ALBERT R. MANN LIBRARY New York State Colleges OF Agriculture and Home Economics AT Cornell University Cornell University Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013714237 BIRTHRIGHT IN LAND THE ABERDEEN UNIVERSITY PRESS. %/(>wiei'^^ iy9,^^^urui^ BIRTHRIGHT IN LAND BY WILLIAM OGILVIE OF PITTENSEAR PROFESSOR OF HUMANLTV, AND LECTURER ON POLITICAL AND NATURAL HISTORY, ANTIQUITIES, CRITICISM, AND RHETORIC, IN THE UNIVERSITY AND king's COLLEGE OF ABERDEEN WITH BIOGRAPHICAL NOTES BY D. C. MACDONALD Thy kingdom come: Thy will be done ON THE EARTH, as it is in Heaven. Then let its pray thai come it may. As come it will /or a' that, TluLt man to man the warld o'er. Shall brothers be for a' that. J LON DON KEGAN PAUL, TRENCH, TRUBNER & CO., LTD. I 89 I Hontmr thy father and thy mother that thy days may he long iifon the LAND which the Lord thy God giveth thee : birthright tenure ! OF WILLIAM OGILVIE, ROBERT BURNS, JOHN LOCKE, A nd^ last but not leasts GEORGE BUCHANAN, ¥our lovers of mankind^ whose achievements m the cause of jftistice, of Love, of Truth, and of Liberty, if fully known and followed up, would deprive superstition, hypocrisy, ignorance, and oppression of their mono- polising power over the Natural Rights of man, and could not fail to establish that measure of happiness in this world which every rational being ought to enjoy in accordance with the intentions of a Benevolent Creator, by whose Sovereign Power the wish to be happy is implaiiUd in the human breast. CONTENTS. I. Preface, .... . ix II. Reprint of Professor Ogilvie's "Essay on the Right of Property in Land," &c., with facsimile title page, synoptical Con tents, Introduction, and foot notes, all from the Author's own pen, . . . . . . i III. Alphabetical Index, . . . . 123 IV. Biographical Notes, . 141 V. Appendix, . 388 PLATES. Portrait of the Author. " The Sapient Septemviri.' -L- PREFACE. THIS work was written between 1776 and 1 78 1, about a hundred years before Mr. Henry George wrote his Progress and Poverty. Both authors traversed the sorrowful jungle of Political Economy, and both discovered " the central truth ". The independent testimony of the one is corroborated by the equally independent testimony of the other. The same truth was revealed to John Locke between the years 1680 and 1690. And is there any doubt that it was seen by Moses, David, Socrates, and a host of prophets, poets, and philosophers, ages and ages before ? Do we not find the Birthright of Man stereo- typed in the words " Our Father " ? The Faiths of the world, ancient and modern, whether con- sidered natural or revealed, have all something in them, in common with genuine Christianity, which d&Q[a.re^ " Equality of Rights'' between man and man. " Whether," says Locke,* " we consider natural * Essay on Civil Government. b X Preface. reason, which tells us that men, being once born, have a right to their preservation, and consequently to meat and drink and such other things as Nature affords for their subsistence, or ' revelation,' which gives us an account of those grants God made of the world to Adam, and to Noah and his sons, it is very clear that God, as King David says (Psalm cxv. , 1 6), ' hath given the earth to the children of Tfien' given it to mankind in common. " As much land as a man tills, plants, improves, cultivates, and can use the product of, so much is his property. He, dy his labour, does, as it were, enclose it from the common. " God gave the world to men in common ; but since He gave it for their benefit and the greatest conveniencies of life they were capable to draw from it, it cannot be supposed He meant it should always remain common and uncultivated. He gave it to the use of the industrious and rational {and labour was to be his title to it) ; not to the fancy or covetousness of the quarrelsome and contentious." And adds Professor Ogilvie : " Nor yet that it should be appropriated in such a manner as that, when not more than half cultivated, the farther cultivation and improve- ment should be stopped short, and the in- dustry of millions willing to employ themselves in rendering the earth more fertile should be ex- cluded from its proper field, and denied any parcel Preface. xi of the soil, on which it could be exercised, with security of reaping its full produce and just reward''. " This title to an equal share of pro- perty in land " is declared by Professor Ogilvie to be a-" Birthright which every citizen still retains." We shall see how far he advanced the question towards the standpoint of Progress and Poverty. " The reform," says Mr. Henry George, " I have proposed ... is but the carrying out in letter and spirit of the truth enunciated in the Declaration of Independence — the ' self-evident ' truth that is the heart and soul of the Declaration — ' That all men are created equal ; that they are endowed by their Creator with certain inalienable rights ; that among them are life, liberty, and the pursuit of happiness ! ' " These rights are denied when the equal right to land— on which and by which alone men can live — is denied. Equality of political rights will not compensate for the denial of the equal right to the bounty of nat^t■re. Political liberty when the equal right to land is denied, becomes, as popula- tion increases and invention goes on, merely the liberty to compete for employment at starvation wages. This is the truth that we have ignored." Such being the disease, what is the cure ? "It is necessary," says the Philosopher of Pittensear, " that the object to be aimed at, and the means by which it may be obtained, should be xii Preface. again and again stated to the public in a variety of speculative views, and so rendered familiar to the understandings of men. " Internal convulsions have arisen in many- countries by which the decisive power of the state has been thrown, for a short while at least, into the hands of the collective body of the people. In these junctures they might have obtained a just re-establishment of their natiiral rights to indepen- dence of cidtivation and to property in land, had TFIEY BEEN THEMSELVES AWARE OF THEIR TITLE TO SUCH RIGHTS, and had there been any leaders pre- pared to direct them in the mode of stating their just claim, and supporting it with necessary firm- ness and becoming moderation. Such was the revolution of 1688, at which time, surely, an article declarative of the natural right of property in LAND might have been inserted in the Bill of Rights, HAD the people at LARGE BEEN BEFORE- HAND TAUGHT TO UNDERSTAND THAT THEY WERE POSSESSED OF ANY SUCH CLAIM. Siuh also was the late convulsion in America {ly'/d), the favourable opportunities of which are not yet exhausted." It is interesting, as well as instructive, to notice the harmony that pervades the writings of these three Apostles of Mans natural right to independ- ence, his liberty to labour, and his Birthright in land. John Locke stirred up the English Revolu- tion of 1688, and in doing so he set a good Preface. xiii example to the rest of the world, and raised his country to a glorious position among nations. We are only beginning to see this now. William Ogilvie was neither an idle spectator of the French Revolution of i 789, nor of the American Revolu- tion of 1 776. The man who regarded Revolutions as " favourable opportunities " for restoring the natural rights of mankind was, like John Locke, a practical philosopher. Mr. Henry George, as a political philosopher, is equally practical. He is a child of 1776, 111 spirit and in truth! He is a Lockist as regards the rights of labour — labour being the title and also the measure which alone can give to the individual an exclusive right of property in natural products. And he is an Ogilvist (which is only a logical development of the Lockist) as regards man's Birthright in Land — the basis of the Single Tax, and the door through which Labour may freely enter into pos- session, and enjoy, not a mere portion of its fruit, which some tyrant may set apart, but " its full produce and just reward ". Sad and strange to say, amidst our boasted civilisation, our profession of the Christian Faith, and our avowed belief in one impartial God, all knowledge in regard to the just and equal right of mankind to participate in the bounties of Nature, has hitherto been systematically boy- cotted. Until recently, the teacher of such prin- xiv Preface. ciples was treated by Law and Order as a dangerous criminal. John Locke had to take shelter in Holland. William Ogilvie had to con- ceal himself under a bushel in Scotland. Many a noble son of Erin had to mount the gallows, while thousands suffered imprisonment, and millions were exiled from that unhappy country — a country which is still held like a mangled corpse in the crocodile jaws of commercial landlordism ; and the monster will not let go its hold except on one condition, namely, to be allowed to gorge itself with British blood. But why not utterly destroy this monster .i* What better service for our soldiers, blue-jackets, and policemen, than to employ themselves in destroying this common enemy of mankind.'' Parliament could do it, a royal warrant could do it, the sufferers have a right to do it, nay " every man hath a right " to destroy such monsters. " In transgressing the law of Nature," says John Locke, " the offender declares himself to live by another rule than that of reason and common equity, which is that measure God has set to the actions of men for their mutual security, and so he becomes dan- gerous to mankind ; the tie which is to secure them from injury and violence being slighted and broken by him, which being a trespass against the whole species, and the peace and safety of it, provided for by the law of Nature, every man upon this Preface. xv score, by the right he hath to preserve mankind in general, may restrain, or where it is necessary, destroy things noxious to them, and so may bring such evil on any one vs^ho hath transgressed that law, as may make him repent the doing of it, and thereby deter him, and, by his example, others from doing the like mischief And in this case, and upon this ground, every man hath a right to punish the offender, and be the executioner of the law of Nature." * The benevolent and magnanimous Professor Ogilvie had this passage before him when he wrote the first section of his Essay. In a foot-note he says : — " It were unjust to censure the proprietors of land, however, for retaining and exercising, as they do, a right whose foundations have not been inquired into, and whose extent no one as yet controverted ". Then he goes on to explain that ignorance is the root of the evil. There were many cases to which the modified doctrine of Professor Ogilvie would apply, e.g., the "humane landlords of England " of his own time, and some of the princes of ancient times, " who lived for the happiness of their people ". The commercial land- lord, who, he tells us in the same note, is "of all citizens the most pernicious," who burkes all inquiry into the foundations of his right, and who * The renowned George Buchanan, the great-grand-father of British Liberty, puts it even stronger than this. (See page 319). xvi Preface. with the aid of lawyers and priests, fills the eyes of mankind with the dust of ignorance, he would leave to be dealt with in accordance with the prin- ciples approbated by Locke. We should not degenerate from these principles, and it is to be hoped that few readers will grudge the references here made to the once famous, but now forgotten — strangely forgotten — writings of one of the best of men, and one of the greatest philosophers the world ever produced, namely, John Locke. Professor Ogilvie, who came after Locke, de- votes himself in this treatise to one subject — Birthright in land, it may be called. And the Author may be justly styled — The Eticlid of Land Law Reform. He has left little or nothing un- solved in connection with the Land Question. He has given us a true base line — man's equal right to the raw material of the earth, to the air, to the water, to the rays of the sun, and all natural pro- ducts — from which we can work out any problem, and by which we can test the " title and measure" of every man's property. Resting on this base line — man's natural rights, — he represents to us the perpendicular line of mans right to labour, " with security of reaping its full produce and just reward". Here we have the question in a nut- shell. Take away the base line, and you have no right to labour, and no produce or reward, except what may be meted out by the usurper of your Preface. xvii natural rights. You have to beg for leave to toil ! We thus see clearly how the robbery of labour may be prevented, and how impossible it is to put a stop to such robbery while the industrial classes neglect to claim and exercise their natural right — their right to an equal share in the earth, and all its natural products. Strikes against low wages, high rents, unjust taxation, absurd conflicts between capital and labour, rebellions against this or that form of government, are futile skirmishes, and very fre- quently are of the suicidal cock-fighting order, at which the real enemy, elevated on a grand stand, simply laugh. To contend successfully with these evils, society must learn to begin at the source thereof While labourers are content to re- main deprived of their natural rights, they must pay whatever ransom the brigands who have seized these rights choose to demand. Not only is industry robbed, taxed, and crippled, but the brigand, as dog-in-the-manger, very often puts an entire stop to it, and thus the happiness and comfort of millions of mankind, who are willing to work, are curtailed or wholly sacrificed, and misery and starvation reign instead. I am somewhat afraid to say hard things against brigandage. An institution that is still propped up by Law and Order, and supported (or winked at) on almost every hand by the avowed servants of Jesus Christ, xviii Preface. must be touched with a " gentle hand". William Ogilvie has done so in the Essay now before us. Although a landlord himself, he did not disregard the truth, and it will be found that his pen was guided by an impartial and benevolent spirit. I do not require to introduce the author to the reader. He has written his own Introduction. It may, however, be noted that the practical schemes propounded in the Essay, were intended only as " examples and beginnings of reformation," to use the author's own cautious language, and should be read as such, and in the light of the cir- cumstances of his own time. Let the reader then peruse once more the closing sentence of the Essay and the author's note thereto, and ponder over the contents of the work, comparing his own ideas with those of the author, before coming to a hasty decision, and let no scheme for the happi- ness of mankind be rejected without at least attempting to substitute and promote a better one. The reader, in applying the author's principles to the present time, and having regard to present and future circumstances, will find that these principles are not of the hard and fast kind, but that they are in accordance with Natural Law, and therefore may be accepted as eter, al and universal in their application. The Index (pages 123 to 139) has been supplied by the editor. Its purpose, although partly synop- Preface. xix tical, is not to save the reader the pleasure of study- ing the text, but rather to stimulate a restudy, by comparing part with part, and reconsidering the whole anatomy of the work, with its bearing upon the present tide of thought in regard to the natural rights of mankind — Man's Birthright in Land. I When a child is born, we recognise that it has a natural right to its mother's milk, and no one can deny that it has the same right to mother-earth. It is really its mother-earth, plus the dew and sunshine from heaven and a little labour, that supplies the milk and everything else required for its subsistence. The monster that would de- prive a babe of its mother's milk, or would mono- polise the breasts of several mothers, to the exclusion of