Ch. 7: Politics - Page 2

opened to more intelligence, the code is seen to be brute and stammering. It speaks not articulately, and must be made to. Meantime the education of the general mind never stops. The reveries of the true and simple are prophetic. What the tender poetic youth dreams, and prays, and paints to-day, but shuns the ridicule of saying aloud, shall presently be the resolutions of public bodies; then shall be carried as grievance and bill of rights through conflict and war, and then shall be triumphant law and establishment for a hundred years, until it gives place in turn to new prayers and pictures. The history of the State sketches in coarse outline the progress of thought, and follows at a distance the delicacy of culture and of aspiration.

The theory of politics which has possessed the mind of men, and which they have expressed the best they could in their laws and in their revolutions, considers persons and property as the two objects for whose protection government exists. Of persons, all have equal rights, in virtue of being identical in nature. This interest of course with its whole power demands a democracy. Whilst the rights of all as persons are equal, in virtue of their access to reason, their rights in property are very unequal. One man owns his clothes, and another owns a county. This accident, depending primarily on the skill and virtue of the parties, of which there is every degree, and secondarily on patrimony, falls unequally, and its rights of course are unequal. Personal rights, universally the same, demand a government framed on the ratio of the census; property demands a government framed on the ratio of owners and of owning. Laban, who has flocks and herds, wishes them looked after by an officer on the frontiers, lest the Midianites shall drive them off; and pays a tax to that end. Jacob has no flocks or herds and no fear of the Midianites, and pays no tax to the officer. It seemed fit that Laban and Jacob should have equal rights to elect the officer who is to defend their persons, but that Laban and not Jacob should elect the officer who is to guard the sheep and cattle. And if question arise whether additional officers or watch-towers should be provided, must not Laban and Isaac, and those who must sell part of their herds to buy protection for the rest, judge better of this, and with more right, than Jacob, who, because he is a youth and a traveller, eats their bread and not his own?

In the earliest society the proprietors made their own wealth, and so long as it comes to the owners in the direct way, no other opinion would arise in any equitable community than that property should make the law for property, and persons the law for persons.

But property passes through donation or inheritance to those who do not create it. Gift, in one case, makes it as really the new owner's, as labor made it the first owner's: in the other case, of patrimony, the law makes an ownership which will be valid in each