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THE OUR HOME us abour. my lep o make a Jeagle nuustrivs 3. vitont minstry, the laws ammut provide etter subsistems or employment; AW8-30UG Base zum grow without it and care, me tours without art and diligenes. In spite FLAWS DE 4xpert, aperons jonest working miles, referees to the hay, the sub. Te Tavement. mi sasve and this is not Te more The wo autants of the sume vil Jee. Toin Is the people of two different coomTies, which communicate ather with each other. ! ar with the rest of the world. The numural basis of Tie & Taship of nauity and price, or, which is he same ting fsil and industry. Every atempt Do Tere Tade of operation of law, that is, by compelling persons to buy goods at one market, When he ran on cheaper and better from another. is sure thereinded by the quick-sightsiness unit nessunt activity of private interest, or to be frustrated by reculation. One half of the commercial eve of many states are calculused merely to counteract the restrictions which have been imposed by other states. Perhaps the caly way in which the interposition of law is salutary in trade, is in the prevention of frands

Next to the indispensable requisites of internal security, the chief advantage which can to population from the interference of to me to consist in the encouragement

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This, at least, is the direct way of e number of the people: every other effectual only by its influence upon this.

expedient by which such a purd, is to adjust the laws of proDossible, to the two following to the occupier all the power necessary for its perfect cul"to assign the whole profit of the persons by whose activity What we call property in land, ed above, is power over it. Now

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it is indifferent to the public in whose hands this power resides, if it be rightly used; it matters not to whom the land belongs, if it be well cultivated. When we lament that great estates are often united in the same hand, or complain that one man possesses what would be sufficient for a thousand, we suffer ourselves to be misled by words. The owner of ten thousand pounds a year, consumes little more of the produce of the soil than the owner of ten pounds a year. If the cultivation be equal, the estate, in the hands of one great lord, affords subsistence and employment to the same number of persons as it would do if it were divided amongst a hundred proprietors. In like manner we ought to judge of the effect upon the public interest, which may arise from lands being holden by the king, or by the subject: by private persons, or by corporations; by laymen, or ecclesiastics; in fee, or for life; by virtue of office, or in right of inheritance. I do not mean that these varieties make no difference, but I mean that all the difference they do make respects the cultivation of the lands which are so holden.

There exist in this country conditions of tenure which condemn the land itself to perpetual sterility. Of this kind is the right of common, which precludes each proprietor from the improvement, or even the convenient occupation, of his estate, without (what seldom can be obtained) the consent of many others. This tenure is also usually embarrassed by the interference of manorial claims, under which it often happens that the surface belongs to one owner, and the soil to another; so that neither owner can stir a clod without the concurrence of his partner in the property. In many manors, the tenant is restrained from granting leases beyond a short term of years, which renders every plan of solid improve ment impracticable. In these cases, the own wants, what the first rule of rationa! quires, "sufficient power over the fect cultivation." This power oug ed to him by some easy and gener chisement, partition, and enclosure compulsory upon the lord, or the re whilst it has in view the melioration

riages, when the expenses of a family must deprive them of that system of accommodation to which they have habituated their expectations. Laws, by their protection, by assuring to the labourer the fruit and profit of his labour, may help to make a people industrious; but, without industry, the laws cannot provide either subsistence or employment; laws cannot make corn grow without toil and care, or trade flourish without art and diligence. In spite of all laws, the expert, laborious, honest workman will be employed, in preference to the lazy, the unskilful, the fraudulent, and evasive: and this is not the more true of two inhabitants of the same village, than it is of the people of two different countries, which communicate either with each other, or with the rest of the world. The natural basis of trade is rivalship of quality and price; or, which is the same thing, of skill and industry. Every attempt to force trade by operation of law, that is, by compelling persons to buy goods at one market, which they can obtain cheaper and better from another, is sure to be either eluded by the quick-sightedness and incessant activity of private interest, or to be frustrated by retaliation. One half of the commercial laws of many states are calculated mere. ly to count act the restrictions which have been imposed by other states. Perhaps the only way in which the interposition of law is salutary in trade, is in the prevention of frauds.