several children, is not more deserving of being destroyed than the monster who seizes absolute possession of more than his share of the common mother of mankind, to the exclusion of his fellow-creatures. Now, as these monsters are comparatively few, and were always a very small minority of the human race, the question naturally arises, Why the vast majority submit — why, in short, they do not destroy such monsters without a moment's consideration ? How are the monsters guarded ? By policemen ? — No. By soldiers i* — No. By gunboats and blue-jackets ? — No. By Law Courts and bailiffs ? — No. By the magical XX Preface. power of the sovereign ? — No, we do not now believe in the divine right of kings. By what then ? — By the clergy, for we still believe in their " divinity ". Our mothers at least do, and they are our first teachers, aiid we seldom forget what we learn when young, v The influence of the clergy over womankind, and woman's influence again over the whole race, explain how mankind have been, and continue to be, cheated out of their birthrights. The wily tyrants employ the clergy as their tools. A theology is invented. Truth and reason are boy- cotted. Ignorance is considered a virtue. The "virtue" of our mothers in this respect Is, indeed, specially guarded by the clergy and the Universi- ties. In order to perpetuate landlord serfdom, it is necessary to keep our mothers systematically ignorant of their children's birthright. By a most unchristian system of law and theology woman is regarded as an inferior being, while man is elevated to the position of a God — a Creator ! * Thus robbed of her natural position, and of her equal rights, in her own sphere, as a parent, she is con- demned to the position of a slave. In this position she brings forth her children. She generally does * This is a relic of Paganism— the worship of males. The -worship of the sun {on Sundays !) had its origin in the belief that "he" pro-created new life every Spring. This very ancient religion is not British. The grian (sun) of the Celts is not a fie, but a goddess with "golden locks," and so— with the Bard of Avon — " Juliet is the sun ! " Preface. xxi so by licence from the clergy. But notwithstand- ing this " divine licence," her children are treated as bastards. They are denied the right to draw one breath in their native land, unless the parents beg permission of the landlord. They have to pay for the right to live on his land. They are victims of humiliation and extortion from the cradle to the grave. The idea of a Birthright is entirely lost in the case of all children whose mothers are slaves. That sense of honour towards "thy mother," en- joined by Moses, is obliterated, when you have lost sight of your right to ' ' the land which the Lord thy God giveth thee ". When woman's natural rights as a parent are interfered with and curtailed, her natural duties to her offspring are rendered harder, and in many cases impossible to perform. The usual result is universal ignorance, slavery, and suffering of mankind. It is here we may read the real fall of man — the loss of his birthright — his miserable and slavish position — an outcast " Who begs a brother of the earth, To give him leave to toil " — who, like a dog, has to submit to the oppressor's rod, in the shape of insolent robbery or insulting expatriation at the instance of a Duke of Argyll, a Lord Clanricarde, or a Mr. A. J. Balfour. Where is the free woman — the natural mother — whose blood would not boil, and set a-boiling the blood of dead men, at the thought of her children xxii Preface. being so treated ? But as a slave she must submit. It is the duty of the clergy to stamp out all such natural and motherly feelings. The mothers of J ohn Locke's countrymen are kept, I believe, in greater ignorance of their children's birthright than the mothers of the most savage tribe in middle Africa. It is not necessary to come to Scotland or to cross the Irish Channel in order to witness how landlord- oppression and wage-slavery flourish under the shade and shelter of churches and steeples. " Asses, swine, have litter spread, And with fitting food are fed ; All things have a home but one : But thou, O Englishman, hast none ! " This is Slavery ! Savage men, Or wild beasts within a den, Would endure not as ye do ; But such ills they never knew. " \Vhat is Freedom ? Ye can tell' That which Slavery is too well, For its very name has grown To an echo of your own. " Tis to work and have such pay As just keeps life from day to day In your limbs, as in a cell For the tyrant's use to dwell : " So that ye for them are made. Loom and plough and sword and spade ; ^Vith or without your own will, bent To their defence and nourishment. Preface. "Tis to see your children weak, With their mothers pine and peak, When the winter winds are bleak — They are dying whilst I speak. " Tis to hunger for such diet, As the rich man in his riot Casts to the fat dogs that lie Surfeiting beneath his eye. " Men of England, wherefore plough For the lords who lay ye low ? Wherefore weave with toil and care The rich robes your tyrants wear ? "Wherefore feed, and clothe, and save, From the cradle to the grave. Those ungrateful drones who would Drain your sweat — nay, drink your blood ! " The seed ye sow another reaps ; The wealth ye find another keeps ; The robes ye weave another wears ; The arms ye forge another bears. " Sow seed — but let no tyrant reap ; Find wealth — let no impostor heap ; Weave robes — let not the idle wear ; Forge arms, in your defence to bear. " Let a great assembly be Of the fearless and the free, On some spot of Enghsh ground, Where the plains stretch wide around. XX iv Preface. " Men of England, Heirs of glory, Heroes of unwritten story, Nurslings of one mighty naother, Hopes of her and one another. " Rise, like lions after slumber. In unvanquishable number ! Shake your chains to earth like dew Which in sleep has fallen on you ! Ye are many — they are few ! " When the women of England will take up this song, it is then and only then that the Men of Eiigland W\\\ respond to the word "Rise!" The army, the navy, the volunteers, and the police will then no longer be content to strut about as the slaves of the classes while drawing their pay from the masses ! England I as the sanctuary of landlord- ism, thy cup is filling fast ; but whether the next revolution will be bloodless or otherwise, who can tell? True, the enemy "ai-e few," and unless" they" behave worse than madmen not a drop of blood need be spilt, no treasure or property need be wasted, and no industry need be injured. But while misery, injustice, and discontent reign, and all legitimate attempts at reform are discarded, postponed, and rejected by successive governments, an accidental spark may at any time create a confla- gration. The great French Revolution was not the result of a concerted plan. It was only the burst- ing forth of the streams of liberty and justice from the channels and sinks of iniquity and oppression Preface. xxv in which they had been so long confined. A con- certed plan would have succeeded better — a more skilful removal of the feudal earthworks would have prevented the flood from damaging the plains below. The blind forces of nature have to be con- trolled by intellectual skill, by scientific knowledge, and by education in the use and working of such forces. V The strongest force connected with human ' nature is maternal affection. The pagan priests knew this — hence the reason why they always made it their chief business to subject womankind to ignorance, superstition, and slavery. The Jewish priests treated women very much in the same way, notwithstanding the distinct commandment of Moses, who, by the way, must have honoured his mother fully as much, and deservedly so, as he did his father. Were we to probe history properly we would find how much the influence of woman has had to do with all the great reforms — the great re- volutions by which the world has been blessed. Women are compelled to work behind the scenes. They are forced to practise intrigue as the only means by which they can do any good to society. This has had a pernicious effect on their nature, and has been the cause of giving them a reputation for mean conduct wholly inconsistent with their natural instincts. Their whole training hitherto has undoubtedly tended to make them easy victims to ignorance, superstition, and slavery. /xxvi Preface. Jesus Christ attempted to raise woman to her natural position but His followers have discarded His doctrines. V The Apostle Paul seems to have been more of a Jew than a Christian in regard to the status of woman ; and it suited European feudal- ism to follow the Apostle rather than Christ. Hence woman's position in the Christian Europe of to-day is much lower than it was among the pagan Celts and Goths, who, Plutarch tells us, honoured their mothers, as well as their fathers, by giving them a place and a voice in their legislative assemblies. The sons and husbands of these women measured swords successfully with the proud warriors of the Roman empire, and they founded a new empire, on the throne of which now sits a woman — a lonely relic of western civilisation ! Nature having formed, endowed, and entrusted, woman to be the guardian of her children, and with the mutucil right to select who is to be their father, is it natural, is it just, is it reasonable, is it wise, to withhold from her the opportunities of intellectual, moral, or physical development enjoyed by the other sex ? Or is it natural, just, reason- able, or wise, that she should have no voice in the making of laws, which avowedly refer to the wel- fare of her special wards ? Is it for the benefit of societ)- that we have excluded maternal instinct, and its immediate influence, from our legislative Councils ? Our brutal, unjust, and unnatural laws Preface. xxvii will answer this question. Is it because women are too stupid that they are excluded ? No — that would rather be a recommendation, seeing that our Acts of Parliament are veritable monuments of confusion. Take, for example, our " Reform Acts," passed since 1832, as they now stand, and imagine if anything so hopelessly jumbled could be put together by an assembly of crazy old women. Our Franchise, Registration, and Voting Laws, instead of being as simple as ABC, so that a child could understand them, are composed of legal puzzles which many experts are not able to solve. Our representative system, with its house- hold suffrage denied to women, and which gives only a phantom franchise to men, is a barbarous relic of the dregs of feudalism, and forms part and parcel of the Land Laws. The ballot-box is necessary. What hold has an Englishman of his house while some lord owns the ground ou which it stands } The Duke of Argyll can dis- franchise every soul on his lands, with the ex- ception of the crofters who got "fixity of tenure" in 1886. Our Land Laws, looked at as a sample of legislation by males, present' to us a dense jungle of iniquity, full of thorns, briars, and bitter fruit. They furnish ample evidence that one section of humanity cannot adequately perform duties which naturally belong to humanity as a whole. To clear that jungle, to reclaim the xxviii Preface. land, and to settle the question of man's birthright, society must utilise the full strength, genius, and natural instincts of undivided humanity, without any offensive distinction of sex. In legislating for posterity, why should the dictates of maternal instinct be disregarded ? If men, in common with the males of other animals, are characterised by boldness and strength, do we not find that women, in common with the females of other animals, are, in some respects, superior to men in sagacity and instinct ? Mater- nal instinct is the sublimest faculty bestowed on humanity by the Creator. Even in regard to boldness and strength the female man should not be despised. The world has produced more than one Joan of Arc. The victim of the suttee ex- hibits almost supernatural bravery. The widow who struggles against life's battles on behalf of her children is not less brave. The Englishwoman who toils in the forges of Cradley Heath, and her more fortunate sister who outstrips her male com- panions in following the hounds, are equally brave specimens of their sex. In some parts of the Highlands of Scotland, where the landlords pro- hibit the keeping of horses, women work the spade, drag the harrow, and carry the dung-creel ; and Highland women, like their oppressed sisters in Ireland, have stood guard, as front rank, against batons and bayonets, protecting their homes from Pi^eface. xxix landlord invasion. But on the other hand, where we have the soul of woman filled with ignorance, her intellect bewildered with superstition, and her instinct and reason polluted and condemned, she becomes worse than useless as a guardian and pro- tector of the natural and sacred rights of mankind. The lords of this world use religion as a pirate- flare for diverting the attention of the bulk of mankind to "another world" — a much better world, they say, as if that were a good reason for despising this world while we are in it. Women, alas ! are too often caught in this way. Anything tacked on to an old religion becomes fashionable, becomes respectable, and women must be in the fashion, must be respectable, and men follow the women, no matter how absurd and how unreason- able the temple performances, or the doctrines taught by priests and fakirs, may be. The mother's instincts are not holy — they are only natural ! The father's instincts of self-defence are also only natural, and everything natural — " the flesh, the world, and the devil" — must be renounced. Man's natural right to a share of his native land, being thus sandwiched with the devil, must be given up. It is thus that the children's birthright is lost, that eviction is made easy, and that the landlords are allowed to reap where they did not sow. These thoughts are placed here before the reader because it is " devoutly to be wished " that XXX Preface. every girl as well as every boy, every woman as well as every man, and especially every mother, should read and carefully digest such works as Professor Ogilvie's " Essay on the Right of Pro- perty in Land". No social movement can be carried to a successful issue either by evolution or revolution unless woman joins heartily in it, and then instead of being a drag, she becomes a spur in the march of civilisation. The education, emancipation, and co-operation of woman is neces- sary before her children — mankind — can regain and inherit their birthright. Man is only emerg- ing from slavery when woman is being emancipated. If a man's mother, sister, wife, and daughter are slaves, is he not steeped in slavery ? Religion and Law, bossed by weak men, have been the causes of woman's degraded position as a member of society. The Creator is not in the least-to blame. " Auld Nature swears, the lovely dears, Her noblest work she classes, O : Her 'prentice han' she try'd on man, An' then she made the lasses, O." Professor Ogilvie's Essay is a pastoral prose poem, through which we can realise this beautiful world, with its ample provision for satisfying man's instinctive and rational faculties of enjoyment. The " Sovereign Power " from which all blessings flow is manifested as a wise, just, and impartial Creator, who invites us to make His laws our Preface. xxxi laws, and who in these latter days has delegated to us some wonderful powers, by which — with equality of rights and freedom of labour — the comforts of this life, and the products of the world, may be multiplied more than a thousand fold, purposely (shall we not say ?) to increase the happi- ness and virtue of mankind. The sun never sets, and when one group of workers are retiring to rest, on his " going down," another group are rising with him. Light and labour thus go their incessant rounds ; and so it is with the seasons of seed-time and harvest — the eternal law of revolutions seems to regulate all things ! Human speech, borne on the mysterious wings of thunder, revolves round the earth, and " man to man the world o'er " can hold instan- taneous converse. Man himself revolves round the world, carried by his fire-souled amphibious steed from places where he lacks food, raiment, or enjoyment, to more hospitable regions. Or he can, with magic-like power, cause the superfluous granaries, larders, and wardrobes, to move from one side of the globe, to feed and clothe the hungry and naked on the other. Nature seems to have decreed — "There shall be no more famines ! " But although the sun shines ceaselessly, and man's labour follows him steadily in his course, the flow of blessings which such evolutions naturally pro- duce is polluted and diverted by the influence xxxii Preface. of landlordism, which, like a upas tree, poisons the surrounding atmosphere, spreads desolation in the country, and crowds the town with vice, want, disease, misery, and crime, far beyond the power of churches, charities, hospitals, divorce courts, and police courts to cure. There is only one cure — " Cut it down : why cumbereth it the ground?" D. C. McD. Aberdeen, May, 1891. AN ESSAY ON THE RIGHT OF PROPERTY IN LAND With respeft to its Foundation IN THE LAW OF NATU RE Its present Establishment BY THE MUNICIPAL LAWS OF EUROPE AND The Regulations by which it might be rendered more beneficial to the lower Ranks of Mankind LONDON Printed for J. Walter, Charing-Cross 1782 CONTENTS. PAGE Introduction - . i PART I. Section I. Of the Right of Property in Land as derived from the Law of Nature. 