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time, vies with the verdure of their leaves, and is apt to inspire the heart of the beholder with that vernal delight which you have somewhere taken notice of in your former papers. It is very pleasant, at the same time, to see the several kinds of birds retiring into this little spot, and enjoying themselves among the branches and foliage, when my great garden, which I have before mentioned to you, does not afford a single leaf for their shelter.
You must know, sir, that I look upon the pleasure which we take in a garden, as one of the most innocent delights in human life. A garden was the habitation of our first parents before the fall. It is naturally apt to fill the mind with calmness and tranquillity, and to lay all its turbulent feelings at rest. It gives us a great insight into the contrivance and wisdom of Providence, and suggests innumerable subjects for meditation. I cannot but think the very complacency and satisfaction which a man takes in these works of nature, to be a laudable, if not a virtuous habit of mind. For all which reasons I hope you will pardon the length of my present letter.
THE ORIGIN AND RIGHT OF EXCLUSIVE PROPERTY
· EXPLAINED. There is nothing which so generally strikes the imagination and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one inan claims and exercises over the external things of the world, in a total exclusion of the right of any other individual in
the universe. And yet there are very few that will give themselves the trouble to consider the original and foundation of this right. Pleased as we are with the possession, we seem afraid to look back to the means by which it was acquired, as if fearful of some defect in our title; or at best we rest satisfied with the decision of the laws in our favour, without examining the reason or authority upon which those laws have been built. We think it enough that our title is derived by the grant of the former proprietor, by descent from our ancestors, or by the last will and testament of the dying owner; not caring to reflect that (accurately and strictly speaking) there is no foundation in nature or in natural law, why a set of words upon parchment should convey the dominion of land; why the son should have a right to exclude his fellow-creatures from a determinate spot of ground, because his father had done so before him; or why the occupier of a particular field or of a jewel, when lying on his death-bed, and no longer able to maintain possession, should be entitled to tell the rest of the world, which of them should enjoy it after him. These inquiries, it must be owned, would be useless and even troublesome in common life. It is well if the mass of mankind will obey the laws when made, without scrutinizing too nicely into the reasons of making them. But, when law is to be considered not only as matter of practice, but also as a rational science, it cannot be improper or useless to examine more deeply the rudiments and grounds of these positive constitutions of society.
In the beginning of the world, we are informel VOL. VI.
by holy writ, the all-bountiful Creator gave to man, dominion over all the earth, and over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth". This is the only true and solid foundation of man's dominion over external things, whatever airy metaphysical notions may have been started by fanciful writers upon this subject. The earth, therefore, and all things therein, are the general property of all mankind, exclusive of other beings, from the immediate gift of the Creator. And while the earth continued bare of inhabitants, it is reasonable to suppose that all was in common among them, and that every one took from the public stock to his own use such things as his immediate necessities required..
These general notions of property were then sufficient to answer all the purposes of human life; and might perhaps still have answered them, had it been possible for mankind to have remained in a state of primeval simplicity: as may be col. lected from the manners of many American nations when first discovered by the Europeans; and from the ancient method of living among the first Europeans themselves, if we may credit either the memorials of them preserved in the golden age of the poets, or the uniform accounts given by historians of those times wherein erant omnia communia et indivisa omnibus, veluti unum cunctis patrimonium esset?. Not that this communion of goods seems ever to have been applicable, even in the earliest ages, to aught but the substance of the thing; nor could be extended to the use of it. For by the law of nature and reason, he who first began to use it acquired therein a kind of transient property, that lasted so long as lie was using it, and no longer 3: or, to speak with greater precision, the right of possession continued for the same time only that the act of possession lasted. Thus the ground was in common, and no part of it was the permanent property of any man in particular: yet whoever was in the occnpation of any determinate spot of it, for rest, for shade, or the like, acquired for the time a sort of ownership, from which it would have been unjust, and contrary to the law of nature, to have driven him by force; but the instant that he quitted the use or occupation of it, another might seize it without injustice. Thus also a vine or other tree might be said to be in common, as all men were equally entitled to its produce; and yet any private individual might gain the sole property of the fruit, which he had gathered for his own repast. A doctrine well illustrated by Cicero, who compares the world to a great theatre, which is common to the public, and yet the place which any man has taken is for the time his own“.
i Gen, i. 28.
2. Justin. I. 43. c. 1.
But when mankind increased in number, craft, and ambition, it became necessary to entertain conceptions of more permanent dominion; and to appropriate to individuals, not the immediate use only, but the very substance of the thing to be used. Otherwise innumerable tumults must have arisen, and the good order of the world been continually broken and disturbed, while a variety of persons were striving who should get the first occupation of the same thing, or disputing which of them had actually gained it. As hunian life also grew more and more refined, abundance of conveniences were devised to render it more easy, commodious, and agreeable; as, habitations for shelter and safety, and raiment for warinth and decency. But no man would be at the trouble to provide either, so long as he had only an usufructuary property in them, which was to cease the instant that he quitted possession ;-if, as soon as he walked ont of his tent, or pulled off his garment, the next stranger who came by would have a right to inhabit the one, and to wear the other. In the case of habitations, in particular, it was natural to observe, that even the brute creation, to whom every thing else was in common, maintained a kind of permanent property in their dwellings, especially for the protection of their young; that the birds of the air had nests, and the beasts of the field had caverns, the invasion of which they deemed a very flagrant injustice, and would sacrifice their lives to preserve them. Hence a property was soon established in every man's house and homestall; which seem to have been originally mere temporary huts or moveable cabins, suited to the design of Providence for more speedily peopling the earth, and suited to the wandering life of their owners, before any extensive property in the soil or ground was established. And there can be no doubt, but that moveables of every kind became sooner appropriated than the permanent substantial soil; partly
3 Barbeyr. Puff. 1. 4. c. 4.
4 Quem admodum theatrum, cum commune, sit recte, tamen dici potest, ejus esse eain locum quem quisque occuparit. De Fin. 1. 3. c. 26,