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.censured by Gisborne*, who considers the ordinary case of indigence only as a ground of reasonable expectation on the part of the indigent from the possessor of property. On the extraordinary case of indigence, which Puffendorf and Paley have elevated into a right, he is silent: and, last of all, Mr. Malthus applies the principle of population to solve the riddle; and comes to the conclusion in general terms, that "the poor have no right to relief."-Essay on the Principles of Population, 5th edit. vol. iii. p. 342.

Convinced as I am of the justness of the principle of population, and of the light it throws on the benevolence of the Deity, especially as enlarged upon and applied by Mr. Sumner; yet with full conviction on this point, I have the authority of Mr. Malthus himself for not admitting all the conclusions he draws from it; for I think he has fallen into the same error with the other writers on the subject, of which I shall presently speak; and further, that he abandons his own principles for it appears to me, that there is not a part of the general reasoning which he makes use of to exclude the right of the indigent in general on the possessors of property, which does not equally exclude the right of children on their own parents. Self-love is a stronger principle

* Remarks on Paley, 3d edition, p. 227, 228, 229.
+ Vol. iii. p. 346.

of action than benevolence; but they are placed by the Author of our being so near to each other, and the latter principle is so exalted by the great. Christian precept into a virtue, that in well-regulated minds the distinction is very difficult to define. Mr. Malthus, with the other wise and good men above cited, strives to overwhelm this moral feeling with subtle and scholastic refinement; and perhaps, on their principles, the earliest moralist who has written on the subject has come to the most natural conclusion, when he confines our sacrifices and exertions for the support and preservation of another within the limits of the necessary attention to our own support and pre→ servation: "Dabo egenti, sed non ut ipse egeam; succurram perituro, sed ut ipse non peream."Seneca de Beneficis, lib. ii. c. 15.

It is with great diffidence that I offer a solution which places the right, claim, obligation perfect or imperfect, reasonable expectation, or whatever name may be adopted to designate it by, upon a surer ground, consistent with the right of property, the duties of natural, and the precepts of revealed, religion. And I think this solution deducible from the historical view with which I commenced, and the consideration of which, indeed, led me to it; and from the moral feeling, no less a part of the history of the human mind, which breaks forth in the writings of the theore

tical writers, who, while they acknowledge the co-existence of the rights of property, and of self-preservation, seem to have always felt the difficulty of reconciling them. The term property is well understood, and requires no particular explanation. But that condition in civil society, wherein a human being, having exerted all honest endeavours to procure subsistence; or wherein, by age, sickness, or unavoidable calamity, he is rendered incapable of exerting them; would, in obedience to the great law of self-preservation, be justified in invading the right of property,—I have hitherto, with a view of limiting the meaning of terms, denominated indigence; and this word, which, adopted from the Latin, has a similar or rather more intense meaning than the word egestas, admits with that a perfect distinction from poverty on one hand, and mendicity on the other*.

Poverty is compatible with honesty and respectability; indigence with the former; but mendicity with neither, and is, indeed, the first step to dishonesty.

The view which moralists seem hitherto to have taken of the subject, implies the existence

* " Itaque istam paupertatem vel potius egestatem et mendicitatem tuam nunquam obscure tulisti."-Cicero in Paradoxis, 6.

"Charity consists in relieving the indigent."-Addison, quoted in Johnson's Dictionary in verbo.

of only two parties*,-the possessor of property, and the indigent person; forgetting, that as property must imply sovereign power to protect it, there must exist a third party, in general reasoning, denominated the state, whose intervention will, perhaps, tend to reconcile these anomalies.

In that state of society where property has once taken place, as all cannot be possessors, some must of necessity be without it, and therefore indigent. But all the subjects of a state have equally a right to its protection: those who have property, to the protection of property; those who have nothing but life, to the preservation of it. And I so far agree with Grotius, that, in submitting to the restraints of civil society, the tendency of which is the amelioration of his condition, man did not resign the great right of self-preservation; which Burlamaqui calls unalienable. The state is, therefore, justified in applying its revenues to the preservation of the life of its indigent subjects. But the revenues of the

*"Doslinages solos hay en el mundo, como decia una agüela mia, que son el tener y el no tener, aunque ella al del tener se atenia."-Don Quixote, iii. 252.

"The world (says Sancho Panza) is divided into only two families, The Have-somethings, and The Have-nothings. My old Grandmother, who gave me this piece of information, always stuck to the Have-somethings."

Thus some of the principles of the Modern Philosophy are neither new in their origin, nor, perhaps, in their application. Do Modern Philosophers prefer making their doctrines palatable to the Have-somethings at the expense of the Have-nothings?

state, as such, can be only derived from the possessors of property; and therefore I conclude, that, through the intervention of the state, the INDIGENT have a RIGHT to relief from the possessors of property*.

Puffendorf, in another of his works, seems to admit this right of the indigent to relief from the state; and, indeed, in the passage of his larger work, above quoted, he subjoins, that the mode of remedy is by application to the magistrate: and in times of scarcity, when the number of the indigent must naturally be augmented in a state, he justifies a recourse to violent measures on the part of the indigent against property for the preservation of life, only on the supposition that the magistrate has neglected his duty in making proper provision for this exigency.


Right and duty," says one of the best writers on the subject, "are, as the logicians speak, correlative terms. One of these ideas necessarily supposes the other; and it is impossible to conceive a right, without at the same time conceiv

See the extracts from the Discourses of Nicole Poulle : Sermon sur l'Aumone. Bossuet-Panegyrique de St. François, in Levizac, Bibliotheque Portative, vol. i. p. 164-169.

+ "Quanquam autem summi imperantes subditos alere non teneantur, nisi quod eorum qui per immeritam aliquam calamitatem seipsos sustentare non possunt, peculiarem curam agere caritas jubet."-De Officio Hominis, 1. 2. c. 11.

+ "Si summa urgeat necessitas. magistratus."—Lib. 3. c. 6.

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