1. Each individual derives from the right of general occupancy a right to an equal share of the soil 7 2. This right cannot be precluded by any possession of others 8 3. Nor is it tacitly renounced by those who have had no oppor- tunity of entering upon it 9 4. The opportunity of claiming this right ought to be reserved for every citizen - 9 5. Rude societies have respected this right ; in the progress of arts it is overlooked, and by conquests generally subverted - 10 6. Speculative reasoners have confounded this equal right with that which is founded in labour, and ascertained by municipal law 10 7. The right of a landholder to an extensive estate must be founded chiefly in labour 11 8. The progress of cultivation gives an ascendant to the right of • labour over that of general occupancy 11 9. But the public good requires that both should be respected and combined together 12 10. Such combination is difficult, and has rarely been established for any length of time - 12 11. It is the proper object of Agrarian laws, and effectual means of establishing it may be devised 13 iv Contents. PAGE 12. The value of an estate in land consists of three parts — the original, the improved, and the improvable value - - 13 13. The original and the improvable value of a great estate still belong to the community, the improved alone to the land- holder . - 14 14. The original value is the proper subject of land-taxes ; the im- provable value may be separated from the improved, and ought to be still open to the claims of the community - 15 Section II. Of the Right of Property in Land as founded on ptiblic Utility. 15. Public happiness is the object of good government ; it is not always increased by increased wealth and dominion 18 16. Nor by increase of numbers 18 17. The happiness of citizens bears proportion to their virtue; . some situations are favourable to virtue, that of the inde- pendent cultivator more especially is so - ig 18. Men in that situation increase more in number ig ig. And by their industry most effectually promote the real wealth of the public 19 20. Comeliness and strength are the least equivocal marks of pro- sperity in a race of people 20 21. In these respects the race of cultivators excel , 20 22. To increase the number of men in this situation, seems to in- crease public happiness - -21 23. The natural rights and best interests of men require the same ' . economy of property in land 21 24. Other plans for increasing happiness ought to be postponed to independent cultivation 21 25. Manufactures and commerce in particular ought to be postponed i to it - 22 26. If every field is cultivated by its proprietor, and every person who chooses it may become proprietor of a field, the highest public prosperity may be said to be obtained - 23 Contents. Section III. Of the Abuses and Pernicious Effects of that Exorbitant Right of Property in Land which the Municipal Laws of Europe have established. PAGE 27. The actual state of Europe, with respect to property in land, the cultivation of the soil, and the prosperity of the lower ranks, is very different from what might be desired - 26 28. The imperfection of this state arises from that right to the im- provable value of the soil which landholders possess - - 27 29. The oppression proceeding from this right debases the spirit and corrupts the probity of the lower ranks - 27 30. The rent which may be taken for land ought to be submitted to regulations not less than the interest of money 28 31. It is of more importance that regulations should be imposed on property in land 29 32. And though difficult, not impracticable - 29 33. Property in land, as at present established in Europe, is a monopoly of the most pernicious kind - 30 34. By this monopoly, population is rendered almost stationary in Europe 31 35. It checks the progress of agriculture in fertilising the earth 32 36. Under its influence the increase of population tends to diminish happiness, and the celibacy of particular orders cannot be called a polical evil - 32 37. The interest of landholders is substituted for that of the com- munity ; it ought to be the same, but is not - - 33 38. The landholders of a nation levy the most oppressive of all taxes ; they receive the most unmerited of all pensions, — if tithes are oppressive to industry, rents capable of being raised from time to time are much more so 33 39. All property ought to be the reward of industry ; all industry ought to be secure of its full reward ; the exorbitant right of the landholders subverts both these maxims of good policy 34 40. It is the indirect influence of this monopoly which makes a poors-rate necessary; requires unnatural severity in penal laws ; renders sumptuary laws unpolitical, and the improve- ment of machinery for facilitating labour unpopular, and perhaps pernicious - - - 3^ 40 VI Contents. PAGE 41. While such a monopoly subsists, emigration ought to be left free, if not facilitated 39 42. The oppressed state of the cultivators, being universal, has been regarded by themselves and others as necessary and irremediable 43. A sound policy respecting property in land is perhaps the greatest improvement that can be made in human affairs 41 44. It might restore a sinking state 41 PART II. Section I. Of Circumstances and Occasions favourable to a complete Reformation of the Laws respecting Property in Land, by the sovereign or legislative power. 45. Reformation in this important point is not to be despaired of; the establishment of property in land has changed, and may hereafter receive other innovations - 43 46. Conquering princes might establish the most equitable and beneficial system in countries subdued by their arms - 45 47. In nevif colonies it ought to be established by the parent state 47 48. In small dependent states the sovereign of a great nation may establish it without danger 48 49. Princes of heroic minds, born to absolute monarchy, might establish a complete reformation in their whole dominions at once - .49 Section II. Of Circumstances and Occasions favourable to a partial Reformation of the Laws respecting Property in Land, by the sovereign or legislative power. 50. Absolute monarchs might without difficulty establish many regulations of partial yet very extensive reformation 51 51. The whole community may be disposed to adopt the most bene- ficial plans for public good 52 52. Under cover of other regulations some changes favourable to cultivation may be introduced . 57 Contents. PAGE 53- Certain regulations particularly require, and may justify such changes - 60 54. The regulation of leases is not unusual, and might be made productive of the best effects 61 55. A right of redemption might be given to the cultivators of any estate exposed to sale 63 56. Forfeited and escheated lands might be made the subject of beneficial establishments 64 Section III. Of Circumstances 7vhich might induce the rulers of a State to turn their wishes and endeavours towards the ac- complishment of such a Change. 57. The collective body of the people, if at any time their power shall predominate, ought above all things to insist on a just regulation of property in land 66 58. The candidates for disputed thrones might offer this reformation to the body of the people 68 59. Whatever bodies of men are oppressed in other respects ought to claim this right also. It might become the ministers of religion to support it 68 60. Public calamities may induce the rulers of a state to think of renovating the vigour of the community by a just regulation of property in land 70 61. Imminent and continual dangers may have the same effect 72 62. And the accumulation of public debts ought to have it 74 Section IV. Of Public Institutions calculated for promoting a gradual and salutary Change in the state of Property in Land. 63. A board instituted for that purpose might promote the inde- pendence of cultivation by calm and silent operations 79 64, Premiums might produce some effect, as in affairs of inferior importance - . - . 82 viii Contents. Section V. Of such examples and beginnings of reformation as might be expected from the generous efforts of private persons acting singly. PAGE 65. In the management of a great estate, various measures favour- able to independent cultivation might be very prudently introduced . g^ 66. And in the settlement of an entail on liberal principles 85 67. Some examples and beginnings may be obtained by charitable bequests and foundations • 86 68. And by the liberality of opulent individuals - 87 Section VI. Of such examples and beginnings of reformation as might be produced by the combined endeavours of private persons. 6g. The joint contribution of many might effect what individuals cannot attempt go 70. The attention of societies for the encouragement of agriculture might be extended to this, the most effectual encouragement of all 91 Section VII. Of a progressive Agrarian law, which might be made the basis of all partial and occasional reformation re- specting property in land. 71. Scheme of a progressive Agrarian lavif, exhibited in detail gz' 72. Peculiar advantages of such a scheme - - 100 73. Variations by which it might be accommodated to the interests of various orders 102 74. Modifications more particularly adapted to different countries - 107 75. The inconveniences that cannot be separated from such in- novations would be more than compensated by probable ■ ■ advantages - 116 INTRODUCTION. THE municipal laws of every country are not only observed as a rule of conduct, but by the bulk of the people they are regarded as the standard of right and of wrong, in all matters to which their regulations are extended. In this prejudice, however natural to the crowd, and however salutary it may be deemed, men of enlarged and inquisitive minds are bound by no ties to acquiesce without inquiry. Property is one of the principal objects of municipal law, and that to which its regulations are applied with greatest efficacy and precision. With respect to property in movables, great uniformity takes place in the laws of almost all nations ; they differ only as being more or less extended to details, comprehending the diversity of commercial transactions; and this branch of jurispru- dence may be said to have almost attained to its ultimate maturity and perfection. But with respect to property in land, different principles have been adopted by different nations in different ages ; and there is no reason why that system, which now prevails in Europe, and which is derived from an age, not deserving to be extolled for legislative 2 Introduction. wisdom, or regard to the equal rights of men, should be supposed to excel any system that has taken place elsewhere, or to be in itself already advanced beyond the capacity of improvement, or the need of reformation. It is to a free and speculative disquisition, concerning the foundation of this right of property in land, and concerning those modifications, by which it may be rendered in the highest degree beneficial to all ranks of men, that the author of these pages wishes to call the attention of the learned, the ingenious, and the friends of mankind. It can give him no surprise, if the opinions he has advanced on a topic of discussion, so new, and so interesting to all, shall meet with the approbation of a few only. Were they now for the first time to be presented abruptly to his own mind, he believes that they would startle his first thoughts, and perhaps might be rejected on a transient view. But the leading principles of that system, which he now holds, respecting property in land, have been coeval in his mind with the free exercise of his thoughts in speculative inquiries; they have recurred often, they have been gradually unfolded, and for some years past he has been accus- tomed to review them frequently, almost in their present form, with still increasing approbation. All that he would request in their favour (and the candid will readily grant this) is, that they may not be rejected on a first disgust, and that those who cannot adopt the opinions here advanced may at least bestow some pains in ascertaining their own. These are the Introduction. 3 opinions of one individual, thinking freely, and for himself; they are erroneous perhaps and visionary; their singularity may well authorize a suspicion that they are so, and this suspicion ought to have kept them back from the public eye, but for the hope of exciting others to enter into the same train of inquiry, and no longer, in a matter of the first importance to the interests of society, implicitly to acquiesce in traditionary doctrines, never yet submitted to examination. Free inquiry, however it may give birth to vain theories and chimerical projects, has never in any department been productive of essential detriment to the true interests of mankind. What undesirable con- sequences have always arisen from the stagnation of inquiry, and from silent acquiescence, even in establish- ments that are beneficial, and in opinions that are true, the history of mankind bears witness in every age. It is natural to the mind, when new ideas arise on important subjects, to open itself with fondness to the pleasing impression which they make. Yielding to this seducing enthusiasm, the author has been led to speak with freedom of great changes, suddenly to be accom- plished, as practicable in some cases, and to be desired in many. Yet is he well aware that great changes, suddenly accomplished, are always pregnant with danger, and with evil, and ought on almost no occasion whatever to be desired, or brought forward by the friends of mankind. Partial reformation, gradual progressive in- novation, may produce every advantage which the most important and sudden changes can promise, yet without incurring those dreadful hazards, and those inevitable 4 Introduction. evils, with which great and sudden changes are still attended, With the greatest satisfaction of mind he avows his persuasion, that were, great and important innovations respecting property in land as practicable and safe, as they are difficult and full of danger, there is no country under the sun which stands less in need of such reforma- tion than England. Although indeed the principles of jurisprudence, respecting property in land, which the laws of England recognize, are derived from the same source, and partake of the same absurd and pernicious nature with those maxims which prevail almost every- where on the continent of Europe, yet such has been the generosity of English landholders, such their equitable conduct towards their tenants and dependants, and such the manly spirit of the lower classes, fostered by a sense of political rights, that in England the comfortable independence of the farmer and actual cultivator of the soil, is established on as secure a footing as the most refined system of property in land deduced from the genuine principles of public good and natural right can propose to render effectual and permanent. It is to be regretted only that this comfortable independence which the farmers enjoy cannot be extended to a still greater proportion of the community. English landholders and English farmers are superior in all respects to the same class of men in other countries: in their manly vigour, their plain good sense, their humane virtues, consists the true basis of our national pre-eminence. Their blood circulates in every rank of society, their domestic manners have given the tone to the English character as displayed in all the various departments of Introduction. 