has c3ntinuall'. not in law books. is such as will make it conform to the rights the people already possess or guarantee to each other by their mutual opinion. if it be historically true. far superior to any thing tie ever contemplated. so as to make it oppose as few impediments as possible. to the bringing about the results ordained by nature. I might exp ti_tte on the subject at great length. depend oil the law. those who assert that social order. If tllese observations be correct. I shall reserve this. has always esia[.129 the law. and in what manner natural circumstances have. in gradually rest6ring the natural right of property. Let th/_m. nor maintains the rights of individuals. and therefore are willing to guarantee. what the future alterations are likely to be . guaranteed that right of property which they haw continually intl'oduced. but among the people. for another epistle. and in principle well founded. but I shall content m_-se!f with shewing in what manner the law has not. first of all to enquire into the rights which now exist. and finally. or think they ought to possess." overruled the decrees of the legislator. to try and adapt the law. A LABOVRE_. however. and in the mean time rest from my task.li_l_ed and preserved a social order of its own. and th_ existence of society. that it would be more rational for your commissioners. and to ascertain. must look for nothing but confusion and anarchy. On this principle I affirm. . however be reassured.

Property of tradcrs.lly said. or regulate the natt.--Protection aflbrded by law against governn'. Sir. REAL GUARANTEE OF THE PROPERTY.]30 LETTER THE SEVENTH._OUGHAMj ESQ.RoS. Havingvio!ated or destro)ed it. limit.--All rights are guaranteed by opinion. TO II.reSource of the opp . has been of the greatest use in promoting national welfare. ral right of property._ lilustr:.tions of opinion g_larantceing righL% not ]aws.qte mi_takc.. RIGHT OF The existing light of property is guaranteed by opinion_ not by law.P.-. These assertions are contradicted by the facts 1 have brought before you.ents. for even inter- .--Domestie rights.--Tenants at will in England and Italy. ]5.j M. that there is no guarantce for property bnt what the law affords_ and that the security of property guaranteed by it.F. _:C. IT ]S very generr. The origin of the mistake seems to be this : It]story informs us that the governing and legislating classes of society have very generally sought to restrain.--lll_str:aion of Turkey and Britain.

but they were only wr_ng from the legislator by the dread of that growing powcr in thc people he had not been able to annihilate. that they will not to a certain extent interfere with the natural persuasion that we shall be permitted by them to enjoy what we produce. a guarantee against the repetition of their flagrant outrages.]31 ference is violation. respect the natural right of property. They are declarations on the part of some original wrong doers and their descendants. they may be called. The butchcr-wolf has seized a lamb. is copied from this single fact. They bestow great praise on security of property. and such a security and guarantce may have been found in laws. The theory of those who say laws create rights. and encourage him to do his work orderly. Considering laws for the protection of property as promises made by the legislative and ruling powers of society. was needed by the released serfs. the pretcnded watch-dogs of the flock. and they have extended this fact to all the classes of society. that the natural right of property should be defended against the exactions of the legislating classes. that they will. I admit. Bentham and his followers. With a strange oversight or inconsistency they found on the circumstance of the ruling classes having violated the natural right of property.. as conducing to the prosperity of a people. and emancipated inhabitants of towns. The authors of it have been duly sensible of the necessity. A security against their oppressions. guarantces. a necessity for these ruling classes to rctain a po_ver to regulate their own unjust appropriation. all other men require some guarantee against them. decently. . and with decorum. and is tearing it to pieccs _ and Mr. within certain lilaits. bark aloud-To make him desist ? NO! but to sanction his proceedings. who have been by the silent and insensible operation of natural laws approximated to humanity and justice. They al_.

and we can only prcserve thein in this reasonable species of obedicnce by our intelligence. A regular compact has here been entered into between the peaceable flock and the wolves. We have been able to subject our feudal masters to a certain regular rule. it is security against the cadis. if private depredations are greater in Turkey than in Britain . it is security against the rapaciousness of government. In the restraints thus imposed on the avarice and exactions of our Divan consists that security of property so much and justly vaunted in Britain. and against fraud. not procured by the legislature for the people against each other. At least they have ceased making open war on the flock. It is a security. but obtained by them against the ir. not against the unjust exactions. and as large a quantity of the whole as they can possibly exact. looking at our criminal returns. to limit the exactions of our law-makers by some certain rules . is i_ot a security of the property of labourers against plunder. and which is described as the foundation of our greater industry. there the tribute is still levied by the sword. in the same manner as it was first exacted by the warlike prophet and his immediate descendants. the secret thieving or cpen plunder of individuals. pachas. and superior nationaI wealth. industry here pays regular and stated tribute to pompous profligate idle_less . and sultans of our society.aposer of taxes. for it may well be doubted.132 peal to Turkey and to Britain. muftis. and at the frauds which are daily practised. Col_sidering laws for th_ . and the latter receiving a stated. and only privately in the gmse of shepherds. take as much as they can without terrifying and revolting the peaceable industrious people. In this country we have been enabled by a series of circumstances.anting and possessing such security . to shew the effects of u. promise to allow the remainder to fatten in peace and tranquil!ity. but the greater security which exists in the latter than in the former.

That a law does not give us security against each other. supported by the opinion of the people. relative to a fight of property. or instinctive.]33 protection oF property as limits placed to the unbounded. and the actual guarantee of enjoy= ment. It has of itself no power whatever. or the significant black marks within it. that all men do. as society increases in numbers and civilization. as it is gradually created or altered. is evident by considering what it is--a piece of parchment.--but from our knowledge of the opinions and moral character of our fellow men. and can only be carried into execution by the resolves of living men. as far as that original and natural. where the people are even more ignorant than the judges what are the provisions of the law. expectation is confirmed by experience. ultimately rely for tile security of their possessions on the mutual respect they have for each other's rights. under any other view they appear intended only to protect oppression. is not derived from the material parchment. The actual right of property. the natural origin of which I have pointed out. and which are extended through all the relations of life. containing a declaration of the opinion of those who drew it up. Any law. or ought to exist. can only be a declaration that such a right exists. is secured by the consequencea . is founded on the effects of those principles of respect for mutual rights. by the natural right of property modifying the artificial right. a fact which cannot be doubted in this country. therefore. An act of parliament derives all its force from the sentiments of the people. and must. and determination to enforce that opinion at any given moment. Our sense of security. Our persuasion that we shall be permitted to enjoy. and it is quite consistent with all the opinions already advanced for me to state. indefinite and capricious plunder of the rullng classes--the former conquerors of the soil--they cannot be too much praised .

which inspired the legislator with respect for his rights actually guaranteed them against all other men. being the descendant of our conquerors. from the multiplication of his class. or the opulent burgher. of tlle emancipated serf. and as a new right of property came into existence. and then gives him. bands of duty and happiness. he could never do otherwise than recognize it himself. was respected when the use of that propert). it was respected . is obviously founded on the natural principle of the right of property. The right of the labourer to personal freedom. as new wealth was created. as a capitalist. is contradicted by every part of history. The assertion that a right of property is created by human laws.f those laws which call it into existence. that nature gives all wealth to the labourer. or not yet possessing a sufficient power to resist the united . The legislator. has never liberated man from the silken and flowerv. When he. or to obtain a profit by employing it. The Benevolent Power which has gradually broken the iron fetters of the landowner. and they were unable to force it from him. and therefore we may be sure that the principles which compelled his obedience. begot in all other men motives to respect his right. it was recognized and acknowledged by others. and when he was able within the walls of his own place of refuge to protect that right. was able to claim that right. and not till then. however long it was overlooked.134 c. the circumstances. The actual labourer deeply respecting. was more powerful than any other individual. must have been of paramount influence over the rest of the world. is obviously founded in the common princii)les of our nature. the power to defend it. was desired by others. in like manner the right of the free labourer to own what he produces. Thus. whether it was that of the Catholic or the Dissenter. In like manner his right to receive interest for thc loan of that property. in every page of which you find evidence that the power.

the capitalist. and the law-maker. protects the rights and enjoyments of all. or. is continually guaranteed by the same circumstances as create it. The painful fear ceases. you will see. and inspiriDg us with anger and indignation when it is disappoiJ_ted by the conduct of another. and men respect the rights of each other after the application of personal strength to protect them has ceased to be made. and compels him to be just. the priest. and the insecurity of depending on the consciellccs of our fellow men. and grey-headed statesmen have ]argely dilated on the security of law. notthe law. arises among men. and look into societ_v. The persuasion that we shall be permitted to enjoy what we make is natural and necessary. In the progress of society. inspires that other with apprehension. that the . when the habit is established. the apprehension begets a habit of acting justly. The right of property. The laws themselves exist by sufferance. finds in fact that his right is neither acknowledged nor protected. and rousing us to exertion. which constitutes a mutual guarantee. Beardless youths. Those who distinguish between sufferance and right. such as it is therefore. and the legislator and the judge. do not seem to me to be very accurate observers. they are kept l_p and preserved by our moral sentiments. the latter being sufferance put into a particular form. and cannot possibly have any greater power. and is the theme for learned speeches at debating clubs. If you will but put aside the statute-book. and this sufferance and forbearance. if you please. When such a distinction is analyzed. Such a distinction forms the basis of many an eloquent parliamentary oration. A sort of sufferance. or give any greater security than those sentimcnts from which their force is derived.133 claims of tile landlord. and ceased to be dreaded. They depend on our willi they are suffered to remain by us . of mutual forbearance. no difference between right and sufferance can be discovered.

they should ever be dispossessed of their lands. made them place a mutual confidence in each other. when they became too numerous to live in his ou'n house. so they entertained no apprehension that while they were willing to fulfil their duty.ther the superior required any specification of the services to be performed. and by which the number of military retainers was therefore gradually augmented.136 greater parts of the rights of men and of women. from natural affection. a_:d the simplicity of their manners. the privileges belonging to this order of men were naturally increased. who. and their condition was rendered more secure and comfortable. of common acquaintance. not guaranteed bythe law. are not guaranteed by any. " which determined al]odial proprietors to shelter themselves under the protection of a feudal superior. future disputes. "In that state of society. and have no other security but the mutual respect of man for man. and even of those who live in hostility. for centuries. and from ancient habits. As the superior had no reason to suspect that these men would ever be deficient in fidelity. so that ne:. or the terms of his possession. or seek to withdraw their allegiance.law. and prevented their being apprehensive of an). the dearest and the best. you will see that most of our domestic and civil rights. The original vassals of any person were the members of his own family. he voluntarily bestowed the possession of land for their maintenance. Here is a picture of a large portion of society living for years. as well as from the consideration of expediency. nor the vassal any express stipulation with respect to the duration." says Mr." " The intimate connection between the parties. . or the moral feelings of individuals. in the secure enjoyment of a right of property. Miller. from a reciprocal regard. of parents and children. of neighbours and friends. were strongly attached to his interest_ and upon whom. for they have rights.

