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Right of Property 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 CHAN- CELLOR.) 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 con- vulse 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 com- pletely ignorant of the first elements of criminal legisla- tion, 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 law- making, except gradually and quietly to repeal all exist- mg laws, is arrant humbug. Such being his weR weighed and long cherished oonviction, he cannot pos- sibly feelanyrespect for titles, dignities, oYees, indi- viduals, or acts which have and can have no other possible claim to approbatlon_ than the supposition ii. that le_slation and its consequences are of vital im- portance to the welfare of society, l-re mentions this circumstance, to account for some, perhaps, strong ex- pressions and peculiar opinions, while he hopes by demonstrating, that even property is uo_.regulated and determined by human laws, to prepare the mind of the reader to admit the general principle, that society can exist and prosper without the lau'maker, and copse- quently without the taxgatherer. He is quite aware. that such a conclusion, generally adopted, must be the work of time. and of a mightier artist than ever wrote with pen, but he is not without hope, that the present and his meditated work, should he find leisure and etr- cooragement to undertake the publication, may contri- bute to what he thinks so desirable a result. He is aware alsoj, that speculations of this kind have no charm for the multitude. He t,as learnt, by expe- rience, that books of this description are not and can- not be much read. Popular displays of popular errors, or of these truths which have been long enough known to form a part ef the general creed, pretended illustra- tions of the progress of society, drawn up in the form of novels, pictures of individual life, biographies, as it were, of any particular state or condition, may have a strong charm for many readers, and sell so extensively, as to procure an ample remuneration fer author, pub- lis_er, and bookseller. But works unfolding a dawning truth, which is afterwards to become a part of the gene- ral stock of knowledge, which lay claim to increase the extent of abstract moral science, which announce a dis- covery, and because it is a discovery, or an extension of kno_vledge, it cannot be immediately understood, much less immediately popular_works of this kind o° cannot be much read : and therefore, wi_h the i;rudence of a tradesman and the calculation of a poor man, he has put a large price on this book, and printed only a small number of copies, in order that he may not lo_e a great :_ .F t_o IlL ._um by his speculation. The book _il], undoubtedly, be compared, as to size and price, with nameroDs popular books of the classes lust me_,tioned, and will be tried by the price of those which are expected to sell to the extent of several thollsand copies. Compared, there- fore, to volumes of the "' Library of Entertaining Know- ]edge, or of the '" Fami,'v Library,," it must appear out- rageously high priced. 'i'his will, bowever_ sl.ew that it is not intended for the poor. It is not likely, indeed, to be popular with any class. It flatters co passion*_ It neither proves that" the wealth of the rich is ]n the order of the nature, I.or justifies the desire of spoliation in the poor. It ex..cour,_ges no hopes of _rJd'_ng a speedy remedy for present evi:s, and seet,.:s destined to find no favonn with any one class, because all look only tothe law either for |;rotection or improvement. F]a_ering no popular prejudice, and basilig itself o,l no W-pular creed, it appeals to reasen ; and the autl:or ",,no,v_.-_ the judges in that court are fear, and too ]ud6Ient to inquire diIigently into the ca_:ses u hich are breeght before it. Such as the book is, conscious of meaning _e]!, however the execu- tioxl may have fallen sho:-t, or gone _-ide of his inten- tim_s, t[ae author commi'.s his prod._ction to the mercy of the law and the justice of his com_trymc_n. CONTENTS. Letters. Page. FIRST Reasons for addressing 3fr. Brougham.--His Law commission.-- 1ts inutility.--The necessity of in- quiry into first principles.--THw RIGHT OFPaO- P__rr is one of these principles, and the founda- tion of the poliileal edifice.--Important difference of opinion between Mr, Locke and Mr. Bentham, as to the origin of this fight - - - ] SECOND . Mr. Locke's opinion of this fight adopted and confirmed.wProofs of its existence at all times and plaees.--Proof that M. Dumont is wrong in ascribing a sense of security to le_slation 23 THXRD . _Vhat is the law!--$Vho are the law makers, tm The law is a great scheme of rules intended to preserve the power of governm2nt, secure the wealth of the landowner, the priest, and the ea- pitalist_ but never to secure his produce to the labourer.--The law-maker is never a labourer, and has no natural right to any wealth.--He takes no notice of the natural fight of property. --Blanifold miseries which result from his ap- propriating the produce of labour, and from the legal right of property being in opposition to the natural ..... 44 FOraTH. Ori_n of the right ofproperty in land_--Changes which it is undergo.=ng._The quantity of land required to raise subsistence gradually dimi- nishes.--Important principle overlooked by Mr. Malthus and his followers.--Appropriation of l_nd in Europe - - - 61 FIRTH False pretexts and real objects of the le_slator. _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._The revenue of the state.--The _bolJtion of slavelT_ and the rise and progress of the middle classes, contrary to the legislator's wiU._IHustra_on of the usury laws,_Altcration in the right of.property 76 CONTENTS. SIXT_[ Identity of Lord Bacon and Mr. Locke's philoso- phy.wLaw-makers in establishing a right of property only copy a previous usage.--Examples of the test acts and Catholic emancipation.m The press.mLast act of legislation.--Examples of Peter the Great and Joseph II.--Of the mid- dle ages.--Of forgery.--An example in the time of Athelstan.--In modern Mexico.--Attempts to abolish _dlleinage on the continent.--The French revolution .... 105 SEVENTH[ The existing right of property is guaranteed by _) opinion, not by law.--Source of the opposite mistake.--Protection afforded by law against governments._Illustrafionof Tul'kvy and BH- t_in. -- Illustrations of opinion gllaxanteeing rights, not taws._Tenants at will in England and Italy.--Property of tradcl_._Domestic rights._All rights are guaranteed by opinion 130 EmnTa Not intended to go deeply into this subject.raThe "' sufferings and crimes of the oppressed labourer _ overlooked.--The pains and penalties-suffered _: by the oppressors only adverted to.--Mr. Combe:s ;" description of the present state of society._ Fraud, forgery, and overtrading, all result from an artificial right of property.--No le#slative remedy suggested for these evils, becausc legisla- :: tion has no influence over natural laws.--So- ciety a natural phenomenon._Conclusion 147 !- POSTSCRIPT Change in the situation of theLord Chancellor.-- Reasons for belie_-ing that his former liberality of sentiment was assumed.--The Lord Chancel- lor's attack upon the author.--Changes in Eu- rope.wAs they have not led to social happiness, men will and necessarily must inquire into the Right of Property.--Other proofs of this neces- sity.wAnswer to the statement_ that these doc- trines lead to no legal improvement.--It has been shewn that property is not regulated by i human laws, and therefore society is not._The power which has regulated it in past times must be trustedin future.--Souree of the alarm as to ;: property, and reasons for belie,-ing it unfounded, _Conclusion - - 164 • P LETTER THE FIRST.
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