5 business and enterprize; nor can any wish be formed more favourable to the prosperity of the public, than that the numbers of this class of men may be increased. To increase the number of landholders by advancing farmers to that more independent situation, can never be made the object of legislative care in this country, as it might in the absolute monarchies of the continent; but to increase the number of farmers, by favouring the advancement of day labourers and manufacturers to the more animating and manly occupation of cultivating a small farm for their own account, is an object very similar to many branches of enlightened policy which the British legislature (more than any other) has pursued with attention and success. To the worthy and humane English landholders, and more particularly to those who of late years have voluntarily granted to their tenants an abatement of rent, this short Essay is inscribed by the Author, as to men whom he regards with high esteem, and from whom he may hope that his speculations, should they ever come to their knowledge, would meet with no unfavour- able reception. Why should he not flatter himself with this hope, however seemingly vain, since uninformed by theoretical reasonings, and prompted only by the innate candour and humanity of their own minds, these re- spectable landholders, truly worthy of their station and of their trust, have habitually acted in conformity to those principles of public good and natural right which he is desirous to elucidate and establish. ESSAY ON THE RIGHT OF PROPERTY IN LAND. PART I. Section I. Of the Right of Property in Land as derived from the Law of Nature. I. A LL Right of property is founded either in ±\. occupancy or labour. The earth having been given to mankind in common occupancy, each individual seems to have by nature a right to possess and cultivate an equal share. This right is little different from that which he has to the free use of the open air and running water; though not so indispensably requisite at short intervals for his actual existence, it is not less essential to the welfare and right state of his life through all its progressive stages.* * The bulk of mankind in every country are ignorant of the difference between their own laws and those of other nations ; too ignorant to understand, and to value aright what is truly excellent in their own code, or to perceive what improvements it may still admit, and what innovations ought to be desired. In no article are they more ignorant than in respect to property in land, the established rules of which are in 8 The Right of 2. No individual can derive from this general right of occupancy a title to any more than an equal share of the soil of his country. His actual possession of more every country accounted permanent and immutable, as being fixed by the destination of nature. In most countries the proprietors of land will ever retain a more than equitable authority over those who cultivate their fields, and not un- fortunately for both, did they but remember that the situation of a pro- prietor is more allied to that of a prince than that of a merchant, and requires some degree of those generous sentiments, and that benign de- meanour, which ought to adorn the highest station. It cannot be denied, that all over Europe, those who are employed in cultivating the soil lead a very wretched life ; and that it seems very practicable to render their condition much better than it is, without rendering that of their landlords and superiors any worse. It cannot be doubted that much more beneficial establishments of property in land than those which obtain in Europe, or almost any that are known to have obtained elsewhere, may be devised, and are capable of being instituted, and receiving form and consistence fi:om human laws. The present system of property in land is not adapted to times of commerce, order, and tranquillity, but to warlike and turbulent ages, when the entire dependence of great bodies of men on their leaders, and the confidence of leaders in their respective bands, were requisite for their common safety. In the present advanced state of industry, security, and commerce, the relations and ties which arose out of this mutual dependence, with all their concomitant pleasures and advantages, are unknown ; and the land- holder, who now abuses that power wherewith an obsolete establishment has invested him, to the exacting the last farthing his lands can produce, and effectuating in combination with others a monopoly of that \ aluable and necessary commodity, is, though perhaps he knows it not, of all citizens the most pernicious. He reaps the greatest emoluments firom the institu- tions of society, and contributes least to the increase of plenty, or preser- vation of order. It were unjust to censure the proprietors of land, however, for retaining and exercising, as they do, a right whose foundations have not been in- quired into, and whose extent no one has ever yet controverted. It is the situation in which they find themselves placed that prompts their conduct, nor can they readily conceive either the injustice or the detriment which the public suffers, by permitting such rights to be exercised. On the other hand, the farmers and cultivators have no clear perception of the injustice and oppression which they suffer. They feel indeed, and they Property in Land. 9 cannot of right preclude the claim of any other person who is not already possessed of such equal share.* 3. This title to an equal share of property in land seems original, inherent, and indefeasible by any act or determination of others, though capable of being alienated by our own. It is a birthright which every citizen still retains. Though by entering into society and partaking of its advantages, he must be supposed to have submitted this natural right to such regulations as may be esta- blished for the general good, yet he can never be under- stood to have tacitly renounced it altogether ; nor ought anything less to establish such alienation than an express compact in mature age, after having been in actual possession, or haying had a free opportunity of entering into the possession of his equal share. 4. Every state or community ought in justice to reserve for all its citizens the opportunities of entering complain, but do not understand, or dare not consider steadily, from what cause their grievances take their rise. The oppressive rights of the one order, and the patient submission of the other, have grown up together insensibly from remote ages, in which the present state of human affairs could not be foreseen. * " God gave the earth in common to all men, but since He gave it for their benefit, and the greatest conveniences of life they were capable to draw from it, it cannot be supposed that He meant it should always remain common and uncultivated. He gave it for the use of the indus- trious and rational ; and labour was to be his title to it." (Mr. Locke on government, page 167 of Mr. HoUis's edition.) Nor yet that it should be appropriated in such a manner as that, when not more than half culti- vated, the farther cultivation and improvement should be stopped short, and the industry of millions willing to employ themselves in rendering the earth more fertile should be excluded from its proper field, and denied any parcel of the soil, on which it could be exercised, with security of reaping its full produce and just reward. 10 The Right of upon, or returning to, and resuming this their birth- right and natural employment, whenever they are inclined to do so. Whatever inconveniences may be thought to accom- pany this reservation, they ought not to stand in the way of essential justice. Although at first sight such reservation may appear incompatible with the established order of societies and the permanent cultivation of the earth, yet ought it on the other hand to be presumed, that what is so plainly founded on the natural rights of men, may by wise regulations be rendered at least consistent with the best order and prosperity of societies, and with the progress of agriculture ; perhaps, very beneficial to the one, and the highest encouragement to the other. 5. In many rude communities, this original right has been respected, and their public institutions accom- modated to it, by annual, or at least frequent partitions of the soil, as among the ancient Germans, and among the native Irish even in Spenser's time. Wherever conquests have taken place, this right has been commonly subverted and effaced. In the progress of commercial arts and refinements, it is suffered to fall into obscurity and neglect. 6. Whatever has been advanced by Mr. Locke and his followers, concerning the right of property in land, as independent of the laws of a higher original than they, and of a nature almost similar to that divine right of kings, which their antagonists had maintained, can only be referred to this original right of equal property in land, founded on that general right of occupancy, which Property in Land. il the whole community has, to the territory of the State. This equal right is indeed antecedent to municipal laws, and not to be abolished by them. But it were a mistake to ascribe any such sacred and indefeasible nature to that sort of property in land which is established by the regulations of municipal law, which has its foundation in the right of labour, and may be acquired by individuals, in very unequal degrees of extent, and to the accumula- tion of which very few states have thought fit to set any limits. 7. That right which the landholder has to an estate, consisting of a thousand times his own original equal share of the soil, cannot be founded in the general right of occupancy, but in the labour which he and those to whom he has succeeded, or from whom he has purchased, have bestowed on the improvement and fertilization of the soil. To this extent, it is natural and just : but such a right founded in labour cannot supersede that natural right of occupancy, which nine hundred and ninety-nine other persons have to their equal shares of the soil, in its original state. Although it may bar the claim of individuals, it cannot preclude that of the legislature, as trustee and guardian of the whole. 8. In every country where agriculture has made considerable progress, these two rights are blended together, and that which has its origin in labour is suffered to eclipse the other, founded in occupancy. As the whole extent of soil is affected by both rights at once, and not different parts by each ; as these rights subsist together in the same subject, the limits by which their influence and extent may be discriminated from 12 The Right oj each other do not readily present themselves to the mind ; and could these limits be distinctly ascertained, it may seem still more difficult to suggest any practicable method by which the subjects of each could be actually separated and detached. 9. That every man has a right to an equal share of the soil, in its original state, may be admitted to be a maxim of natural lavi?. It is also a maxim of natural law, that every one, by whose labour any portion of the soil has been rendered more fertile, has a right to the additional produce of that fertility, or to the value of it, and may transmit this right to other men. On the first of these maxims depend the freedom and prosperity of the lower ranks. On the second, the perfection of the art of agriculture, and the improvement of the common stock and wealth of the community. Did the laws of any country pay equal regard to both these maxims, so as they might be made to produce their respective good effects, without intrenching on one another, the highest degree of public prosperity would result from this combination. 10. Plans for the establishment of this combination are not, it must be owned, very obvious, nor have they on the other hand been very industriously sought for. Scarcely has any nation actually carried or attempted to carry into execution any plan having this for its object ; and not many can be said to have attained in any period of their history those enlarged views of the public interest which might lead to the investigation or esta- blishment of such a plan. Rude nations have adhered to the first of these Property in Land. 13 maxims, neglecting the second. Nations advanced in industry and arts have adhered to the second, neglecting the iirst. Could any plan be proposed for uniting these two maxims in operation and effect, still, in rich and industrious nations, the supposed (not the real) in- terests of the less numerous but more powerful orders of men, would be found in opposition to its establishment. 11. To establish a just combination of these two maxims, at the original foundation of states, so as to render it a fundamental part of their frame and constitu- tion, or to introduce it afterwards with as little violence as may be, to the actual possessions and supposed rights and interests of various orders of men, ought to be the object of all Agrarian laws ; and this object being once distinctly conceived, if wise and benevolent men will turn their attention towards it, no doubt need be enter- tained that very practicable methods of carrying it into execution will in time be discovered, by comparison of projects, or from the result of trials. 12. When any piece of land is sold, the price paid by the purchaser may be considered as consisting of three parts, each being the value of a -distinct subject, the separate amount of which, men skilful in agriculture, and acquainted with the soil of the country, might accurately enough appreciate. These parts are : (ist.) The original value of the soil, or that which it might have borne in its natural state, prior to all cultiva- tion. 14 The Right of (2nd.) The accessory or improved value of the soil : that, to wit, which it has received from the improvements and cultivation bestowed on it by the last proprietor, and those who have preceded him. (3rd.) The contingent, or improvable value of the soil : that further value which it may still receive from future cultivation and improvements, over and above defraying the expense of making such improvements ; — or, as it may be otherwise expressed, the value of an exclusive right to make these improvements. If, in England, 100 acres of arable are sold for ;£^i5oo, money being at 5 per cent., the contingent value may be reckoned ;£"50o — for the superior value of that security which land gives may, in a general argument, be supposed to be counterbalanced by the trouble of management. Of the remaining ;^iooo, two or three hundred may be computed to be the original value of the soil, a judg- ment being formed from the nature of the adjoining common, and the ^£'700 or ;£'8oo remaining is to be accounted the amount of the accessory or improved value. In this example, these three parts of the general value are to one another as 2, 8, and 5. If the example is taken from a hundred acres in Bengal, or the lower Egypt, the proportion of the parts may be supposed to be 10, 4, and i. If from 100 acres of uncultivated moor- land, in Ireland, or the northern counties of England, the proportion of the parts may be as i, o, and 14. 