and that in many parts of England. they have not even a lease of their farms. as if their leases were enrolled and registered in Chancery. all under the same roof. and all customary tenures fall under this description.. p. and king-posts of positive enactments. descended to our own thnes . and even to this day. that this mutual regard for rights between landlords and tenants. who is alone accountable to the proprietor of the soil. J-A Tour in Italy and Sicily. vol. or snuff-boxes. having all the army of its black myrmidons to enforce them. . by J. I say.nding" as any written eng'ag'ement could be . were properly no more than tenants at will_ and therefore entirelff dependant upon the superior. i. and wall-plates. though in fact their ]and _ras commonly permitted to remain with them and their posterity. Here then. as of disturbing these mere customary tenants in their possessions. and their children after them on the same. and rafters. and it is not uncommon to meet with families composed of thirty or forty individuals. "' The peasants of this province (Bologna)are not proprietors. IS28_ page79. child relt marry. existing through long periods without any of tile tyers. we have evidence of the whole frame-work of society. Wyndham once said of them. tenants at will cultivate their farms as secure in their possessions. &e. for centuries.Simond_ London. but retain possession b)" a sort of tacit understand_r.137 Thus the original vassals.g'. The proprietors. would as soon have thought of stealing poultry. up to comparatively a recent period. and acknowledging a chief or head. * Historic View al . generation succeeds generation without a change of tenure .'l" The same understanding generally prevails between landlord and tenant _ for the latter gets in his harvest. deemed as b:.303.* Sir. I need not remind you. Here is another example of the same fact in a distant land and a different age. as Mr.

and the cotton-s. The master principle of all modern prcduction is division of labour. by whose labour lie is fed. and these rights are relations esta* Ibid. the result of circumstances. or mutual co-operation . All this security constitutes a state of things to wl. or one out of two parcels of hemp ready prepared for the purpose. the work of your alehouse-licensing. Out of this mutual co-operation of different tribes and nations."* Has this state of mutual confidence passed away ? Are there now no examples of men relying implicitly on each other in this country? The examples already quoted were found among the land-owners: look now at the commercial part of the community. or rather of the reciprocal laws of matter al. pewter-pot regulating enact'nents? !s it the work even of any human being? It is not. is the reliance of one class of men on another fc. fully relying on having their wants supplied bv those who live here. without his d_eming it necessary to inpect those which the tenant keeps for himself. which is the very soul of all trade.d of mind. who comes only to choose one out of two heaps of grain. because the influence and power of laws are limited to a district.pinner of Manchester may be utterly ignorant even of the existence of the Polish serf or Irish peasant.. . devote themselves to one species of industry. gameselling.principle.138 threshes his corn.r subsistence. and under the influence of this .ich few other countries offer a parallel. out of this instinctive confidence. It is a blind instinctive confidence. Is this mutual confidence. men on the other side of the globe. The same confidence is shown as to the produce of the vineyard for every other tubfull of mashed grapes is sent to the landlord. without being overlooked by the landlord. and shells his maize. new rights of property continually arise which cannot be protected by laws.

etc."_Traitds de Legislation.xux Iffdes peut m'appartenir tan0is que l'habit que je porte peut n'etre p. 8. and not standing much in awe of the lawmaker. and under its impulse he may be carried forward to such fine exhibitions of himself as are worthy of all admiration. he says. In how many cases must men engaged in trade entrust their property to other men. . being a beautiful illustration of the natural right of property. "Pour mieux sentir le bienfait de laloi.'ts "hmoi. premiere pattie. qui est actuellement . It is very noble when the single utterance of his * If the most striking incon. but whether of the legislator in India or Franceis not added. To me it seems quite certain. '" The commercial man. Paz' Et. is said to be the work of law.qlstencies in the writings of theoretical men had not long since ceased to surprise me. 5." This relation of a man to a piece of cloth in India. according to Dr. chcrchons. which are created or acquired by men living under different governments. whe has no power in India. Dumont. chap. Dumont's work would certainly have had such an effect. and who we may consider therefore to be little under the influence of the priests. has. but what is derived from a sense of moral obligation ?* In how many cases does the idea of one man. make his right to use or dispose of it respected over half the globe. and to commodities In places where they dwell not. 2 ed. " Une piece d'etoffe. Those relations of property. Dumont_ nor the legis/ator in France. Nous verrons qu'il n'ya point de pro2oridt_ naturelle qu'eUe est uniquement l'ouvrage des ]ois. and in places where no laws can reach ? I quote from an eloquent preacher an exquisite picture of this mutual confidence. the existence of tile two fi_llowing passages in the same page of _I." (who neither reads his bible nor goes to church. cannot possibly be provided for by the enactments of any one state. over whom they have not the smallest controul. who does not know any thing of M. nous faire une idle nette de la propri_. that this right to own the cloth in India is ecnferred neither by the le_slator in India. having produced or purchased a commodity.139 blished between men living in one place and commodities that are then in another. Chalmers.) " a natural principle of integrity.

who look to our agency for the most faithful of all management. as she has done fi'om the awarded confidence of those men of all tribes and colours and languages. 31. as does the honourable dealing of her merchants . Nor do we think. though separated by oceans and by corttinents. with all his fears for the treachery of the varied elements through which his property has to pass. that this high character is no longer deserved t but that the confidence existed cannot be doubted. all his fears. that all the glory of British policy and British valour. who. when he fixes the anchor of a sure and steady dependance on the reported honesty of one whom he never saw : when. and sleeps in the confidence that it is safe. are far eclipsed by the moral splendour which British faith has thrown over the name and character of our nation_ nor has she gathered so proud a distinction from all the tributaries of her power. that either the renown of her victories. when we behold the credit which one man puts in another. p. con. to believe. igns to him the wealth of a whole flotilla. There is some reasonp unforturtately." * * Discourses on the application of Christianity to the commercial and ordinary affairs of life. when perhaps the diameter of the globe is between them. and to our keeping for the most inviolable of all custody. tie knows. and the legal obligations which are required of other men. so signalise the country in which we live. as if he had accompanied that utterance by the signatures. We know nothing finer than s_lch an act of homage fi'om one human being to another. when he looks at the faith that is put is him by a distant correspondent. indeed.140 word carries as much security with it. . It might tempt one to be proud of his species. the securities. an animating thought. that should it only arrive at the door of its destined agent. It is. or the wisdom of her councils. and all his s_lspicions may be at an end. withotrt one other hold of him than his honour.

it was not to strengthen their respect for the property of a man living on the other side of the globe. chap. not a burgess. had any effect on the merchants.* * At a period when every town was a walled fortress. however. the law in almost all Europe. there was some reason to bejealotm of aliens. in seizing the property of foreign merchants at the breaking out of war--that great anomaly which the hired butchers of their fellow men dignify with every hollourable appellation: independently.Ill It is somewhat remarkable. and only sometimes. refused protection to the property of aliens. that this principle of Integrity. were continued and extended by those who did not comprehend the reason _f the enactmen b when the circumstances which justified it had passed aa_). to which that jealousy gave rise. calling merchants pedlars. Sir. Independently of those breaches of faith--profligately scorning all moral principle. as a matter of special grace and favour. has not been promoted by laws. which. The laws. "_Pill they had become as powerful as plundering barons. and every man.. of these breaches of faith. If the reader require any authority for the statement of the text. tlle laws were any thing but friendly to commerce. and treating the foreign trader as only fit to be plundered. committed by all the governments of Europe. for natives and foreig-ners. Leviticus. 24th. the law was made by those who despised them. and despised all trade as mean and grovelling. in the shape of double and treble duties. If the law. an enemy. of different laws prevailing"in different countries in the most ancient times. . on paying a heavy tribute. and this mutual confidence among the merchants of different countries. There are proofs in the oldest books. Those who recei_ ed it were often obliged to do so secretly. therefore. See among others the Bible. are enough to weaken the integrity of every merchant. during the time that trade was silently struggling into importance. and were able to protect the new rights their industry had created. by the force of example. guaranteed to the alien his life and property. In the early stages of European society.

Hallam says in another place. bailiff. or ot'ler chief officer of the city. p. resident foreigners were liable. that the privilege of English subjects._poiled and plundered. and therewith buy English merchandi_ _rithin cight months of his arrival. and shall have 2d. Long after that period. the law from that time pe_itte_l no rapine but its own. 460. in the pound for all merchandise by him bought or sold. and even so late as the reig-n of Hem T VI. The same alien shall sell all his merchandise for other money. both in their goods and their persons. et seq. as 1 read in . Do parents and children.. to answer for the debts and delinquencies of their non.n3erson's History of Commerce. formerly prevailed throtlgh the larger part of society. parents and children." vol. under the statute of Westminster. toMr. I presume. who shall survey all his buyings and sellings..resident countrymen. borough. they were confined. look to the laws to guarantee to them their individual possessions against each other ? Have they no sense of security but what the lawmaker supplies ? My little experience bids me ans_rer these questions in the negative. husbands nd wives. and lands be concerned.'tant duties. rarely appeal to the I shall begleave to refer him. they were prohibited to be master tradesmen_ ibid pa_ 515. cap. By Magna Charta. to sell their own goods.142 In addition to the mutual respect of landlords and tenants for their reciprocal rights. As Mr. 4. Except large possessions. among others. which merely means.vard II. were extended to foreigners . page 400. and that before that time. that they might bring their commodities here. " No merchant alien shall sell any merchandise in England to anotl_er merchant alien upon pain of forfeiture thereof. I shall now quote an illustration of a similar respect pervading our domestic relations at present. Hallam's work on the "Middle Ages. fl'eedom of trade w_ guaranteed to alien merchants. u/x_n pain of forfeiture thereo£_lSth Henry VI. a law was passed _hich contained the following enactment. . By an act of Richard III. though in no wise the offspring of any positive institution. iii. to their own vessels._. and register tl:em in a book. that it was only in the reign ofEd. jointures._ut the payment of cxorb. where we learn. which. do wives and husbands.-Anderson's Commerce. not with. shall assign to evelT such alien a host or surveyor. vol. but without beit_g de. however. or town whither any merchant alien shall repair. The mayor. the same autl:or says. and certify them unto the Exchequer. i.

till his son gives proof of his capacity and integrity. if it extend to all our domestic relations.ives. and a persuasion that each will be permitted to enjoy what i_ his or hers. it protects the possessions of the clergy. be determined without any reference whatever to law. unassailed by any rival claims of members of the same family. would have no motive for exerting himself. when tile latter arrive at a certain age. and very often retains a right of property over that wealth he entrusts to his child. but that it protccts or guadantees the possessions and enjoyments of tile industrious classes. of husbands and _. In fact. and in most of the transactions of life.ched into the world. how much of the actual possessions of each. It guarantees the rights of the land-owner as far as it can.ds than gives the necessary stock. does the law guarantee _. deriving no security from the law. because they do not know them. In the middle classes. The prudent parent. provided with a small capital to commence business. it gives the taxeater his bread. however. he does not need its assurances _ he has a confident expectation that his parent will allow him to retain what he acquires by the use of the property ca- .143 law. They may look. but against their relations and friends and neighbours. in the great majority of cases. I ask. indeed. to the law for protection against strangers whom they mistrust. One great part of the b_lsiness of life consists in parents providing for their children. if the conduct of parents and children. rather ]er. The great majority of the middle classes ]lave a sense of security. and we should therefore e>:pect that the child. The law would support the father in resuming the possession. they never think of what the la_ prescribes. is only true if it bs found prescribing our domestic duties and protecting all our individual possessions. they are frequently laur. If we find this sense of security pervading every house in the country. without the law being ever present to the mind.