Next to the indispensable requisites of internal peace and security, the chief advantage which can be derived to population from the interference of law, appears to me to consist in the encouragement of agriculture. This, at least, is the direct way of increasing the number of the people: every other mode being effectual only by its influence upon this. Now the principal expedient by which such a purpose can be promoted, is to adjust the laws of ргоperty, as nearly as possible, to the two following rules: first, "to give to the occupier all the power over the soil which is necessary for its perfect cultivation ;"-secondly, "to assign the whole profit of every improvement to the persons by whose activity it is carried on." What we call property in land, as hath been observed above, is power over it. Now

it is indifferent to the public in whose hands this power resides, if it be rightly used; it matters not to whom the land belongs, if it be well cultivated. When we lament that great estates are often united in the same hand, or complain that one man possesses what would be sufficient for a thousand, we suffer ourselves to be misled by words. The owner of ten thousand pounds a year, consumes little more of the produce of the soil than the owner of ten pounds a year. If the cultivation be equal, the estate, in the hands of one great lord, affords subsistence and employment to the same number of persons as it would do if it were divided amongst a hundred proprietors. In like manner we ought to judge of the effect upon the public interest, which may arise from lands being holden by the king, or by the subject: by private persons, or by corporations; by laymen, or ecclesiastics; in fee, or for life; by virtue of office, or in right of inheritance. I do not mean that these varieties make no difference, but I mean that all the difference they do make respects the cultivation of the lands which are so holden.

There exist in this country conditions of tenure which condemn the land itself to perpetual sterility. Of this kind is the right of common, which precludes each proprietor from the improvement, or even the convenient occupation, of his estate, without (what seldom can be obtained) the consent of many others. This tenure is also usually embarrassed by the interference of manorial claims, under which it often happens that the surface belongs to one owner, and the soil to another; so that neither owner can stir a clod without the concurrence of his partner in the property. In many manors, the tenant is restrained from granting leases beyond a short term of years, which renders every plan of solid improvement impracticable. In these cases, the owner wants, what the first rule of rational policy requires, "sufficient power over the soil for its perfect cultivation." This power ought to be extended to him by some easy and general law of enfranchisement, partition, and enclosure; which, though compulsory upon the lord, or the rest of the tenants, whilst it has in view the melioration of the soil, and

tenders an equitable compensation for every right that it takes away, is neither more arbitrary, nor more dangerous to the stability of property, than that which is done in the construction of roads, bridges, embankments, navigable canals, and indeed in almost every public work, in which private owners of land are obliged to accept that price for their property which an indifferent jury may award. It may here, however, be proper to observe, that although the enclosure of wastes and pastures be generally beneficial to population, yet the enclosure of lands in tillage, in order to convert them into pastures, is as generally hurtful.

But, secondly, agriculture is discouraged by every constitution of landed property which lets in those, who have no concern in the improvement, to a participation of the profit. This objection is applicable to all such customs of manors as subject the proprietor, upon the death of the lord or tenant, or the alienation of the estate, to a fine apportioned to the improved value of the land. But of all institutions which are in this way adverse to cultivation and improvement, none is so noxious as that of tithes. A claimant here enters into the produce, who contributed no assistance whatever to the production. When years, perhaps, of care and toil have matured an improvement; when the husbandman sees new crops ripening to his skill and industry; the moment he is ready to put his sickle to the grain, he finds himself compelled to divide his harvest with a stranger. Tithes are a tax not only upon industry, but upon that industry which feeds mankind; upon that species of exertion which it is the aim of all wise laws to cherish and promote; and to uphold and excite which, composes, as we have seen, the main benefit that the community receives from the whole system of trade, and the success of commerce. And, together with the more general inconveniency that attends the exaction of tithes, there is this additional evil, in the mode at least according to which they are collected at present, that they operate as a bounty upon pasturage. The burden of the tax falls with its chief, if not with its whole weight, upon tillage; that is to say, upon that precise mode of cultiva

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