13. The estate of every landholder may, while he possesses it, be considered as capable of being analysed into these three component parts ; and could the value of each be separately ascertained by any equitable method (as by the verdict of an assize), it would not be difficult Property in Land. 15 to distinguish the nature and the extent of his private right, and of that right also which, still belongs to the community, in those fields which he is permitted, under the protection of municipal law, to possess. He must be allowed to have a full and absolute right to the original, the improved, and contingent value of such portion of his estate, as would fall to his share, on an equal partition of the territory of the State among the citizens. Over all the surplus extent of his estate, he has a full right to the whole accessory value, whether he has been the original improver himself, or has succeeded to, or purchased from the heirs or assignees of such improver. But to the original and contingent value of this surplus extent he has no full right. That must still reside in the com- munity at large, and, though seemingly neglected or relinquished, may be claimed at pleasure by the legisla- ture, or by the magistrate, who is the public trustee.* 14. The difficulty of ascertaining these diiTerent sorts of value, and of separating them from one another, if ascertained, may be supposed in general to have prevented such claims from being made. It is particularly * Even in those countries wtiere tlie extensive rights of tlie pro- prietors of land are most firmly established and guarded, as in Britain, by laws which they themselves have &amed, the magistrate, when any public occasion requires it, as in constructing new roads, canals, and streets, building bridges and fortifications, obliges the proprietors, for a reasonable compensation, to part with as much of the soil as may be requisite for the intended works. — There is nothing wanting to complete the prosperity of Europe, but a rule, or familiar method, according to which the landholders may be made, for a like compensation, to part with such portions of the soil as are wanted firom time to time, for the accommodation of particular citizens, desirous to employ their industry and their stock in the cultivation of the earth, with full security of reaping the due reward. 1 6 The Right of difficult to distinguish the original from the accessory- value ; nor is the community much injured by suffering these to remain together in the hands of the greater landholders, especially in countries where land-taxes make a principal branch of the public revenue, and no tax is imposed on property of other kinds. The original value of the soil is, in such states, in fact, treated as a fund belonging to the public, and merely deposited in the hands of great proprietors, to be, by the imposition of land-taxes, gradually applied to the public use, and which may be justly drawn from them, as the public occasions require, until the whole be exhausted. Equity, however, requires that from such land-taxes those small tenements which do not exceed the proprietor's natural share of the soil should be exempted. To separate the contingent value from the other two is less difficult, and of more importance ; for the detriment which the public suffers by neglecting this separation, and permitting an exclusive right of improving the soil to accumulate in the hands of a small part of the community, is far greater, in respect both of the progress of agriculture, and the comfortable independence of the lower ranks.* * If the original value of the soil be the joint property of the community, no scheme of taxation can be so equitable as a land-tax, by which alone the expenses of the State ought to be supported, until the whole amount of that original value be exhausted ; for the persons who have retained no portion of that public stock, but have suffered their shares to be de- posited in the hands of the landholders, may be allowed to complain, if, before that fund is entirely applied to the public use, they are subjected to taxes, imposed on any other kind of property, or any articles of con- sumption. How preposterous, then, is the system of that country which maintains a civil and military establishment, by taxes of large amount, without the assistance of any land-tax at all !— In that example may be perceived the true spirit of legislation, as exercised by landholders alone. Without regard to the original value of the soil, the gross amount of Property in Land. 1 7 property in land is the fittest subject of taxation ; and could it be made to support the whole expense of the public, great advantages would arise to all orders of men. What then, it may be said, would not in that case the proprietors of stock in trade, in manufacture and arts, escape taxation, that is, the proprietors of one-half the national income ? They would indeed, be so exempted ; and very justly, and very profitably for the State ; for it accords with the best interests of the community, through successive generations, that active progressive industry should be exempted, if possible, boxa. every public burden, and that the whole weight should be laid on that quiescent stock, which has been formerly accumulated, as the reward of an industry which is now no longer exerted. A just and exact valuation of landed property is the necessary basis of an equal land-tax, and the tenant in mortgage ought to sustain a pro- oortional share of the burden, in the actual landholder's stead. To keep a land-tax equal, the valuation ought to be renewed from age to age. If that valuation returns periodically after long intervals, of half a century or more, instead of repressing the progress of improvement in agriculture, it will tend to excite the utmost diligence in that pursuit. If in any country there is reason to appehend that the encumbered state of the finances will constrain the rulers of the State, in a short time, to have recourse to this great fund, the expectation of a new valuation will damp the progress of agriculture ; and the intelligent friends of the public good ought to desire that a scheme which cannot be avoided should take place without delay. Section II. Of the Right of Property in Land, as founded on public Utility. 15. ' I "'HE increase of public happiness is the true X. primary object which ought to claim the atten- tion of every state. It is to be attained by increasing the common standard or measure of happiness, which every citizen may have a chance of enjoying under the protection of the State ; and by increasing the number of citizens, who are to enjoy this common measure of happiness. The increase of opulence, or of dominion, are subordinate objects, and only to be pursued, as they tend to the increase of happiness, or of numbers ; to both of which they are in some respects, and in certain cases, unfriendly.* 16. Whatever regulations tend directly to increase the common measure of happiness, enjoyed by each in- dividual citizen, tend assuredly to increase the number * It would be unjust to assert that the landholders have premedi- tated and intended to effect this oppression of the cultivators, so injurious to that order of men, and so little profitable to the landholders themselves; it would be a mistake to suppose that it has been accomplished by any concerted plan of iniquity and fraud. No, it is the course of things that has brought it gradually forward : the natural submission of dependents has been insensibly enforced to this degree ; the cultivators have not been sufficiently aware to protect their own right ; still less has the sovereign power been attentive to protect the most useful order of men in the State. The Right of Property in Land. 19 of citizens. But every regulation tending to increase the number of citizens does not certainly tend to increase the common measure of happiness, and in various situations of the community, may tend to diminish it. The first sort of regulations is therefore to be preferred, in case of interference, to the second. 17. The happiness of individuals, or of any great body of men, is nearly in proportion to their virtue and their worth. That manner of life, therefore, which is most favourable to the virtue of the citizens, ought, for the sake of their happiness, to be encouraged and pro- moted by the legislature. Men employed in cultivating the soil, if suffered to enjoy a reasonable independence, and a just share of the produce of their toil, are of simpler manners, and more virtuous, honest dispositions, than any other class of men. The testimony of all observers, in every age and country, concurs in this, and the reason of it may be found in the nature of their industry, and its reward. Their industry is not like that of the labouring manufacturer, insipidly uniform, but varied, — it excludes idleness without imposing excessive drudgery, and its reward consists in abundance of necessary accommo- dations, without luxury and refinement. 18. The families which are employed in this health- ful industry, and live in this comfortable independence, increase more than others in different situations of life. It is by their progeny chiefly that the waste of great cities, of armies, navies, commercial and manufacturing occupations is continually supplied. 19. The labour of men applied to the cultivation of 20 The Right of the earth tends more to increase the public wealth, for it is more productive of things necessary for the accommoda- tion of life, wherein all real wealth consists, than if it were applied to any other purpose ; and all labour applied to refined and commercial arts, while the State can furnish or procure opportunities of applying it to the cultivation of the soil, may be said to be squandered and misapplied, unless in so far as it is given to those liberal arts, whose productions operate on the mind, and rouse the fancy or the heart. 20. The most obvious, the surest, and least equivocal indication of prosperity and happiness is the strength and comeliness of a race of men.* 21. Those who are employed in agriculture, if not oppressed by the superior orders, if permitted to enjoy competent independence and rustic plenty, remote from the contagion of intemperance, are known to excel in strength, comeliness, and good health, every other class of men in civilized nations; and are only excelled in those respects by some simple tribes of men, who enjoy the advantages common to both in a still higher degree. * If it be asked what is the most natural state of human kind, it may be replied, that in which the whole tribe or race approach near to one common standard of comeliness and strength, without any mixture of deformed, dwarfish, or mutilated individuals. In other species of animals, this is always found to take place in their natural state. If we would ascertain whether the slaves of antiquity were more or less happy than the modern artisans, manufacturers, cottars, and men of various degraded ranks and vocations, abounding in great cities, we ought to inquire whether they degenerated as perceptibly, and became as dwarfish and deformed, as the races of these men become. Property in Land. 2i 22. From all these considerations it may perhaps appear that the best, plainest, and most effectual plan which any government can pursue for increasing the happiness and the numbers of its people is to increase the number of independent cultivators, to facilitate their establishments, and to bring into that favourable situation as great a number of citizens as the extent of its territory will admit Of two nations equal in extent of territory and in number of citizens, that may be accounted the happiest in which the number of independent cultivators is the greatest. 23. Any given country will then have the greatest possible number of independent cultivators, when each individual of mature age shall be possessed of an equal share of the soil ; and in such country the common measure or standard of happiness will probably have reached its highest degree. Whether therefore we inquire into the natural rights and privileges of men, or consult for the best interests of the greater number, the same practical regulations for the economy of property in land seem to result from either inquiry. 24. Whatsoever plans seem to promise the increase of wealth, happiness, and numbers in any other channel than the freedom and independence of cultivation, are of a more doubtful nature, and may well have their claim to public encouragement postponed until this paramount object of good policy be carried to its utmost perfection.* * That nation is greatly deceived and misled which bestows any encouragement on manufactures for exportation, or for any purpose but the necessary internal supply, until the great manufactures of grain and 22 The Right of 25, Manufactures and commerce promise such aug- mentation of wealth and people, Some degree of both is requisite for the progress of agriculture, and must attend it ; but neither of them can in any situation pf things have any title to encouragement at the risk gf obstructing independent agriculture. The balance of their respective claims may always be adjusted in the most unexceptionable manner, by leaving men wholly to their free choice, and removing all obstruction and mono- poly equally from the pursuit of both. Let all freedom be given to him who has stock, to employ it in any sort of trade, manufacture, or agriculture, that he may choose; and let it be made equally easy for the farmer to acquire the full property of the soil on which he is to exercise his industry, as for the manufacturer to acquire the full property of the rude materials he is to work up.* pasturage are carried to their utmost extent. It can never be the interest of the community to do so ; it may be that of the landholders, who desire indeed to be considered as the nation itself, or at least as being represen- tatives of the nation, and having the same interest wfith the whole body of the people. In fact, however, their interest is, in some most important respects, directly opposite to that of the great body of the community, over whom they exercise an ill-regulated jurisdiction, together with an oppressive monopoly in the commerce of land to be hired for cultivation. The encouragements granted to commerce and manufactures, and so universally extolled, seem merely schemes devised for employing the poor and finding subsistence for them, in that manner which may bring most immediate profit to the rich : and these methods, are, if not deliberately, at least without inquiry, preferred to others, which might bring greater advantage to the body of the people directly, and ultimately even to the rich themselves. * The progress of agriculture will more readily excite the activity of manufactures, and carry that branch of national industry to its proper pitch, than the progress of manufactures will carry agriculture to its most prosperous state, though each, it must be confessed, has a reciprocal influ- ence on the other. In certain countries, manufactures seem to have advanced beyond their Property in Land. 23 26. That every field should be cultivated by its proprietor, is most favourable to agriculture, and culti- vation. That every individual who would choose it should be the proprietor of a field, and employed in its cultiva- tion, is most favourable to happiness, and to virtue. In the combination of both circumstances will be found the most consummate prosperity of a. people and of their country, — and the best plan for accommodating the original right of universal occupancy with the acquired rights of labour.