in the same manner as the properties of the precious metals. . through all their complicated relations to one another. and he does not ceaze to be industrious. Those young people who remain dependant on their parents till they have proved themselves worthy to be trusted. from the evident relation of the savage to tile first rude products of his untutored skill. in these cases. does not guarantee to each man what he produces_but of the mutual respect for claims and rights which naturally grows up among individuals. and extends. Being willing to believe that the natural right of property. of money and of credit. and worthless. as they multiply. Thus. because the law is not on his side.seldom or never render themselves of any use to the public. dissipated. if he deserve it. it is plain. let it never be forgotten. On the contrary. consequent thereuoon. I ma). we find s strong sense of security giving birth to manly exertions. too frequently turn out idle. and of other commodities. extends its influence. The persuasion that we shall enjoy what we produce. leave him in full possession of that property. those who are secured in the possession of a certain property by the law. over all the ramifications of civilized life. where we can distinctly trace the operation of the law guaranteeing the possession of property. as in our domestic relations. we find its effects any thing but virtuei and where we trace the total absence of law. llke the heirs to entailed estates. are the staple of all that is honourable and industriou_ among the tradesmen of the country. determine their relative value and all the minute phenomena of trade. borrow from the few facts I haye here brought under your notice_ a conviction. till. the produce of the law--for that. the foundation of which is so palpable. from some circumstance or other. and the industrious habits consequent on that persuasion are not. they become dependant on its good opinion.144 trusted to him--will. The).

than for each to make for himself." **See theehal_te "H r ow subjection to civil . that he was of opinion that they do noL "/'he admirable dc. 4.very improvement go to the benefit of the improver : that every man work for himself and not for another.+ convince me that ke was aware that our laws do not * Moral Philosophy. which he seizes on or makes. is neither created nor guaranteed by the law. The exclusive right to the produce is the only incitement which acts con. b. If these observations be correct. on account of its being at all times more difficult to take from one another. and that no man share in the profit. although Dr. and induces all men. t See the commencement of the ekap.and of the felly of political obedience in some case% . ch. and like the freedom of the press. so it continually protects tile new right of property industry calls into existence. "Of property. and who contend that such a right is the proudest work of human art. to respect their mutual rights. natural right of property. whether or not the laws do secure this right ." (*) The only question or difference between our opinions on this subject is. All therefore that the laws can do is to secure this right to the occupier of the ground ._eriptions he has given of our legal right to property.-_overnme ism_nnt rained. and as it modifies and changes the right of property sought to be maintained by the legislator. To me they seem satisfactorily to prove. as to the fact. "is Jn the price and sale of the produce. to constitute such a system of tenure. operates at all times and places. the right of property now actually in existence. the only spring which keeps human labour in motion." hesays. that the full and entire advantage of t. who does not assist in the production.145 which they will be far fi'om generating in those who deny the existence of an). that the same natural law which induces the savage to call that his. "The true re_'azd of industry. like the right to and the enjoyment of religious toleration. that is." . and I am thoroughly persuaded. P_ey has not said as much.._. Paley on this subject. but by the moral principles of our being.* * Many of the opinions of the foregoing pages are similar to those professed by Dr. xi.tantly and universally.

" Being unfolXunately. but seeing that the legal right of property does not accord with the natural right. for his reputation. by bestowing its produce on lhose who perform no work.146 I have yet a few conchding observatlons to append. "that he work for himself and not for another. Paley is g_ilty of poor and pitiable quibbling. he is obliged to say. but l shall devote to them a distinct though a short epistle. which his talents were admirably adapted to enlighten." but "he who proc_tres the labour. ex-off_cio. by way of summary.that was within his reach. an erroneous view ofhis own interest led him to forego the vast glo_. He recognises the natural right of propert-y. the defender of laws."* Miserable contradiction[ Despicable subterfuge! The slave-owner in the West Indies does this. Dr. . but dared not condemn. secure to every man the right. and more unfortunately for the world. he sees that it bestows the best possible reward on labour. that it diminishes the reward of industry and the encouragement and stimulus to labour. A LAnounEs. " Ibid. in order to defend an injustice of which he was sensible." he does not mean "' the person who perfarn_s the wor_. of being the most persuasive and powerful reformer that ever contributed by his pen to the happiness of his species. that by "occupier.

TO H. perhaps. that these circumstances are the immediate creation of the Deity. all result from an artificial right of propert. forgery. go on to demonstrate.R. EVILS OF THE ARTIFICIAL PROPERTY. Were I disposed to philosophise deeply on the subject. 8_. by external circumstances. which are continually corrected. consistently with a sublime but not popular theory. the law of the land.147 LETTER THE EIGHTH.--Fraud. by the oppressors only adverted to--Mr. and overtrading. The pains and pc. M. "I'_s purpose of my former comm:lnieations has been to make you acquainted with my opinions as to the origin of a natural and an artificial right of property. but the opinions and habits of mankind. I might. even if they may not be called. as commonly said.C. nalties suffered.. emana- . to sbew you that the latter is continually changed and subvetted by the former. because legislation has no influence over naturM laws.P. and that the real guarantee of all our rights is not.--Soeiety a natural phenomenon.--The sufferings and crimes of the oppressed labourer overlooked.F.--No legislative remedy suggested for these evils.y. if not formed.--Conelusion. Combe's description of the present state of society. BROUGHAZIj ESQ.S. RIGHT OF Not intended to go deeply into this subject.

and many of the sufferings of the rich. and degraded labourers. I put them out of v. so that the real social misery . I put out of view the sufferings of tile more than halfstarred. At the same time. has given us a facility to accommodate ourselves to circumstances. toil-worn. Aa these people are very industrious and very skilful. which i_ at the bottom of most of th8 apprehensions. to warrant us in ascribing to it most of the misery which exists in the world. however. and I have no wish. At least I am not disposed to exaggerate it. with all their families and persons dependant on them. though I believe they sometimes reach the extremity of human endurance. even to its minutest part. This. by expatiating on the privations and sufferings of the poor. might lead me to subjects that lie more out of the common tract tl. and therefore 1 shall confine myself to traceing the connection between some of them and the legislative attempt to maintain an artificial right of property. tvhom I wish to make sensible that their interest and happiness are v.the actual pain which exists. the fact of the great mass of the labouring classes in this country being in a state of comparative pauperism and destitution. through you.an the ercry-day evils of society. to a different_ class of perso'_s. and are all pIainly to be referred to that right of property which does not allow them to own the produce of their own labour._ew.148 tlons from. must on no account be forgotten or overlooked. wry . Nature willing the happiness of our species. is carefully regulated by Divine Providence. is perhaps not so great as the common lamentations of certain. because I address myself. to rouse in them the slumbering feelings of hatred and revenge. or a revelation of the Deity himself. but enough of privation and pain may be perceived and traced to the legal right of property.ot promoted by this right . and thus also to demonstrate that the government of the whole moral world. classes would lead us to believe.

tithes.I49 fr_ga] and very economlcal--as their labour pays taxes. in the shape of revenue. I say. their bad passions. were all the produce of labour on those lands to be the reward of the labourer. with the exactions of government. are the real causes why there is. rent. duces them to submit to law_ whether it be their prejudice in its favour. would take up too much time. their fear of each other. cannot obtain from them a sufficiency to pay profit. and taxes. is the law which appropriates their produce. I also pass by the manner in which the legal right of property operates in checking all improvement. rent.. * It is more easy to c_lltivate land in the * The statement of the text may be br/efly illustrated by a reference to the history of England. or the undue proportion of their numbers to their capacity to obtain subsistence from nature. because to elucidate that fully. they fall on every thing the labourer uses or consumes in bringing them under cultivation. From the time that C_esar fir_ . evident. seeing how much they labour. a single acre of uncultivated land in the country. rent. It is. whatever the final cause may be. tithes. There seems no reason why society should be clogged in its progress. ()a the contrary. that the immediate and proximate cause of their poverty and destitution. their ignorance. the longer it continues the more are the means multiplied for its rapid advancement. however. which in. and thus the artificial right of property. which friction speedily brings to a still stand. It is not like a machine made by man. tithes. and profit--it cannot be for one moment doubted. till every foot of the country became like the garden grounds about London. in the nineteenth century. and how many people their labour nourishes in opulence. and profit.--it cannot be doubted. that the labour which would be amply rewarded in cultivating all our waste lands. Although the land itself should be exempt fro_r_ those charges.

they did no more. probably in about 400 yeaxs. the people more than doubled themselves. and here improvement is nearly at a stand. rendering it barren and unproductive to the labourer. During the last century. Subsequent to the conquest the people doubled their numbers. it only moves the faster the longer it continues. so are commcrciaI enterprise and manufacturing industry arrested. The fact is. by the exactions of the capitalist. in Europe. during that long period. they have been doubling. till the era of William the Conqueror. If the inhabitants doubled their numbers in these eleven centuries. nearly eleven centuries elapsed. that in Europe capital has greatl) accumulated. at the rate of 40 years. but which will not pay tim additional sums required fer rent. and taxes. that capital is the great mcatis of promoting improvement. where both skill and instruments are ready prepared. Bet_-een the termina. Instead of its being clogged. are the causes which impede landed in Britain. that is. Infinite are the undertakings which would amply reward the labour necessary for their success.150 ueJghbourhood of previous cultivation. like your Courts of Law and Parliaments. . and the government. all of which must and do fall on industry. profits. while in America there is comparatively little capital. the clergy. a period of two hundred )'ears. These. is as fit for cultivation as the forests of that country. the landlord. that improvement is checked. and no want of soil. and there improvement is most rapid. the average of the increase was a doubling in 80 years. hardly made any sensible progress in wealth and population. in most places. but with this theory I am unable to reconcile the fact. or getting out of order in the course of time. tithes. than in the wild_ of America. In the same manner as tile cultivation of waste lands is checked. and this countlT. tion of the wax of the Roses and the Revolution of 1688. and much of the land not yet cultivated in Europe. This proves that the progress of society takes pla_e in an accelerating ratio. no want of adequate means for industry to employ itself. since the beginning of this century. It is generally said. and now. and only acquires a greater degree of exeeIlence.

and all of which are obviously caused by their living on the produce of other men's labour_violating the natural right of property_are all these no evils Is the perpetual hunt in _'hich they are engaged after health. it is proper to make you aware. always resultingas experierice has demonstrated. Is the weariness. The way in which we learn that _. ia the lowest state of dcstitution. and to be continually apprehensive of meeting in them thieves or foes ? Is it gratifying to be conscious that you have no security for your highly-prized possessions. which never exists when men are engaged in providing the means of subsistence. But though I pass over this important branch of the subject. is through the suffering which ensues. and enterprise without means_ when neither can obtain its appropriate reward. that they violate some of the law's of nature.and thatthe gallows .151 the exertions of the labourer and clog the progress of society. which makes life a burthensome blank to them. and the perpetual apprehension they are under of losing it. to see themselves surrounded by a mass of labourers. but the dread of the gaol and the gallow_ and to perceive that the gaol is even sought as a place of refuge. the loathing of life. Industry is without a motive. because doing so inflicts pain. that nature prohibits us to mutilate ihe body.. the hurrying about from place to place. is that "" leafless desart of the mind" for which they are generally distinguished. is that want of an aim and an object to steady their exertions. are primarily caused by the law supporting an unjust appropriation of wealth. which produces all those miseries and crimes. that the general want of profitable employment for industry. Are the opulent people then of this and other countries not continually warned. not evils ? Does it cause an exquisite feeli ng of delight in our opulent people.'e have violated a command of nature. from a stagnating condition of society. Thus we say. as if mere motion could carry them away from themselves.