* proper pitch, and begin very sensibly to affect the race of people and their manners. Notwithstanding the great progress which agriculture has made in England, still greater remains to be made : though regarded by foreign nations as an example worthy of imitation, it remains for Britain still to surpass the best examples hitherto given. The chief obstacle to rapid improvement of agriculture is plainly that monopoly of land which resides in the proprietors, and which the com- mercial system of the present age has taught them to exercise with art- ful strictness, almost ever3rwhere. * The fields around every gentleman's seat are cultivated in a better manner, and raised to a higher degree of fertility, than those of the adjacent farms, because they have been for ages cultivated by the pro- prietors of the soil ; in them is seen to what degree of fertility the whole cultivable lands of any country may be brought, were every field in like manner cultivated by its proprietor. There is no natural obstacle to prevent the most barren ground firom being brought by culture to the same degree of fertility with the kitchen garden of a villa, or the suburbs of a great town. An attentive applica- tion of the natural manure of the fields may effect it in a long course of time : the plentiful and judicious use of extraneous manures, the great fund of which in the limestone quarries and marl pits of the earth cannot be exhausted, will accomplish it in a much shorter period ; but the pre- sent care and the secure interest of a proprietor is required for both. With a view to depreciate the public credit and resources of this nation, it has been observed that England^ has almost no unculti- vated land to be improved. But the author (Dr. Franklin, in a paper circulated in 1777) of that observation knows well, that four- fifth parts of the cultivated lands of England are cultivated in a very im- 24 The Right of perfect manner, and may be yet raised to a fertility twice if not three times as great as that which they presently have, — This is a fund to which the wisdom of the nation may sometime have recourse, and by which the industry and internal wealth of the community may be sup- ported, even in the worst extremities ; nor can it be torn from us bu£ with the independence of the State. An unlimited property in land ought not to be possessed by any citizen ; a restricted property in land cannot be communicated to too great a number. That high prosperity which some states have attained, by the en- couragement of manufactures, and the prosecution of commerce, on enlarged and liberal principles, has become of late the object of emulation, perhaps of envy, to others, so that all civilized nations are now impatient to become manufacturing and commercial in their turn. Yet before the example was set, no one had apprehended the possibility of exciting so much active industry, nor the important effects it was to produce in the great system of Europe. Hereafter, perhaps, some fortunate nation will give, the example of setting agriculture free from its fetters also, and of introducing a change in that department of industry, similar to that which has been accom- plished in manufactures and commerce, by the dissolving of monopolies, and removing obstructions and restraints. A new emulation will then arise among the nations hastening to acquire that still higher vigour and prosperity, which the emancipation of the first and most useful of all arts cannot fail to produce. Cultivation by slaves, by villeins, and by metayers, have succeeded one another all over the west of Europe. In England, even the last of these is totally worn out, and has given place to cultivation by farmers, whilst in France two-third parts of the land is still cultivated by metayers^ and in Germany, Hungary, Poland, and Russia a yet greater proportion is still cultivated by villeins and slaves. In all these successive changes the landholder has still found his advantage in communicating to the occupier of the ground a greater and greater degree of security in his possession, and the public prosperity has kept pace with this good administration of the landholder's private estate. England perhaps owes that power and lustre, by which she surpasses other nations, chiefly to her having preceded them in the prosecution of these changes. Ought it not therefore to be tried whether the landholder may not still further improve his own interest, as well as the public good, by pursuing the same line a little farther, and communicating still greater security and independence to the cultivators of his fields ? No impracticable Utopian scheme can be said to be suggested, in pro- posing that property in land should be diffused to as great a number of citizens as may desire it : that is only proposing to carry somewhat Property in Land. 25 farther, and render more extensive, a plan which the experience of many ages has shown to be very practicable, and highly beneficial in every pub- lic and private respect. It is the oppression of the landholders and their agents, which has ever been the bane of Europe, more than even the oppression of the most arbitrary governments ; and the absence of this more close and prying oppression renders the despotic governments of the East not intolerable to their subjects. However numerous and powerful that body of men, by whom this oppressive right is presently exercised, it may in the course of ages be reduced within proper limits, as other exorbitant invasions of the common rights of men have sometimes been. The institutions of the Mosaical law respecting property in land have been but little attended to by the learned. To that most respectable system an appeal may be made in support of these speculations ; for the aim of the Mosaical regulations plainly is, that every field should be cultivated by its proprietor, and that every de- scendant of Jacob should possess in full property a field which he might cultivate. Whoever shall consider the probable effect of such an institution in increasing the number of people, will cease to wonder at the uncommon populousness of Judea in ancient times. The same effect might be re- newed in that country, could these Agrarian regulations be restored to their force. The same effect might be exhibited in almost any district of Europe in which they could be established for any length of time. While sovereigns, judges, and clergymen, have made continual refer- ence to the Mosaical law, as to a standard by which their regulations and their claims were justified and enforced, it may seem strange, and worthy of regret, that the common people have never had recourse to the same standard, and claimed the advantages of an Agrarian institution, so favourable to the independence of agriculture, the increase of popula- tion, and the comfortable state of the lower classes of men. Occasion will be found of treating more at length of the Mosaical Agrarian, considered as an economical regulation, in a history of property in land, which may hereafter be offered to the public. In any just system of regulations relative to property in land, the chief difficulty must be to reconcile the interests of an improving agriculture with the natural rights of every individual to a certain share of the soil of his country ; but in the present state of municipal law in Europe, the interest of improving agriculture is sacrificed, and yet the right of the people to a common possession, or to equal shares on partition, is not provided for. Both are given up, in favour of the lordly rights of one pre-eminent order of men. Section III. Of the Abuse and Pernicious Effects of that Exorbitant Right of Property in hand, which the Municipal Laws of Europe have established. 27. ' I 'HE means by which a state may attain pr J- approach near to this consummate prosperity cannot be thought to exceed the compass of human wisdom duly applied ; yet if we consider the nature and the effects of that system of property in land, which has superseded all others in the enlightened nations of Europe, and against which hardly any complaint has arisen, we shall find them very different from what might be expected of any system, in which even the smallest attention was paid to the natural rights, or the attainable happiness of the great body of the people. Of a million of acres, scarcely twenty thousand are cultivated by proprietors. Of a thousand citizens, masters of families, scarcely five hundred are employed in cultivating the soil for their own account, while four hundred and fifty of the remainder would prefer (or at the time of choosing their employment for life would have preferred) that to their present occupation, could they procure on reasonable terms the opportunity of exercising it. Of five hundred cultivators, not more than twenty are proprietors, or have any permanent tenure of the soil which they cultivate. The Right of Property in Land. 27 Of ten thousand acres, scarcely ten are raised to that highest degree of fertility which experience has shown that the common soil of the country may be brought to, by the judicious culture of occupiers, to whom the remotest advantages of that improvement are secured. Of one thousand people, not five can be thought to be endowed with that degree of strength and comeliness, which nature seems to have intended for the human race. 28. All these untoward circumstances, which take place in most countries in Europe, in a higher degree than what is here specified, may be traced up, as to their cause, to that exclusive right to the improvable value of the soil which a few men, never in any country exceeding one hundreth part of the community, are permitted to engross — a most oppressive privilege, by the operation of which the happiness of mankind has been for ages more invaded and restrained, than by all the tyranny of kings, the imposture of priests, and the chicane of lawyers taken together, though these are supposed to be the greatest evils that afflict the societies of human kind. 29. The silent but pervading energy of this oppres- sion comes home to the bosoms and to the firesides of the lowest orders of men, who are thereby rendered mean-spirited and servile. It begets in them also, for their own defence, so much cunning, fraud, hypocrisy, and malignant envy towards those who enjoy affluence, that by its wide and continual operation the virtue of mankind is more corrupted, and their minds more de- based, than by all the luxury and ostentatious mean- ness of courts, together with the debauched indigence and riotous profusion of great cities. 28 The Right oj 30. Whatever good reasons may be given for restraining money-holders from taking too high interest, may with still greater force be applied to restraining proprietors of land from an abuse of their right. By exacting exorbitant rents, they exercise a most pernicious usury, and deprive industry that is actually exerted of its due reward. By granting only short leases, they stifle and prevent the exertion of that industry which is ready at all times to spring up, were the cultivation of the soil laid open upon equitable terms.* * For what reason is the money-holder prohibited from taking the highest interest, or premium, which he can bargain with the borrower to give ? Chiefly, that he may not thus have it in his power to damp the active spirit of commerce and of industry, by levying too high a tax on the means by which it is to be exerted. Why then should not the land- holder be restrained from taxing at too high a rate the means of exerting that sort of industry which is of all others the most essential to the com- munity ; and is even necessary for the salutary occupation and best con- dition of the greater number of its members ? In restraining the interest of money, the legislatures of most countries have not feared to impose a check on the free enjoyment of the reward of industry in its most recent form ; for that reward in its first accumulation, and nearest to the sources, consists always of money, to be lent out at interest, which is afterwards converted into property in land. All other kinds of property, as that of the money-holder in his cash, of the inventor in his inventions, even that of the writer in his books, are limited and regulated, by the consideration of what is supposed to tend to the greatest public utility : why ought not then the property of the landholder in his lands, which is the most extensive and most important of all, to be submitted to restrictions of the same tendency ? Much praise has been bestowed, and not unjustly, on the advantages of that free circulation and ready commerce which is now established in most countries of Europe. It is, indeed, extremely favourable to the industry of men, and to the provision of a supply for all their wants, that whoever possesses skill, art, or diligence of any kind, may find the materials whereon to exercise his talents at a moderate price ; and may bring the produce of his labour to a free market. This freedom is enjoyed completely by every sort of mechanic, manu- facturer, and artist, excepting only the cultivator of the ground, who is of all others the most essential artisan to the welfare of the community.— Property in Land. 29 31. It is of more importance to the community, that regulations should be imposed on the proprietors of land, than on the proprietors of money ; for land is the principal stock of every nation, the principal subject of industry, and that the use of which is most necessary for the happiness and due employment of every individual. 32. Nor is it less practicable to adapt regulations to the use of land than to the use of money, were the legislative body equally well inclined to impose salutary restrictions on both. The glaring abuses of the one He, indeed, in many countries may now bring his produce to a free and open market, but he cannot so easily find the rude materials of his industry at a reasonable price : for he is confined in his inquiry and choice to that narrow district of country with which he is acquainted, and even to the small number of farms that may happen to fall vacant about the same time with his own : in this narrow district a monopoly is established against him in the hands of a few landholders ; in this re- spect his situation is much inferior to that of the artisan, who can go to a cheap market wherever it is found, and can bring his rude materials from a great distance to his home ; but the cultivator must carry his home to his rude materials when he has found them. In another more important respect, the condition of the cultivator is still worse : every other artisan, when he has purchased his rude materials, becomes sole proprietor of them for ever, and whatever skill or diligence he bestows in improving or refining them, whatever additional value he gives them, no other person has any right to the whole or to any part of it. It is rarely, indeed, that the cultivator can purchase his materials on such terms ; the fields he has improved he must surrender at a fixed period, and cannot separate the improvements he has made to carry them away with him. Is he not nearly in the state of a borrower of money, who, after thirty-one years' certain possession of the sum borrowed, pay- ing regularly a large interest, should be obliged to refund the capital, and to pay along with it whatever he had gained by the use of the money, and had not thought proper to spend in his daily subsistence ? Would it not at least be fair, that if the cultivator cannot purchase his rude materials in perpetual property, he may be permitted to carry off the additional improvement he has made ; or (if that cannot be separated from the original subject) entitled to require some equivalent for its value ? 30 The Right of might be as effectually prevented as those of the other ; although the total exclusion of all manner of abuse from either, is not to be looked for. But that class of men in whom the strength of every government resides, and the right of making or the power of influencing and controll- ing those who possess the right of making laws, have generally been borrowers of money and proprietors of land. 33. Simple rustics are naturally averse to quit their native soil, and the narrow circuit of that neighbourhood in which their youth has been spent. Hence the unlimited right of property in land becomes a monopoly in the hands of the proprietors of every district : a monopoly which tends not less to the starving of their fellow-citizens, than a monopoly of bakers without any control or inspection of the magistrate would do. It will not produce its effects very suddenly indeed : it is only a lingering piecemeal famine, under which the individual languishes, and the race becomes dwarfish, debilitated, and deformed.* * The monopoly of rude materials, indispensably requisite for ■carrying on any branch of industry, is far more pernicious than the monopoly of manufactured commodities ready for consumption. The hionopoly possessed by landholders is of the first sort, and affects the prime material of the most essential industry. This monopoly, indeed, cannot be said to take place in any courttry, until the age of military suite and services be past, and the reign of law and of order well established. Till that time the landholder stands no less in need of brave and strong men to assist and defend him, and attached to his interest, than these men stand in need of cultivable soil on which their industry may be exercised in the intervals of tumult, and from which the subsistence of their families may be procured. Each party, therefore, having a commodity to traffic, of which the other stands in need, the bargain will be made on equitable terms. ■ The monopoly possessed by landholders enables them to deprive the ■peasants not only of the due reward of industry exercised on the soil, Property in Land. 31 34. What other cause than this pernicious monopoly can be assigned, why population has been so long at a stand in Europe, and does not advance with nearly the same rapidity as in America ; since so much land remains in every country that may be cultivated, or improved, at little more, perhaps equal, or less expense, than the forests of the new world can be cleared? Vicinity would compensate some difference in expense, but the persons who would be inclined to bestow their labour on these European wastes, cannot hope to obtain property in them on reasonable terms.* but also of that which they may have opportunity of exercising in any other way, and on any other subject ; and hence arises the most obvious interest of the landholder, in promoting manufactures. There are districts in which the landholder's rents have been doubled within fifty years, in consequence of a branch of manufacture being intro- duced and flourishing, without any improvement in the mode of agricul- ture, or any considerable increase of the produce of the soil. Here, there- fore, the landlords are great gainers, but by what industry or attention have they earned their profits ? How have they contributed to the pro- gress of this manufacture, unless by forbearing to obstruct it ? and yet fironi the necessity under which the manufacturing poor lived, of resorting to these landholders to purchase firom them the use of houses and land, for the residence of their families, they have been enabled to tax their humble industry at a very high rate, and to rob them of perhaps more than one-half of its reward. Had the manufacturers of such districts possessed what every citizen seems entitled to have, a secure home of their own, had they enjoyed full property in their lands, would not then the reward of their industrious labour have remained entire in their own hands ? • What is it that in England restrains the early marriages of the poor and industrious classes of men ? Alas! not the Marriage Act, but a system of institutions more difficult to be reformed ;. establishing in a few hands that monopoly of land by which the improvable as well as the improved value of the soil is engrossed. It is this which chiefly oc- casions the difficulty of their finding early and comfortable settlements in life, and so prevents the consent of parents firom being given before the legal age. It is this difficulty, which even after that age is passed 32 Th^ Right of 35. What other reason can be given, than the influence of this monopoly, why in countries, for many ages not thinly inhabited, nor unacquainted with the arts of agriculture, so great a proportion of the soil should still remain barren, or at least far below that state of fertility, to which the judicious cultivation of independent occupiers could bring it ? If in any country this monopoly were abated or removed, population and agriculture would advance together gradually, perhaps rapidly ; nor would they find any limit to their progress, until every two acres of dry land, the ridges of mountains excepted, were rendered capable of maintaining a man ; and until the population of that country, if it does not already exceed the mean population of Europe, were increased perhaps five-fold.* 36. While the cultivable lands remain locked up, as it were, under the present monopoly, any considerable increase of population in a particular state, though it seems to add to the public strength, must have a pernicious influence on the relative interests of society, still withholds the consent of parents, restrains the inclinations of the parties themselves, and keeps so great a number of the lower classes unmarried to their thirtieth or fortieth years, perhaps for their whole lives. * Let it be considered what regulations a colony of men settling in a small island, just sufficient to furnish them subsistence, by the aid of high cultivation, would probably establish in order to render the inde- pendent subsistence of each individual secure, and to prevent any one, or a few, from engrossing the territory, or acquiring a greater share than might be consistent with the public good ? Just such regulations respect- ing property in land, it would be the interest of every state to establish at any period of its history. The supposed state of this colony, whose land, aided by the highest cultivation, is but just sufficient to maintain its people, is that to which every nation ought to aspire, as to its most per- fect state ; and to that state the progress of physical causes will bring it forward, if no political obstructions are interposed. Property in Land. 33 and the happiness of the greater number. By diminishing the wages of labour, it favours the rich, fosters their luxury, their vanity, their arrogance ; while on the other hand, it deprives the poor of some share of their just reward and necessary subsistence. While this monopoly subsists, the celibacy of the Roman Catholic clergy is far less detrimental in a political light, than it has been supposed to be. Justly might that order retort on the landholders the accusation of retarding the population of the State. 37. When mention is made in political reasonings of the interest of any nation, and those circumstances, by which it is supposed to be injured or promoted, are canvassed, it is generally the interest of the landholders that is kept in view : nor would there be any mistake in this, if all men were admitted to claim, if they chose it, their natural share of the soil. The prevalence of this manner of speaking and reasoning may well be construed to indicate, amid all the artificial establish- ments of society, a secret though confused perception of this original right. 38. Regarding the whole wealth of the community, as belonging of right to themselves, landholders stand foremost in opposing the imposition of exorbitant taxes by the State, forgetting the exorbitancy of that taxation which they themselves impose on the cultivators of the soil, and which the sovereign may in justice, and in the way of retaliation ought to, regulate and restrain. They clamour aloud against pensions and sinecure places, bestowed by the sovereign, not adverting that their own large incomes are indeed pensions, and salaries of sinecure 3 34 The Right of offices, which they derive from the partiality of municipal law in favour of that order of men by whom its regula- tions are virtually enacted. The injury done to the community at large is the same, whether such unjust distribution be made by the chief magistrate, or by the system of laws itself. The injustice proceeding from the latter will always be more permanent, and more extensive. Against the tithes of the clergy, landholders have been accustomed to complain bitterly, as the bane of agriculture, as an usurpation on their own most evident rights, as wages exacted for which little or no duty is performed. But, while the bad effects of a tithe right must be acknowledged, in checking improvement, and robbing humble industry of its due reward ; the right of the landholder must be allowed to operate in the same manner, with more unlimited force. The foundation of both rights, notwithstanding prejudices on either side, is precisely the same, viz., the improvident regulations of municipal law. And if any pretensions to a higher original are advanced, those in favour of the tithe right are no doubt most plausible. If considered as the reward of duties, to be performed to the public, the incomes of the clergy, after admitting all that spleen has advanced against that order of men, must appear by far better earned. How slight indeed in themselves, and how negligently performed, are those duties which the State seems to expect at the hands of landholders, in return for their affluence ? 39. The public good requires that every individual should be excited to employ his industry in increasing the public stock, or to exert his talents in the public service, by the certainty of a due reward. Whoever Property in Land. 35 enjoys any revenue, not proportioned to such industry or exertion of his own, or of his ancestors, is a freebooter, who has found means to cheat or to rob the public, and more especially the indigent of that district in which he lives. But the hereditary revenue of a great landholder is wholly independent of his industry, and secure from every danger that does not threaten the whole State. It increases also without any effort of his, and in proportion to the industry of those who cultivate the soil. In respect of their industry, therefore, it is a taille or progressive tax of the most pernicious nature, and in respect of the landholder himself, it is a premium given to idleness, an inducement to refrain from any active useful employ- ment, and to withhold his talents, whatever they are^ from the service of his country. If the circumstances in which he finds himself placed stimulate to any exertion at all, it is that insidious vigilance by which he himself is debased, and his dependents at once corrupted and oppressed.* * It has been required of the magistrate that he should with the same assiduity apply rewards to virtue as punishment to vice. The part which he has to act in respect of these cases is very different. The natural sentiments of men are sufficient to repress smaller vices, and to encourage and reward great and striking virtues ; but they are not vigo- rous enough to apply adequate punishment to great crimes, nor steady and uniform enough to secure due reward and regular encouragement to the common and ordinary virtues of human life. It is to great crimes, there- fore, that the magistrate must apply fit punishment, and protection he must give to the ordinary virtues. Of these there is none which will stand more in need of his protection, or may be more effectually reached by his care, than industry. The cultivation of the soil is by far the most extensive and most important branch of national in- dustry, and in all respects most worthy of the magistrate's peculiar attention. Every man, and every order of men, have their peculiar commodity, which they bring to market for the service of the community, and for pro- curing the means of their own subsistence. It would be injustice and 36 The Right of 40. The indirect and remote influences of this monopoly are productive of many unnatural situations and many pernicious effects, which the skill of legislature is frequently employed in vain to redress. Were this monopoly anywhere removed, and the cultivation of the soil laid open upon reasonable terms, the lowest classes of men would not be destitute of wherewithal to maintain their decayed and infirm relations and neigh- bours* These charitable attentions, prompted by private oppression, therefore, in any one order to impose restrictions on any other, respecting the price they may demand for their peculiar commodity. This injustice, however, certain higher orders have attempted, though generally without success, to put in practice, on various occasions, against their inferiors — against hired servants, day labourers, journey- men, and artists of various kinds — by prescribing limits to the wages they are allowed to ask or to receive. These lower classes of citizens have only the labour of their hands for their commodity, and if any is more than another entitled to the privileges of a free and equal market, it is surely that which may be accounted more immediately the gift of nature to each. The community has a right, no doubt, to restrain individuals from doing aught that may be pernicious or offensive : what right it can have to compel them to exert their industry for the public service, at a regulated price, may admit of question, excepting only those cases in which the safety of the State is brought into immediate and evident danger. This will not be alleged when journeymen tailors, or even farm servants, refuse to work without an increase of wages. * England virtually acknowledges, by the system of her poor laws, that right of common occupation of the territory of the State which belongs to every individual citizen, and has only varied, perhaps mistaken, the natural means of rendering that right effectual. It has been common of late to complain of, and to traduce, this the most generous and the most respectable establishment of which the jurisprudence of nations can boast. It is the monopoly of landholders that renders such an establishment necessary ; it is their discontent that aggravates the complaints against it. All men who can regard the interests of the poor, and of the landholders, with an impartial eye, will perceive that it is not less just than generous, and will find reason to Property in Land. 37 affection, would be better discharged, than when they devolve on the public; and all that encouragement to idleness, that waste, and mismanagement, inseparable think that it has proved highly beneficial to England, in respect of the spirit of her people. The abuses which may have crept into this respectable system of laws, ought not to be alleged against its utility, for even in the most perverted state of the institution the abuses are fully compensated by equivalent advantages ; and that they are not in a great measure rectified and removed is the fault of those only whose interest and whose duty require them to attend to this care. Even while they subsist, the chief abuses of the poor laws tend more to the advantage of the poor than of the rich ; and of all permanent institutions, there is no other, perhaps, of which this can be affirmed. No regulation could tend more effectually to promote a reduction of poor rates than the establishment of certain branches of a progressive Agrarian law ; and it might deserve consideration, whether other methods of reducing these rates, which are attempted, and which may be supposed by the poor themselves to bear hard on the freedom of their condition, ought not to be accompanied with some establishment of that nature ; which, whilst it might contribute effectually to alleviate the burden of the rates, would tend, at the same time, to convert this class of men into a new source of national wealth and of increasing force. The great amount of the poor rates is justly imputed to this, that, whilst young and healthy, the lower classes of labourers and servants do not save their wages as they might, for the assistance of their old age. The reason why they do not save for that purpose, is supposed to be the assurance they have of being maintained by the parish when they come to stand in need of it. Another reason might be given : they do not save, because they see no probable view of obtaining by such saving a comfortable settlement, in which they may spend their old age with their families around them. " I never yet knew," says a writer who has ob- served them well (Farmer's Letters, p. 294), " one instance of any poor man's working diligently, while in health, to escape coming to the parish when ill or old. Some will aim at taking little farms ; but if by any means they are disappointed in their endeavours, they consider the money they have already saved as of no further value, and spend it long before they really need it." Almost all of them, it may be believed, would aim at taking small farms, were the opportunities frequent, and the terms easy. That much of the dissipation and profligacy of the poor arises from 38 The Right of from poor rates, and other public institutions of this sort, would be spared. In any country were this monopoly abolished, sumptuary laws, which might have the most salutary effects on the manners, and character, and even on the prosperity of a people, would not be politically absurd and pernicious, as in the present state of Europe they must be confessed to be.