gaols and magistrates.152 has lost all its terror ? If the opulent suffer no evll from the destitution of the labourers. to their own account. while the other look upon all above . whom thcy look upon. if the poor excite no terror in the rich ? The fact of the existence of a multitude of poor cannot be denied. not to lend themseh'es to the violation of the natural right of property. None of these things seem to me suitable either to the dignity of the intellectual being. at least impede positive enjoymen. some of them are then content "to minister to their wants by their ewn hands _" but whatever may be their taste and acquirements. is a fact which cannot be doubted. we must look on them as so many admonitions to the idle and opulent part of society. which only serve to keep in order the oppressed labourers. to be turned." if they do not inflict positive evil. and why is such eagerness manifested to provide for the famishing and the dreaded multitude ? Why are emigration and the poor laws. ancestry. . not as intellectual and moral beings. promote happiness. and the arts . they love literature and science. and as they all. and that multitude is a source of never-d_ing uneasiness to those who live by the produce of their labour. but as a sort of inheritance. why are there so many fears. The one class have their minds occupied with notions of fashion. like their estates. and dancing. distinction. and which I find asserted in the follo_ring passage of a weekly newspaper. or adapted to ensure animal gratification.* * That the opulent classes and the poor look on each other as enemies. Men generally love mirth. and separation from the rest of mankind. love to walk abroad amidst the beauties of creation. "Our rich and our poor are almost equally ignorant. complicated laws and procrastinating courts. or military law and extermination. and music. as men are humane or sanguinary. power.and to admire the mimic wonders of the artist's skill. as their taste gets refined. and equally enslaved by prejudice. proposed for Ireland. no one can suppose that police officers and night watchmen.

who." With my opinions_ I cannot believe with this author. seek compensathem. frequently unable to procure work even on these _erms : other ar_izans exhausted almost to death by laborious drudgery. but then we shall see that this accumulated knowledge and skill. without an apprehension that he may be ro'ased in the night by the burning of his barns or even of his dwelling. " capital is accumulated labour. but revenge sought its dark and dismal gratification in incendiarism. weavers labouring for fourteen or sixteen hours a-day for eightpence. my Lord. not as the holders of capital. and largely plundcr them. if better recompensed. It is unfortunately toowcll founded to be unlearnt. Of all the current phr_es now employed to soothe conscience and gloze over wrong. have been in a state of insurrection. . understanding by that terra labourers. Their little plunder of those who daily and hourly._ This unhappy state of things is too fresh in every man's recollection. but pauper and unhappily ignorant peasantry of the south of England. To me it is a matter of great and bitter regret. a comfortable state of society. cannot be separated from the arm of the labourer. for a pittance scarcely sufficient to sustain life. and by the gallows . Is it. I have only to remark_ that it is an illustra. here is a sketch by another hand." Since the observations of the text were written. as far as the creation of wealth is concerned. and it may be understood. without which there would be no useful employment beyond that of picking up tim few natural productions of the soil--which could support only a handful of individuals--but as a sort of natural enemies-as persons leagued together to enslave and coerce all below them. " This island exhibits the spectacle of millions of men toiled to the extremity of human endurance. talk of accumulated knowledge_ accumulated skill. to see the brightest intellect obscured by interestj leading it to adopt such nonsensical phrases as capital being accumulated labour. too deeply imprinted on the minds of the suffcrers_ to require more from me than the brief mention of it. that in the poor. for the i_armer and the landowner--that ncithcr can ever layhis head on his pillow. none is more absurd than the phrase. tion of the benefits conferred on society by your legal rights ofproperty_ and 7o_r blooffjr laws to uphold it. was met and repressed by an armed force. the industrious. this hatred is a prejudice. or accumulated labour. till the league of the laws is dissolved.153 As you may doubt the picture I am disposed to draw of tile state of society.

Their imaginations are racked to hunt up new gratifications. and setting the fashion. that industry shall be rewarded by wealth. so that it is impossible for it to follow with a bold step. that vanity. As far as the law can. 250. p. drunkenness and gluttony. This resembles much more punishment for transgression than reward for obedience to the divine institutions. They indulge in all sorts of expensive _auities . is also sought after by all beneath them. by neither a long nor a circuitous route. then sunk in deep despair by the breath of ruin having passed over them _ landlords and tenants now reaping unmeasured returns from their properties.154 _ion and enjoyment in the grossest sensual debauchery. and are looked up to with respect and reverence. and fleece industry till it be destitute. the government cramped by an overwhelming debt. therefore._that excessive love of expense. now gay in the fond hope that all their expectations will be realized. and the prevalence of ignorance and selfishness on every side. in all * The Constitution o. what they indulge in out of idleness and whim. owing to the countless prejudices and imaginary interests which every where obstruct the path of improvement. it encourages idleness. and does what is in its power to destroy "" the only spring which keeps human labour in motion." The idle classes also occupy the highest stations of society. the most obvious dictates of reason and justice. then pining in penury amidst an overflow of every species of produce . Whatever they do is necessarily imitated. and idleness be punished by destitution . . the law of the land is to give wealth to idleness. they have nothing to do but fancy " low unreal" wants. As all their natural wants are supplied. ''_ The law of nature is. by George Combe.f3tfan. Thus we may trace to our artificial right of property. master traders and manufacturers anxiously labouring for wealth.

and nothing more. it is fair to suppose that they would at all times guide the exertio_s of the labourer. including the course of the seasons. and punishes us for follo_'ing them. By this system the hand is dissevered from the mouth. as it were. up to the system of onr artificial right of property.classes. beil_g created by the same hand which creates and fashions the whole universe. a_d see the false hopes of our merchants and manufacturers leading to periodical commercial convulsions. . They were originally crimes condem. Nature diso_vns them as a guide to action. agreeing with other phenomena. and labour is put in motion to gratify vanity and ambition. The wants of individuals wh:. We may trace all the fraud and forgery in society. a prototype in nature. The instant they are compelled to labour for others. which severs the natural connection between labour and its rewards. and false hopes of their masters. and plunges all classes in vices and crinaes. They have. and are embraced by the comprehensive term crime. but the avarice and greed of masters have no such prototype. The _rants springitig from our organization. this guide forsakes them. and still have their source in our crime-begotten political systems. and their exertions are dictated by the greed and avarice. in short. that they have not the same source as the regular and harmonious external world. all the evils. '/'hey stand isolated a_ld apart from all the great phenomena of the universe. so as fully to ensure a supply of necessaries atJd conveniences. and accompanying the power to labour. we are compelled to conclude. not the natural war_ts of animal existence. Capitalists have z_o guide to their exertions.ed by our moral sentitnents. and what the earth brings forth. which call forth the exertions of vindictive latv. are the natural guide to their exertions. which makes prostitutes of our women and fraudulent ktiaves of our men. When we look at the commercial history of our country.ch labour is intended to gratify.

156 because nature rejects and opposes their dominion over labour. To our legal right of property we are indebted for those gleams of false wealth and real panic. which. That gorernmeI_t is a great evil. The preservation of the power of the unjust appropriators has been called social or_ler. have unjustly appropriated man as well as the soil he must till for his subsistence. from the mountains of the East._that laws to model and uphold it. to the Savannahs of the West. is the legal right of property. for the ]a_'giver has dexterously endeavoured to turn both our vices and our virtues to his own account. but neither secuzed.'nthe last Colonial Gazette. and is coextensive with our race. within the last fifty 3. kings and judges to administer it.ears. from Chaldea to Kentucky. but quite distiiJct from that right of property which arises fl'om the physical and moral laws of the universe. nor protected by the ]au. settled. Fomided. the whole trading world. inflicted death on our people. followed by bankruptcy and rlfin. In almost all ages and nations_fl'om the first dawn of history to the present moment. to its centre. up to a recent period. and ".s of every political society. ambition and greed. on the press and locomotion. ordained and enforced. To maintain their dominion is the object and aim of all human legislation. imposing restraints on thought and commerce. in the Bible. where mankind seems desti_Jed to grow to maturity. have the same source then as fraud and forgery. on our mutual respect for mutual rights. Starts of national l_rosperity. which. Sir. the cradle of the human race. and armies and hangmen to carry their blood-stained (lecrees into execution_that Aristocra- . open force and covert plunder_both beizlg condemned by our moral sentiments. that taxes to pay its expenses. "['he great mass of the two hundred and odd statutes. had no other object than to enforce obedience to an unjust scheme of appropriation. have so frequently shook. and mankind have believed the assertion.

and the signs of its domi_lion. He is as imbecile as he is wicked. an the enormous sum of misery i_. the violation of hi_ . Whatever he may decree. is nothing less tt. it has not seated the l%. therefore. may be doubted. Sir. as completely failed in attainingthe great object proposed. it has not secured power to the landowner. I ca_not assert. notwithstanding the terror he has employed.slator_._:ev all inflict sharp pain in their first operation.:ded to cheat us into admiration of their tinsel shew to which substantial happiness is sacrificed . which the wise and good have 3%ra long time reprobated. from judicial murders. it has not saved his authority from being overthrown by the general reaso_J. and it has. as expressed by the Press. or their inability to answer the ezld proposed. that t. It has not preserved the artificial right o( property. and this is a strikii_g . but I must express my sincere conviction. ']'he lawgiver. that the apparent necessity for maintaining them is altogether a consequence of our artificial and unjust right of property. that I have convinced you of the unholiness of their origin. and spread misery through society.:more firmly in our veneration. but it is nevertheless proper to make men aware that the price they pay for attempting to uphold the artificial right of property. Whether or not there be a natural right of property which would be generally respected. gratuitously inflicted. and hierarchies imposing on our senses by more solemn delusions--both inte."act. that gaols and gibbets.lticted in the name of law and government. depredation. has been. as the laws against fraud and forgery have fidled in rutting a stop to these offences. All the misery arising fi'om brutal hangman laws. and tread-mills. is universally admitted. has been unable.157 ties dazzling us with the display of gaudy z::agnifieence. to invest his artificial right of property with the sanctity of a moral obligation. though no law guaranteed it. the instrtlments of legislative wrath.

in the words of judge Blackstone. traders. according not •vith our moral sentiments.old too the source of ignorance. the origin of all our brutal penal enactments for t. at once. n_. " are e. what is intended for the benefit of a sect or a class and not agrceable to her commands. poverty. who exacts the property of his subjects on numberless false pretences. What is gelmrally beneficial. "Tithes and estates. the judge would appear to have pushed his zeal for the church further than our lando_vnerscan approve o£ To me he appears eminently correct." he says. btlsers and sellers. by the pain we contilmally inflict on one a:aother under tIJe prostituted name of jtlstice.en secl¢ to maintain by terror and pain. by all the social evils arising from inequality of wealth. a respect for his artificial right of property. one demandillg more than his due. in fact. . is the practice of tlle people. than tie can create for that right of property. needs not to be enforced by laws . placemen. what is commanded by Nature. I assert. from the highest to the lowest." The former we are now fully satisfied J:ever would be paid. but tb. Rent and tithes have the same orion. and neither would be . and of their complete inefficac)'.paid if the legislating landowner did not compel the l_ayment. and from * We l:ave an illustration of what is stated in tile text. and impose no salutary coi_troul. both are created and bestowed by the law_. If rent have the same origin. archbishops and bishops.ey produce no amendi_ent. if the law d_d not compel the payment. dcpredation. _" Behold. from bolmdless profusion encouraging every apeing extravagance. which exists in the West It_dics. from tile king on the throne. Tl-ey inflict pain. whatever may be the law. professional men.cared classes. and the other not payi:. By those ver)" laws.g his just debts .'lua!ly freehold property. are.158 right of property. inoperative. and misery. a sanction in the bosom of the Negro. even among the most virtuous and well call. Be!. The lawgiver can no more excite. The laws.'_e protection of an artificial right of property. through all classes of nobles. jobbing members of parliament.

that we have violated them. can be permanently relieved by any laws. and t_hat they cannot be violated with impunity. I know. nay unbounded hope. If this view be correct. but that any one of their distvcsses. to relieve our social (tifficulties. _xtermmat. when it exercises its healthy COlnmon sense. for mankind universally. eren in those schemes which are decked out with the brightest attributes of benevolence. whatever may be their temporary distresses and privations. For human beings. but to preserve their power and the artificial right of property. I have shown the insufficiency of law to create and preserve even the right of property it has w . she permits not that the unrighteous aim should be accomplished. all imagine that ]a_v creates social order and preserves social happiness. no benefit can be anticipated from alterations in the laws.159 complete destitution. No legislative scheme whatever can be carried into cxecution without trespassing on the natural right of property.. but such as tend gradually to remove them. With a view to their opinions. even the most trivial. making men reckiess and criminal. whatever ki_Jgs and lawgivers may foolishly teach.on. Sir. and on the ether confinement in gaols and workhouses. Nature. but after that has been inflicted and suffered. and a liberal provision for the poor. Those who propose these schemes. for society at large. by pain. I do not believe. and yearly discussed within its walls. weekly promulgated out of parliament. and can have nothing else in view. that the artificial right of property is not and cannot be preserved. at every stage. A multitude of schemes are. I have shown you. have both been recommended. by almost every variety of suffering. continually vindicates her decrees: and continually informs us. ]n none of these have I any faitb. recommended or dictated by those who have. there is much. On the one hand we have deportation. Nature marks the violation of tile natural right.

have been gradually compelled to make their legislatior_ conform to the circumstances of society. as I would inquire into the law_ which regulate the course of the seasotls To stlppose that the controul of them is given into our hands has been set down as readiness by one of our greatest moralists. who. I willi_gly leave the task.160 sought to preserve. ar. which I do not comprehend. foreseeing l_one of the great changes which have occurred in personal rights. the most important and the most cher shed by the legislator of all rights.guarantee for the new rights g_adually called into existence. has al_vays supplied a . I reject it. the decrees of the lawmaker. for it is yet in progress. Society is a natural phenomenon. and seeilig that with t_em legis is _:n conflict. I have conteated myself uith endeavouring to explain tl. and the basis of all political power. gradually sweeping it out of existence. • lation '. and exte_tding to all the nations of the globe. though present legislation be bad. of projecting schemes al_d prescribi'. has . society. as it has gradually subverted the law-made right of property. trusting the welfare of society. e manner in which the natural right of property. To meet their false hopes I add. or is not xet fully created. and I inquire i. all its phenomena not being yet m':folded to our uliderstanding_ I am not bound.d: viz. which is established in sdite of the law. I am not bound. to suggest some legislation which would be better. tried in vain to regulate society and determine its course. To those who having.g laws for its welfare. that though our present system is wroDg. in order to satisfy their unholy eravi_g to regulate what no individual does or can eomprehe. in past times. cet_tury after ceatury. as they of course forcsee its future col:dit]on.d in the right of property.to the laws •_'hich regulate it. to the same benevolent Power which overruling. I ot_ly aim at ascertaining l_atural laws. Without entering into a full description of the social order.

which prevent every man from knowing what accurately belongs to himself. are guilty . according to my view. uncertainty. check division of labour far more even than restrictions on trade. corrupts others by its example_ so long also shall we be tormented by courts of law. by the insecure tenor of the tax-inflictor's conscience. As long as we cherish the mistrust of each other avowed by legislation. till the face of the whole earth is stained with the blood of private assassinatlons and public murders. and excise duties. so long will they be tormented by open theft and secret fraud. and the lawyer's mystic interpretation of almost incomprehensible decrees. and it has ever since been continued in utter ignorance of its results. was originally founded in conquest. we may hope they have yet to run. dictating the conduct of those in high places. which tending to destroyconfidence. and all the families of mankind are knit by the common bond of commerce into one. As long as political society is based on mutual oppression and plunder. As long as we. instead of all mutually exchanging their services. and has conducted mankind so far on the glorious career. which. and visits from the taxgatherer . and making him hold even food. so are all its consequences hostile to the course of nature. Legislation. As was the primitive act. as division of labour is extended. and nation against nation. so long shall we be the victims of those vices and crimes which pollute all our domestic relations. judging from past changes. drink. arming man against man. and dread. and makingeach man act as much as possible for himself. and customs. though contrary to the mutual reliance continually taught and continually extended by nature. so long shall we all suffer from that profligate scorn of natural right. and clothing. convert our naturally happy existence into a long scene of contention. which. thus mistrusting each other. As long as mankind obey principles flowing from that primitive aggression.161 ever established and upheld order.

breathing nothing but hatred. though in ever so slight a degree. If you had added by lag. and the hcpe of the woolsack. have ever since been maintained by the sword. are no more than the savings made from the produce of labour beyond the portion which was required for the preservation of the individuals who have worked to raise it. invest our benevolent God with their own vile characteristics." p. into a plague and a curse. panion to the A]man. all history is a lie. et Aoe gentu ornne) " are as justly entitled to their large possessions as the cottager to his cot. it is written. which is made by the rich_ I should have made no objection to the passage. make all mankind feel as if the barb of death were ever rankling in their hearts. tage. filling. but they may all be found in those unholy political institutions. and bloodshed. The law is extremely anxious to secure the possessions of archbishops. if it have ever yet bccn scrupulous about the poor man_s cottage. "capital_ money. would be an imspeakable gratification tolhim.162 of these atrocities. from being a consolation. turning religion. and so long will they. who now concludes._ck fi*r 1828. Bank and India Directors. and property (land). We like to go far about to seek for the causes of our misery.ctocracy_ you may have the grace not to inculcate those opinion_ in other_. Upon these grounds the rich" (Princes. In its Com. by signing himself_ * A L_BOV_pa. 107. Landowners. If you dar_ .. these obvious causes of social misery is a species of wisdom we shall be. slow to acquire_ to assist in making this acquisition. picable ambition. and by corrupting thought at its source. which. so long will the greed and the ambition of the priesthood be fattened by our apprehensions and remorse. for the sake of base lucre. discord. Duly to appreciate and remove. * The doctrines of the text are opposed to some circulated by your Society for the Diffusion of Useful Kno_-ledge. by casting aside our veneration for the human lawgiver. to reverence the privileges and opinions of our barbarian-ari. originally founded by the sword. the mind with horrid phantoms by their furious denunciations. Archbishops and Bishops. I am afraid. Ifyou are bound by the chains of a somewhat des.

are as justly entitled to receive a large share of the annum produce as a labourer is. The statement being in a book intended for the people is quite unpardonable. to obtain the tenth of what he has created. it must be stigmatised as only intended to assist in mystifying them_ and to keep up the grand system of political humbug.163 not spe_. or a monstrous expectation of finding a huge fund of gullibility in other men. at a _rhig dinner. who never in their whole livcs did a hand's turn of productive labour. Addrcssed to the peop]e. . in a treatise on real property. it might have been tolerated. To assert that those. you can at least abstain from propagatinguntruth. argues in you either an extraordinary degree of credulity.k truth. or in a selling Revicw.

_'rY did not dream. however.--Changes in Europe. who were even more clalel than . you would be Lord Chancellor of England. for violating.--Conclusiom society is must be and rea- Mr LoaD. you have forfeited the chief title you bad to my respect. I cERr. long since dead. men will and necessarily must inquire into the Right of Property.--Other proofs of this necessity. which means the cruel orders of men. and when you' took the jurors of London to task. sons for believing it unfounded. Change in the situation of the Lord ChanceJ]cr--Reasons for believing that his former liberality of sentiment was assumecLw The Lord Chancellor's attack upon the author. TO LORD BROUGHAM AND VAUX. of sending forth the sword of the law to smite the poor unhappy victims of the system of m]sgovernment which you had long denounced.--Source of the alarm as to property. that these doctrines lead to no legal improvement.--Answer to the statement. for since you ha_.--As they have not led to social happiness. not an oath.--The power which has regulated it in past times trusted in future. rather than be the ministers for executing what is called our sanguinary criminal code. 183l. When you boastcd. _e.e occupied the woolsack. but a form of words. congratulate you on your elevation. when I began these letters.164 POSTSCRIPT. _e. soon after your accession to power. I cannot. 8.--It has been she_aa that property is not regt'Jated by human laws. on Sept. that before they saw the light._I. LORD HIGH CHANCELLOR OF ENGLAND. and therefore not.

and I have only to regret that I ever believed the professions of a lawyer. in my last letter. was a comment on some errors put forth by your society. you convinced me that your love of liberty and humanity. Capital . those who do not agree with you m dogma and in doctrine. "The Rights of Industry. Having now attained the height of your ambition. a special and private one. I am pleased that I am able to remind you. or to Whig purposes. absurdities. you are a mere lawyer. at the head of which you are now placed. that I was then attentive to its proceedings. that the last observation. before I had a personal motive for pointing my remarks. had served as a stepping stone to public confidence and political power. like your love of humanity. displayed to the public as a mountebank tells his audience coarse jokes. all his life accustomed to look at words as usurers look at money. as a lover of the best interests of the human race. I have to add. you have no repugnance to propagate error and delusion. commonly called "The Society for the Diffusion of Useful Knowledge. and your often expressed wishes to educate the people. meaning to drill them to your own. has accordingly vanished. that your love of literature. and cruelties. your society has pubished a book. To such a general and public motive for changing my opinion. and that in heart and mind. in argument and speech. Since then. when out of office. in order to amuse them while he is taking them in. written upwards of two years ago. high above the principles of justice. and prepared to expose some of its undeserved clahns to t_ublic respect. upholding them by persecuting. your professions of liberality. as far as the present usages of society will allow. only to be lent out at large and profitable interest. The respect I had for you.165 modern lawgivers. the maxims of that abominable system of fictions. setting up. were all." because that observation shows. A particular circumstance has made me suspect. entitled.

or it is stifled and suppressed by the individual love of power. and as the individual unhandsomely attacked. not the wish." as " destroyers.our book. and your fellow scribblers think." one great object of which is. here me find you and it defending a natural wrong. pronouncing all tl_e anathemas that can be heaped on crime. the author of this very work. by as much violence as the hu* See pages 212. we find you. J. as you. . to refute."* and as possessing. to decry my little work. For the proceedings of )our society I hold you responsible. my lord. and for aught /. and failing to refute. because it is a legal right. many other ugly antisocial characteristics. of the work referred to. testing any species of persecution for opinion's sake. like other champions of error. that you only want the power." Labour Defended against the Claims of CaavitaL" In ). worthy of the sererest punishment? I am taught by this. E. and like a set of religious bigots. and the impugners of that right. for you are the avowed patron and protector of the society. we find you and your pretended liberal society. and I conclude. I must take you to task for supporting. the Lord Chancellor. what is wrong. myself among the number. whose language and conduct are as intolerant as those of Mr. that tile love of truth and good has no abiding place in your lordship's bosom." as " blind guides " . against a mere difference of opinion. etc. 213. though the works of your society have ever been distinguished for the incorrectness of their logic and the meagreness of their knowledge. to be as great a tyrant as was Castlereagh. know. and de-. Gordon.166 and Labour. " as " ministers of desolation. Pretending to be the instructors of the people. called. then. through a whole chapter. the present legal right of property is held up to the admiration of the people. the man whom we once honoured as Henry Brougham. Is not to think. are stigmatized as "bitter enemies of the people.

_ Be it what it may. I forget the year. who had no hand in its concoction. when you were elected Lord Rector of the Univ. than you have for abusing the immense variety of minerals. Your society. even though he sit on the king's right hand. t and can have.16)' mane temper of the present age will permit you to employ. It must be hoped. on account of a difference of opinion. * For you to countenance illiberal abuse. unnoticed by you._ Is the Penny Magazine to be a loyal Whig publication. that yon defend other principles on better grounds than your society defends the • I observe. who either abuses those who differ from him in opinion. which may shield the minds and eyes of the people from the contamination of radical doctrines. or is it a mere tradesman's trick to command the market. and be the keeper of the king'n conscience. my lord. Does the Lord High Chancellor still lend his name to a scheme which has been seized hold of by a contriving bookseller. by drawing attention to the crippled and decaying legal right of property. plants. however. because you hold that belief is involuntary. Personally I thank you for the interference. Other persons may require this information_ but you can haxdl_ need such a refresher for your memor$. . the trick will not d% for the name of the soeiety stinks in the nostrils of the people. which. they would never have obtained. by the help of a once-honoured name. and animals. for it gives a weight to my opinions. or countenances its being done by others. that under the superintendence of the So. therefore. and know not where the discourse is to be found. excites my astonishment. with which the world is not more adorned. "1" The proof of this is to be found in a discourse delivered by you. can only hasten its ruin. ciety for the Diffusion of Useful Knowledge. The man pretending to be a friend to literature and to education. than it is by an immense variety in the shades of human thought.ersity of Glasgow. has no claim to my respect. to beat his competitors out of the market . while it shews the importance of the subject. no more pretence for abusing those who disbelieve either political or religious dogmas. a Penny Magazine is published.

being convinced by your late conduct. and you boldly and crudely defend an error. andoneof the beastswhichperish ! Is thisthat kindofpropertywhichclaims universal respect. because your craft is endangered. though I could quote a speech of yours. and the obvious motive you now have for cherishing the delusion. which all mens the learned and the unlearned. feel to be congenial with the human mind. in wandering mazes lost. like all the offspring of error and the spawn of corruption. ought to deprive you of all the confidence of the people.I demur to thedeclaration ofthe right. when you were Mr. and becauseyou fancy it is your interest to maintain it. Those who defend the legal right of property. than any which men . like the bishops. and to gather strength with its growth. as a man. with that sanctitywhichmakesit inviolable! I resistthe claim. and above every thing else that man hath no property in his fellow creature. andis it clothedin theheaxtsof all. seek to perpetuate misgovernment. where their judgments a_ec. I had rather seek the humbler regions. or woe be to those who trust you ! What you and your society have done is this.! set up a law superior in point ofantiquity_ higher in point of authority. you and your fellow craftsmen cry aloud. that by a law above and prior to all the laws of human lawgivers. for it is the law of Gvd--thcre are some things which cannot be holden in property. Brougham. as if he werea chattel. You and your society labour like the borough mongers. to uphold our present mischievous system. Like thepriests of Ephesus. if we go in search of first prineiples_ wc see eternal fogs reign. and flnd no end. and common feelings unite their hearts together.15S legal right of property. like the Tory press.r--seeing that since " *:But that renowned profession (the law) has taught me another lesson also_ it has imprinted on my mind th_ doctrine. Seeing you so engaged. and standing on that general level_ I askwhatis the right whichone manclaimsoverthe personof another. and approach the level plain--where all men see dear. _ut I willingly avoid those heights of moral arg'ument.I denythe title: As alawyer. that you place the law above justice. where. you have taken up a vulgar prejudice without investigation. and the misery and degradation of the industrious classes. in which you exalt natural rights far above legal wrongs. because it exists.

_) and if you appeal from that." Suchlanguage. my lord. fetters. such as the Irish peasant and the English labourer. will echo thislanguage. to whom my letters were addressed. into the arrogant politician and dogmatic inquisitor. who will not act upon iN than to the Irish and English who will. New Series. congratulate you on the conversion of the liberal-minded patriot. ant clergy. Three years ago Europe was ia a state of internal tranquillity. such complaints being no transient have framed. I repeat. the gallows.) The Irish." The English will retort this on you. when you again claim for the property of the church the same sanctity .as for the fruits of industry. and commands that you treat every man as a brother. which holds all men equal. p. The sympathies of lawgivers are properly awakened for the suffering slaves of other people: for those who are the slaves of their own decrees. If the change be great in you. I fancy. July 13. and the smiting sword. I set up the law of the Christian dispensation. however. speaking of the claim_ of the Protest. . "Talk not to us ofsuch monstrous pretensions being decreed by act of parliament. since these letters were begun. misery existed to a considerable extent in all the countries of Europe. to whom I have now to direct this postcript. and remained so till some time after these letters were finished. and say.]69 you have been in power. Belgium was closely united with Holland. but Charles the Tenth then seemed firmly seated on the throne of France.ght possibly foresee that some great changes were preparing. vol." (Speech of Mr. the law of nature (wh_t will your friend. Talk not to me of such monstrous pretensions being decreed by acts of parliament. But even then. is much more convenient to hold in relation to the negro. 1830. Brougham. and the demand for Reform had almost died away in England. they have only whips. you have embraced and acted on nearly all the principles of those who preceded you in office. xxv. Hausard's Parliamentary Debates. and voices were heard exclaiming against the right of property. 1176. The practised eye mi. I cannot. the changes in society have been even still more astounding. Bentham say to this. Mr. Is that "clothed in the hearts of all with thatsanctitywhich makesitinviolable.

but a permanent and enduring subject of controversy. spread over Europe. 352_ ct sup. and were extending themselves in France _ and even in America. and which they will cling to. from that. when the demand for reform was unheard. and perplexed the monarchs whose thrones it did not reach. the unquietness which. The political agitation which began. tl'm opposition between the legal and the natural right of property. on the Elements of Political Economy. and destined to be forgotten when the prime agitator disappears. an extensiveness and an intensity. the consequence of temporary excitement. men will necessarily turn away from political alterations as unproductive of good. and cannot effect the expected benefits. even to careless observers. the legal right of property was called in question and denounced. the Saint Simonians had risen up. and means of drying them up. you have told us in the * See Cooper's Lectures Co]umbi% p. or is provided for. or rather was first made manifest. when rebellion had not shook thrones. produced by the contrivances of an intriguing party. and which of these two rights they will choose. They must come to that great source. That right is now a subject of almost universal controversy. * where men have scarcely any political evils to complain of. without leading to tile diminution of public charges. and changing political institutions. . till that right be securely based by all men acknowledging the eternal decrees of justice.. and inquire into the sources of evil. and be assured this controversy will never pass away. which must speedily lead to a general and a thorough reform. when the voice of sedition _'as every where still. by the expulsion of Charles X. destroying forms of government.theme. As those political changes have not effected. Even then. or relieving individual poverty. has given to inquiries into the right of property.

and I am sure that no man can be acquainted with the modern doctrines on these subjects. that the whole doctrines of the distribution of wealth.171 speech I have just quoted. They will cling to that " ancient law. however. a capability of ultimately effecting that by improving the government and lessening the burden of ta. Mr. without being thoroughly sensible. the present legal fight of property. These errors. by assuming the present legal right of property to be the natural right. Experience. I may mention. before you meddle with several subjects. and wages. depend altogether on the right of property. has had the honesty to avow. in conjunction with the established right of property. however. that. are now beginning to be seen through . as the basis of his argument. profit. they cast unworthy and even impious reflections on God. its adxocates only claim for it. I defy an)" man to explain either of those withol_t assuming.xation. can oh]y be correctly studied. by representing him as placing those limits to human welfare. even in embracing and defending the legal right." As a proof of the necessity of you politicians instituting inquiries into the right of property. that the laws of distribution and the natural limits to the progress of society. Reid. They do a most bitter injustice to nature." in which '" their judgments agree. and at least one gentleman. embracing all that can be said about rent. that it will give the people no relief whatever. the whole of those doctrines are founded on a false basis. but while its opponents loudly assert. which is of higher authority than the law of the land. and which unite their hearts together. and give a false notion of the natural laws which regulate the progress of society. discussions on the right of property are connected with the science of political economy. warrants me in assert- . At present public attention is directed to the Reform Bill. which are laid down by the ignorant legislator.

If you look. by directing all the natural discontent of mankind to the deluding institutions of the politician ? To relieve this distress.* you must conclude. to this paltering with tl_e hopes of mankind. and to augment that burden. my lord. to wait for relief by the slow progress of improving the government through the means of the Reform Bill. that the disappointed desire for relief.172 ing. that political change will not give relief from poverty ? Why. that these great and pressing evils are too violent. being unable to raise money to pay the weekly allowancesof the paupers. that changes of government more frequently lead to derange trade.will be the result of exciting the hopes of a long suffermg people. only to disappoint them ? Be assured. on the first principles of government and of property. my lord. of parishes. my lord. while the peasantry are almost starving. it is certain. and prepare yourself for this consequence. if you are at all sensible that farmers can no longer obtain any profit. will infallibly turn back the attention of mankind. and the institutions of society will only be preserved. particularly in Berkshire. with tenfold force. this juggling with the public reason. only one of two things can * Several accounts have lately appeared in the paper. But what can you. if you look at the derangement to which trade is already liable. Why not put an end. Thus. too extensive. . it is probable. at the intense suffering of the children of our manufacturing districts. however. expect . my lord. that the Reform Bill will and must disappoint any hope of relief which people have formed from it. in its immediate effects. indeed. and that even their capital has been melting away. and why not at once say. and the pangs of hunger are too sharp. at once then. or what can your colleagues in the ministry. as far as they are founded in reason. will you hasten the overthrow of the present system. than to diminish it.

but in altering its distribution. and finds no sufficient sale for what he is able to produce} that the labourer complains that there is no market for labour. must be found not in augmenting the quantity of wealth. and he. Malthus. that more wealth is now produced. notwithstanding the theory of Mr. that the complaint of the manufacturer is. but that the productive power of the country has been too much augmented . complain that they can find no sufficient vent for their commodities . What is meant. that each has more of his own peculiar produce. in short. that prices are too low. for the last fifteen years? What is meant by "labourers being too numerous. or useful commodity. my lord. or can be produced. I shall content myself with observing. by "those gluts" of which we have heard so much. as I have already stated_ . that there is too much of them. that the complaint of the farmer is. or it must be better and differently distributed." ofwh ich we now contin ually hear." by"machinery belngtoo extensively employed. that all classes of producers. than he knows what to do with. that he cannot get a remunerating price for his corn. my lord. will not consent to food being imported.an can find a market. But the quantity of wealth._ I shall. commercial revulsions. from which arise gluts and. In other words. is at present too great. and this is a very singular circumstance. therefore. tl. It is a plain matter of fact. that he is overwhelmed with the cheap-made produce of other countries.not inquire into the cause of production actually exceedlng the wants of the owners. nor into the absence of all principle regulating the production of wealth. and that wages are too low. either the quantity of wealth must be augmented. and that consequently the great remedy for all the evils of society.173 possibly be done . both in parliament and in the public at large. and all agree in complaining. as far as poverty and wealth are concerned. the right of ownership or property must be ira- .

and whether they ought and will go into the pockets of the landlords. the difficulties in which. that you and the wllole . imprisonment. give to the subject of this inquiry a preeminent importanceY Consider too.17. if the legal right must. to take away from the Irish peasant the produce of his labour. at the expense of fine. my lord. whatever may be their names or titles. is it u'ise. is it decent. and all the actions of different classes. the legal right ? Look too at the disputes. or any set of men.t proved. as to whether these tithes be the property of the state or not. my lord. as 1 have shown you. for you and your colleagues to pass laws for the purpose of enforcing. come to an end. now involves all tile discussions of the legislature. Be assured_ my lord. which the parsons unjustly claim. What right have you. is it humane. then. in fact. tlle abolition of the legal right. as well as the attacks every where making on the right of property. the natural property of those who produce the pigs and poultry. riots. and the legislature as unjustly attempts to appropriate to their use. by force. Can any process of legislation reconcile these two conflicting rights ? If it cannot. Look. the legislature labouring by threats of fine and imprisonment to enforce the legal right. is it commonly expedient. is now only another name for boroughmongcrs. calling for the amendment. and what have they to do with the property of the people ? Only to plunder it. in this country. or what right has any man. are. and in Ireland compelling. The present condition. is it even honest. and the state has no more business with it than have the South Americans. The state. Neither the state nor the priests own this property. while the people. My lord. of all classes. at the question of tithes. grounding their resistance on the natural right. persisting in upholding the legal right of property. they are the property. and confer it on the priest. the potatoes and the milk. and bloodshed. for example.

to leave things alone. who fancy they can confer happiness by making laws. that my inquiries lead to nothing.. that every other part of society. as well as the right of property . that every part of society is also regulated.gang of legislators are exceeding your power. as to propose to redress wrongs by inflicting them. even in these stirring times of reform. that even the distribution of property is regulated by natural laws. that I advise. the necessity of maklng inquiries. or are those laws of nature to blame. but zealously endeavour to interpret ? All my remarks are directed against legislation. But admitting. I believe to be regulated by the highest wis- . But am I to blame. that my conclusions are all vague and unprofitable. the very source of society. to live upon hope _ that I propose nothing. nor the little vulgar who. and that until you learn to respect the laws of nature. which I humbly. you may taunt me by saying. the steel pen with which I write. unfortunately.from the trade to South America to the daily hucl_stering at our own doors. who are on the verge of starvation._from the growth of nations in wealth to the decay and falling to ruin of individuals. to the invention of the minutest art. which is tangible and measurable. is it not clear. that I look only to futurity.--if those natural laws have set aside human laws. and seems to come within the grasp of legislation. and you cannot expect me to be so inconsistent. and that my doctrines will please neither the great vulgar. all of which. and counsel men. nay lord. My object has been to show._from the propagation and increase of the species. and can you expect me to be so mad as to propose regulations for any part of that. there will be a continuance of those crimes which you pretend to deplore. is it not certain. no measures for reforming the state. and if that be the case with property. trust only to the law-maker for restoring prosperity. that I propose no schemes for relieving distress._is it not certain.

and good in every things" even those can not find God in the mind and thoughts of man _ they treat the human being. in the shape of systems of government. as the offspring of the devil. I am content_ my lord. Not attempting to account for the mistrust in the passions and desires of human nature. books in the running brooks. that it is singular to see the most pious men. indeed. that the good and the wise. ml may. having been gradually swept out of existence. after so long an experience of the inefficacy of laws to attair. The voice of trees. in stones. to trust to these . are all listened to as speaking of the goodness of the deity. his heart and mind are regarded as outcasts from the great system of creation. neither attributing it to the sinister ino fluence of priests. Stephen's. my lord. the impressive lessons of the the insect world. and confidence in the power which has hitherto subverted your laws and preserved the order of society. I am not so mad. it is abundantly strange. the objects proposed by them. should yet place their hopes on the decrees of such a motley assembly as that which collects at St. even those "Who see God in clouds. which is so general. I aim at establishing no system. not including themselves.176 dom ? No. I recommend no plans_ I advise only inquiry. nor for the confidence in some of their effects. patient inquiry. and hear him in the storm. the mute sermons of stones." those who find "Tongues Sermons in trees. remark. all the systems devised by man for the government of society. as well as the depraved and the ignorant. They never allow his passions to be worthy of having a tongue. but the desires and passions of man. nor the nmbition of legislators. nevertheless. as altogether evil. and as continually needing the correction of priests and legislators. To me. nor ascribing it to any l_cculiarity in man himself.

have the loyal comments of learned editors. My main object has been to show. than that it should now be insisted on. that even as to property. or only aspirants to this dignity. by tile recorded knowledge oi_ their consequences. generally admitted as an abstract truttb the delay in making the universal and thorough application of it to societ)'. in expounding truth. When tory newspaper writers and members of l_arliament declaim against those as incendiaries. of the bar. in its _'ictims. or their pens. just as they attribute the rebellion of the slaves in the West Indies to the preaching of some missionaries Such nonsense implies. According to them._ All the eloquence of the senate. has not saved the dominion . who merely speaks of the things he beholds. which are opposed to their own systems. have the admonitions and instructions to obey the la_. Stephen's. the observations of a Cobbett. but that it is only made hateful by the eloquence of an individual. ho_ever. which all parties continually put forth. that neitt:er political oppression. must. though wafted by every journal to every corner of the empire. and quite diabolical enough to ge_aerate continually. an abomination hated of God. who merely use their tongues. nor slavery. whether they be actual legislators. have the ever weekly-renewed admonitions of the parsons to honour the king and respect the tithes. that they even condemn any observations as . or of a Paine. and of the press.177 d_splsed passions. the desire of vengeance . are the causes of the overthrow of their systems. political plunder. hated of men. and will be. guided and enlightened as they ma_. some power constantly over-rules the decrees ot' the legislator. do the)" take counsel from their o_vn experiencel Have the speeches of the gentlemen of St. which being. of itself.fischievons. in all its details. have they all had the desired effect. But so lauch in love with their systems are our vain and blundering politicians. is. is more to be wondered at.

" who not merely decide against nature in constructing society. described by Dr. whether they assume the character of political or religions missionaries. and by those who set the wisdom "' of the critic fly. and to repress the voice of the interpreter. My argument is. The facts noticed by those who interpret nature. or ought to be. though this is a feeble comparison of those " critic flies. and men groveling in political slavery. Paul's. my answer is. and that man cannot organize it. Johnson. above the wisdom of the architect of St. when authors abuse and legislators persecute. whether they be intended to preserve superstition erect. denounce the observers of social phenomena al mischievous.17_ of the law from being questioned and overturned. and hired priests.* To recommend regulations is quite proper in those who expect to make something by carrying them into effect. In fact. but attempt to correct her errors. the one great and only duty of observers. When conceited politicians ask me what I would substitute for their systems. whether they be intended to secure the dominion of the whites over the blacks. * The comparative little influence of eloquence. who refused to see the experiments by which his theory was overturned. ig xsilfully to close the ears to information. as far as society is concerned. those who controul and restrict the press_ axe conscience-stricken criminals. ought to be a sumeient reason why no class of men should be afraid of the press. or of the landlords of England over their former slaves. that individual man doeff not make society. they are worse than that philosopher. . noticed in the text. that I propose no substitute. When hired scribblers." deciding against the work of a Wren. for the sake of some falling system_. and hired pleaders. are the proofs of the wickedness of these systems. is. whose vision scarce exceeds the expanse of an inch. To point out the inevitable consequences of erring systems of policy.

my lord. as witness the Burkers. my reply is. fi'om a desire of gain is unhappily. yet too fi'equent amongst us. Men revolt against it. "Amend the laws as to property i for all the crimes which afflict society grow from them. and inflict misery on themselves and others. to all your fears. that laws do not hasten on improvement. that nine-tenths of the crimes which the laws punish. that the number of crimes ofpersonal violence has diminished in both countries . and that I trust to that great power. do justice. on which you found restrictions and criminal laws. that you have not brought society to its present state . My answer. to prevent crimes. When I am asked then what I propose." The law itself is the parent of those crimes which the law attempts to stifle or repress by severe penalties. are mere violations of the legal and unjust right of property. and from contemp!ating which.179 Society is the offspring of the instincts of the human animal. that murder. opens to our view a delightful prospect /or our posterity. to provide for its future welfare. is rarely or never heard of in England. from the criminal returns of both France and England. my lord. my lord. while murder. and fear not. but follow in its wake. I have shown you that the legal right of property is undergoing . we even now may derive considerable enjoyment. is the apt type and resemblance of our cruel penal laws for the protection of legal property. my lord. When you ask me for plans and schemes. This. or call it God. in addition. in their blind efforts to correct wrong. and it cannot be modelled by an individual as he makes a watch or a steam engine. as a frantic passion. and a bloody desire of vengeance is no where preserved but in the statute book. and only very rarely in France. except from cupidity. Jealousy. is. It is certain. I answer. You know. which has brought society forth out of the wilderness. not of his will. trust in that power. Sin. is almost unknown in England. struggling with her own death-begotten offspring. call it Nature.

I place my best hopes. that is. That class has multiplied amazingly within the last fifty years. On that class of men.--and who. or in conjunction with. timid. and I answer all such schemes. are placed far above the condition of the great majority of slavelabourers and their descendants. is the prodigious. comparative.IgO subversion. least noticed. who do not suffer from the stigma which is cast on ordinary or long practised labour. is to me another ground of consolation and hope. therefore. consisting of the growth and extension of the middle classes. of men who labour a little. because that was done formerly by slaves. are the sources of almost all crimes . The utility of mechanical inventions is too often supposed to consist only in the physical results. and. that soc. by. not merely for the repression. who have something to lose by change. that this legal right. I answer them. But the moral effects are as important as the physical. and nothing to gain by the continuance of the tax-gatherers and tithegatherers exactions. and all such apprehensions. who are at once labourers and capitalists.--new occupations. by pointing to these facts. when fearful. that class must multiply still more extensively. as they arise in society. and the moral effects are entirely overlooked. and calling on them to believe that the God of nature has appointed a means.:ety would fall into anarchy if their hold of it were to be relaxed. being exempt from that stigma. Now one of the distinguishing circumstances of this age is the great extent of mechanical improvements. mistrustful politicians tell me. and if the incubus of their regulations were removed. I trove now remarked. and the laws made to uphold it. but for the extinction of crime. and one of the moral consequences. with new occupations and new machinery. without being relieved from the necessity of labouring. and that class must gra- . and that no earthly power can stop it. this machinery. multiplication of the middle classes . The general change adverted to in my former letters.

object to stirring the importaut subject of property. in the House of Lords. as that "the property of the church rests on the same foundation as other property." and hence }-our diffusion society praises the legal right. fancy must be the source of hatred . who. that the great mass of men are inimical to that which they produce. and endeavours to consign those to infamy who question it. by those who derive enjoyment from it. But is it to be believed. when it is supposed. must we think of the legal right of property. however. the alarm is. and to those who possess it by a good natural title. though they create all property. What. arid amongst all those who are made rich by means of the extortionate and unjust law. Politicians. From a bad conscience also arises that great alarm which exists among all the wealthy classes. Hence _'ou. put fort h such unsound doctrines. and they cry out with vehemence on every occasion. and to that for which they strive and struggle? No. founded on the consciousness of injustice committed on the labouring classes. and you know that inquiry must end in the discomfiture and overthrow of your political systems. They are only inimical to its unjust appropriation. or your description. the mere idle slothful doits. my lord. are allowed to possess none . to make the labourer hate the ingenious work of his own hands ? What too can you think of a right. The alarm is first generated in the minds of those who possess property without having any natural right to it . that the only object of the poor is to appropriate to themselves the wealth which the upper classes love and desire so much. who live on the rent of land or the interest of money. which those who possess it. You are already conscience-stricken. and" this alarm is then sought to be spread as to all property. Allow me to make one or two remarks oil the subject of the apprehension and the alarm.181 dually extinguish both the mere slave-labourer and.

contemn. taients. equally necessary to the subsistence of themselves and families ?hthe very instant this scheme comes into operation. but to say that the inhabitants of the same community. fear. so the more dependant does each individual become on the combined . neither bu)'ing nor selling. or dread each other. is contradicted by the whole frame and structure of modern society. clothed after different fashions. to produce food add raiment. Of this scheme one great consequence is. &c. speaking different languages. despise. The very instant this scheme comes into operation. splendid eloquence. and wherever it exists. the bitter sources of hatred. my lord. whose speech is iden. they may dislike. those who associate together. are they like the legal right of property.--and in what state of society is it not in operation ? for where does not the man perform one task.tical. and a cultivated taste ? No. How then should men come to hate the objects and possessions they are calculated to obtain? When they are isolated and strangers to each other. that no single labourer completes. You. by himself. or hate each other . are possessions we each and all derive from nature." Above all. and a thirst for vengeance? Do we bate beauty and strength? Do we hate ingenious contrivance. and the woman a separate and distinct task. what can you think will be the result to society of different classes and conditions being animated with such deadly and destructive feelings ? Life. to them and to their possessions ? A right producing hatred. to say that they hate or dislike. which would perhaps be better cal_ed combined exertions.I$2 in other men. any one article necessary to subsistence. skill. affections. who must work into each other's hands. and as it is extended. whose dresses and diversions are similar. men become dependant on one another. whose labours are mutual. are not insensible to the advantages derived to all classes from the great scheme of division of labour.

who live by the produce of the labour of others. &e. the engine makers and the farmers. the butchers and the bakers.italists. like that which confers on industry the fish it catches. the merchants and the ship b_ilders. there are classes who do not labour. besides the weavers and the spinners. who cannot live without each other's assistance. and may j. the spinner cannot be the enemy of the engine maker. which is now so extensive in every part of society. my lord. . besides the labourers. the weaver cannot hate the spiI_ner. cannot and dare not quarrel with each other. &c. in fact. hating each other. must appear to every reflecting man a complete and perfect guarantee._ing from no natural cause. who. and preserve the whole society. All these legally fed men may hate the working classes. whether living in the same or in different countries who trade or labour together_ to suppose that they should hate and dread each other. nor can an)" one of them be the foe of the farmer.. and the butcher. contribute to clothe and feed.their receipts gro'. that the great mass of the labourers who constitute. who have no other security for their incomes. But. To talk of mutually dependant labourers. of the weaver hating the loom-maker . No. because the thing supposed is impossible. besides all those.J83 exertions of all the rest. the engine maker ca. the clergy.--than the law of the ]and. the law makers. of the merchant hating the cotton grower.mot dread the iron founder. The supposition is absurd. and who make or uphold laws to dispose of what does not belong to them. and the baker. by their mutual and dependant exertions.stly dread them.--of the hunter hating the man who makes him his bow . then. The division of labour. that the right hand hates the left. tile mere cap. or the game it kills. the whole useful community. the land owners. &c. &c. there are also. or the shipbuilder. is like saying. but to suppose that tile different classes of industrious men.

but it exists not in tile minds of the labourers themselves. one and all. )'our ottomans. Such a sentiment may be. wood tables ._ He might like. What would he do with )'ollr carriages ? He would pine to death when pent up in them. your chandeliers. If they. and unfortunately is attributed to them by the law-makers. their thougl. theories. of which they suppose the poor to be so envious. look upon each. in any degree. and would be only anxious to escal_e back to his cottage. or his hovel. As for the particular property possessed by the rich. arid practices. to his bench at the alehouse. have been taught to do so bv the law-maker. other with mistrust.184 is a monstrous error. Of what service would )'our fine bound books be to him ? What would he care for )'our pier glasses. and to his usual habits and usual companions. from that unnatural hatred against the misappropriated work of his own hands. and the merchant the ship-owner. not to be surpassed by any creation of the wildest fancy. Such mistrust is not the natural result of their mutual dependance. it is because the). but use them he could not and would not. or the hard-worked and half starved peasant could make of your smllptuous palaces ? }-le would feel distressed by their finery. the victims.ts. and to his pilze.e laborious and honest artizan. at any time. which in practice teaches only mutual confidence_but of the system established by tileir oppressors. let me ask what use tl. and the labouring classes are only to be blamed for sufferirg this wrong-born idea of their masters to sway. What use could he make of )'our horses. if the farmer dreads the shopkeeper. deprived of the use of his limbs. Its prototype is the wrong done in the olden times by these upper classes. borrow it from their own schemes and acts of injustice and oppression . who. to make a bonfire of them. which you have nourished in him. of which the labourers are. and now continued by the laws . and )'our rose. for hc has never learnt to ride ? Would he desire )'our high- .

though small be the share which he now receives.. Do you think he would need gold to buy the smiles of the high-priced courtezan. and seize that power they are the I_ext moment ready to resign. and to have plenty of that bread.d you. to use your fine clothes. and has no foundation in the laws of nature. he makes both for himself and his oppressors. and he would willingly leave her to do her proper work of corrupting and debasing his oppressors. and meat. fine houses. and clothing. that the poor and the labourers are like all tile rest of mankind. and with that is conjoined the habit of obedience. They could not be tempted. as to attack that property they can never use. except to destroy it.ines ? Alas.en monstrously absurd. fine pictures. and made his only drink. have brought him acquainted with. It is idle then. To them the habit of labour is a second nature. But I would beg leave to remi. your duties on malt and hops. to be afraid of the poor ma_adesiring your wealth.185 priced _. who solaces the hours and empties the pockets of the wealthy stripling? She would be too much of a lady for him. therefore. the children of habit. noi his taste is corrupted by the deleterious spirits. fine wines. is the mere idle coinage of the brain. ). _'our excise laws.our commercial restrictions. by any arts. fine women. What he desires is to enjoy the fruits of his own labour. let him beware how he nourishes that hatred he . fine books. But though there can be no rational dread of the people doing more than breaking out into temporary fits of violence. and e_. let the legislator beware how he goes on in his present career ofoutragingand plundering the labourers. when they break through these habits. and costly statues. The dread which some people entertain of the great body of the people violating the natural right of property. Dreadful then must be the outrages committed upon them. and so far violate their own feelings. and on foreign wines.

on the fearless boldness which results from man . will only call a counteracting vioIence into life. as the law is. as reining in the storm._ . I have not contrasted. arises not from the religious dogma. falling. :Not that I am one of those ascetics. and no person admires. in attempting to regulate society.. perhaps. as I might have done. and professes to respect. entered as fully as I ought. any attempt to preserve your power and its authority by violence. his works are noble. those who preach the doctrine that all men are weak and sinful creatures. he has miscalculated his power . If I have not contrasted the advantages of the natural principle with the disadvantages of the legal error. I have not. into "the advautages which would arise from the legislator recognizing and acting on the natural right of property. decaying as the class of legislators is in public esteem.let him beware how he seeks. that right of property he obtains power tQ protect. more than I do. But. who think man can effect nothing good within his proper sphere. and into all the disadvantages which do actually flow from his continual struggles to uphold an unjust right of property. his manifold and wondrous achievements in every branch of art. and yet act with as much arrogance and presumption as if they were thoroughly exempt from the general weaknesses. )'our political systems. ""that all man's works are evil. in blood. I must stop. My disparagement of the lawgiver's labours_ therefore. which may for ever extinguish.to perpetuate oppression" by "the sword of the law _ for be assured. and certainly not as fully as I might. my lord.IS6 already dreads ." but from a conviction that. tlle regulation of society'is as much beyond individual skill. let him beware how he violates by taxes and tithes. into contempt. and I beg to be understood as treating with the most complete scorn.. the works of nature and man. But. my lord. if I have not dwelt on the one hand at length on the independev e of equality.

an faet. I assure you. on the total absence of all temptation to theft. of the impossibility of crimes existing against property. on the other hand. on the excessive misery which the latter feel from extreme poverty. or principle. on the debasing timidity which distinguishes both the master and the slave._if I have not contrasted. I am not persuaded that the universe within the mind is not as perfect and harmonious as the solar system. and if I have not dwelt. we may not with undoubted accuracy infer all the other parts. as I might have done. on the blessedness of comfortable competence being universal. wearisome. but from a want of time and opportunity. that has been. "the waste of feelings unemployed. and the horrors of the legal right. I will _ot. on the miserable idleness. never existed . on the arrogance of the one and the brutal servility of the other. and the former feel from the dread of losing their excessive opulenee. and though the principle may warrant me in dedncing them. but I know not why one moral or soeia] fact. But whatever may be my conviction of the advantages of observin_ the natural rigl. because they have. ho_vever. where all are nearly alike.ich result from one class having all their wants supplied without exertion. from no disposition to depreciate. ]zJade manifest to others. like our blasphem'ing priesthood. as the mathematician deduces from any one quality of space. enter . unbroken toil which that imposes on another class. ttle mind of man and tile work of man's hands. and not convinced that one part being known. being given. they cannot be 0 .187 not having a master. on the miserable dependance of rich and poor." wt. and on the excessive. where the natural right of property is respected by the law.t of property. my adversaries may and will deride the deduction as the work of my own imagination. the blessings of the natural right of property. I do lJot deny that it would be. the imagination may not deduce as complete and logical consequences fi'om that.

at present. and contented. Our successors. will be able to describe it better.188 into such topics. . conceiving myself fortunate in having been allowed to go so far . remotefrom the studies of both classes of the vulgar. with being suffered thus _o complete the little I have undertaken. To them I must leave th!s important task. the effects of the natural and tho legal systems of society. which are 1 am afraid. A Lteot. and contrast more forcibly than l can do. asR. who are at the extremes of the political scale. my lord. equally. who will see more of the social system developed than we see.

Sign up to vote on this title
UsefulNot useful