* their not having a proper object of saving offered to their hopes, was surely the opinion of those who framed an excellent bill which, in 1773, passed through the House of Commons, for inviting the poor to set apart money, for the purchase of annuities, in their respective parishes and townships. An annuity may be a very proper object for the unmarried, and those who purpose to have none but themselves to care for ; but the natural object of every young peasant is a small farm on which he may settle with the companion of his affections, and raise a family of his own ; for this object, if it appears attainable, far the greater number of them will work hard and save with economy. Perhaps no better reason can be given for the great increase of poor rates in England, since the reign of Charles II. (while in Wales, they remain almost the same) than the increase of manufactures and the diminished number of small farms. * Sumptuary laws have been frequently turned into ridicule, and not unjustly, as pretending to maintain an impracticable simplicity, and an unnecessary austerity of manners, among the great body of citizens ; but they deserve a very different estimation, if considered as means of direct- ing the public industry to those exertions which may be productive of the most extensive utility, and most valuable enjoyments to the community at large. If those persons who spend their days in the manufactures of velvet and of lace could be induced to employ the same industry in raising grain, potatoes, and flax, would they not, by increasing the plenty of these necessary commodities, augment the real accommodation of a very numerous class of citizens ? And would not the happiness thence arising more than compensate the scarcity of those frivolous refinements which may be required for the gratification of a few ? Why should it be necessary to restrain the industry which ministers to luxury ? Because the industry which is productive of essential plenty is restrained. If the cultivation of the fields was laid open on reason- able terms, would not the imposition of taxes on arts and manufactures, subservient to luxury, tend to encourage the increase of useful com- modities, fit for general consumption ? Property in Land. 39 In a country where the opportunities of exercising a natural employment, and finding an easy subsistence, were thus laid open to all, the temptations to theft and other violations of property would be very much diminished ; nor could it be thought necessary to restrain such crimes by the unnatural severity of capital punishments. In such a country no suspicion could arise, no surmise would be listened to, that the invention of machines for facilitating mechanical labour, could ever be pernicious to the common people, or adverse to the prosperity of the State. The plough itself is the first machine against which any imputation of this kind could be admitted, and the time might indeed come when such imputation would be just. 41. That legislature which is not willing, or must not venture to remove this monopoly from the lands of the State, owes it in justice and in tenderness to the persons born under its protection, that emigration at least should be free ; or rather, that it should be encouraged and facilitated, to all who desire to remove into countries, less fully settled, in search of their natural rights, and most salutary occupation. This may indeed seem to impair the national strength, by diminution of numbers, and it will undoubtedly affect the interest of the higher ranks ; but by raising the wages of labour, it must increase the prosperity of the lower and more numerous ranks.* To increase the prosperity and the * To a wise and benevolent legislature it can never appear that the ftee course of emigration could prove detrimental to the community over which that legislature presides. For what are the effects of a free and a brisk emigration ? It operates in two ways, on two different classes of men. It betters the circumstances of all those who derive their subsist- 40 The Right of happiness of the greater number is the primary object of government, and the increase of national happiness must be the increase of national strength. Besides that the equilibrium of happiness between the old country and the new would be found, long before any consider- able diminution of numbers had taken place in the former. Is it not the duty then, and perhaps also the interest, of every legislature in the west of Europe, to promote the emigration of its less opulent subjects, until the condition of the lower classes of men at home be rendered nearly as comfortable as the con- dition of the same classes in the new settlements of North America? 42. Perhaps no government can claim to itself the praise of having attended with the same impartial care, to the interests of the lower, as of the higher classes of men. Those who are employed in cultivating the soil are placed below the regard of men in higher stations of public dignity and trust ; nor are their sufferings and wrongs obtruded on every eye, like the misery of the begging poor. They themselves are not much accus- tomed to reflection ; they submit in most countries to their hard fate, as to the laws of nature, nor are they skilled, when severer oppression has at any time awaked ence from the produce of their labour. It impairs the circumstances of all those who are supported by a tax or impost, collected from the labour of other people. It betters, therefore, the circumstances of nine millions eight hundred thousand out of ten millions of people ; it impairs the cir- cumstances of one hundred thousand ; and to a hundred thousand per- sons, who live partly on the produce of their own labour, and partly on a tax collected from others, the effect is indifferent. Emigration is part of the plan pursued by nature in peopling the earth ; and laws directed to oppose or restrain it may be suspected of the same absurd and unnatural tendency as laws for restraining population itself. Property in Land. 41 them to a sense of the injustice they suffer, in making known their feelings and their complaints to others. But if the intelligent, and the friends of mankind, will take some pains to inquire into the nature and extent of that oppression, under which the industrious peasants groan in secret, and the force of that exorbitant mono- poly, from whence their grievances proceed ; and if such men will employ the talents which nature hath given them, in explaining these grievances, and the rigour of that monopoly, to the whole world, — Europe, enlightened Europe, will not be able to endure it much longer ; and the subversion — nay, even the abatement — of this mono- poly, with the abuses flowing from it, may well deserve to be accounted the best, and most valuable fruit of all her refinements and speculations. 43. If it be indeed possible to accomplish any great improvement in the state of human affairs, and to unite the essential equality of a rude state, with the order, re- finements, and accommodations of cultivated ages, such improvement is not so likely to be brought about by any means, as by a just and enlightened policy respecting property in land. It is a subject intimately connected with the proper occupation and the comfortable sub- sistence of men ; that is, with their virtue and their happiness. It is of a real substantial nature, on which the regulations of law may be made to operate with efficacy, and even with precision. 44. So powerful and salutary might the good effects of such an enlightened policy prove, so beneficial such a restoration of the claims of nature and the general birth- rights of mankind, that it might alone suffice to renovate 42 The Right of Property in Land. the strength of nations, exhausted by civil war, or by great and unsuccessful enterprises ; and even in the most flourishing states, it might give rise to a new era of prosperity, surpassing all example, and all expectation that may reasonably be founded on any other means of improvement. PART II. Section I. Of Circumstances and Occasions favourable to a complete Reformation of the Laws respecting Property in Land, by the sovereign or legislative power. 45. T F, indeed, we consider only how far the present -1- state of property in land, even in the most flourishing and best governed nations of Europe, is re- moved from that more equitable and advantageous system, which tends to establish in every country the greatest number of independent freehold cultivators that the territory of the State can admit, we may almost be led to despair, that any great progress can be made to- wards so remote an improvement, however justly, and however much it may be desired. — On the other hand, the actual system of landed property in the West of Europe is greatly changed, and in some respects greatly improved, from what it has formerly been. It has varied its form, with the prevailing character of successive ages* ; it has been accommodated to the rude simplicity * In the progress of the European system of landed property, three stages may be distinguished — the domestic, the feudal, and the com- mercial. In the first, the condition of the cultivator was secured from any great oppression, by the affectionate sympathy of the chief of his clan. In the second, it was still secured, and almost as effectually secured. 44 The Right of of the more ancient times, to the feudal chivalry of the middle centuries, and to the increasing industry and cultivation of later more tranquil periods : it may now therefore be expected to receive a new modification, from the genius and maxims of a commercial age, to which it is too manifest that the latest establishment of landed property is by no means adapted, and that from this incongruity the most pernicious and most flagrant oppressions arise. That free discussion which every subject now receives gives reason to hope that truth and utility will always triumph, however slowly ; and various examples may be offered to confirm these hopes. In politics, in agriculture, by that need which his lord had of attachment, assistance, and support, in the frequent military enterprises and dangers in which he was engaged. But in the commercial state there is no natural check which may establish the security of the cultivator ; and his lord has hardly any obvi- ous interest but to squeeze his industry as much as he can. It remains, therefore, for the legislatures of different countries to establish some con- trol for protecting the essential interests of their common people. It is an object which deserves, and will reward, their care. In the dark and disorderly ages the oppression exercised over the cultivators could not be reduced to a system. Their landlords depended on their assistance and military services, and would not, therefore, hazard the diminution of their attachment. If at any time the landlord endeavoured to exact more than they were inclined to give, means of concealment and evasion were not wanting, by which his rapacity might be effectually eluded. But in the present times there is no reciprocal dependence, and all means of concealment and evasion are rendered by the order of our laws un- certain, or, indeed, vain. In those disorderly times, whatever oppression, or chance of oppres- sion, the cultivators of the field were exposed to, they saw their landlords exposed to others, perhaps greater and more frequent ; there was common to both an uncertainty in the possession of their just rights ; and to com- pensate this, a chance of obtaining by address somewhat beyond these rights. In the present times, these common chances are removed by the protection of established government. The rights of the higher orders are rendered perfectly secure, while those of the cultivators are laid open to their oppressions. Property in Land. 45 in commerce, many errors have been rectified in theory, and even the practice in some, though not in an equal degree, reformed. And shall it be reckoned, then, that in this, the most important of all temporal concerns to the greatest number of mankind, the most pernicious errors will be suffered to remain still unrefuted, or if not unrefuted still unreformed ? It is not permitted to the friends of mankind to despair of aught which may tend to improve the general happiness of their species, any more than it is consistent with a magnanimous and genuine patriotism ever to despair of the safety of our country. There have not been wanting in former times, nor will there fail hereafter to arise in the course of human affairs, occasions, conjunctures, and situations, in which a new and perfect system of property in land might be completely established at once ; — other conjunctures, other situations of much more frequent occurrence, are favour- able, in a greater or a less degree, to partial reformation, and progressive improvement of the ancient system ; and in many cases where public care cannot be effectually applied, the beneficence and even the interest of particular persons, well directed, may be made to produce no in- considerable effects, and to furnish examples of that which the rulers of mankind ought to aim at producing in a large extent. 46. Conquering princes, and great revolutions effected by the prevailing force of arms, have not often made their appearance on the theatre of the world in modern times ; but the longer that interval which has elapsed is, the greater probability there seems to be, that some new phenomena of this interesting sort, are about to be pre- sented to the nations of the earth. 46 The Right of At the head of his victorious army, a conquering monarch has it in his power, no doubt, to re-establish in the subjected state, the inherent rights of mankind, and the system of natural justice, with regard to the property of the soil. He may even perceive it to be in all probability the best security of his new acquisitions, and certainly the best foundation of his claim to immortal renown. It were an object, and a pretext which might even in the eye of reason and philosophy almost justify the ambitious desire of conquest in the breast of an heroic prince ; or if it may not avail so far, no other pretext whatever can be admitted to do so.* In proportion as the true principles of property in land are inquired into, canvassed, and established in theory, it becomes less improbable that heroes and conquerors, hitherto esteemed the scourges of mankind, may be led to adopt such a salutary reformation of landed property for their object ; and in the same pro- portion it will become more easy for them to make such magnanimous and benevolent intentions generally under- stood, and to engage the concurrence and good wishes of all men in their accomplishment. * The illustrious situation of a monarch, placed at the head of victori- ous armies, might well inspire with generous sentiments any mind not ignobly formed, and waken a magnanimous desire of promoting the general welfare of mankind. In this manner it has operated, even on the breasts of men, numbered with barbarians, whose names and charac- ters can with difficulty be rescued from the obscurity of Gothic annalfl (see History of the Decline and Fall of the Roman Empire, vol. iii., p. 250). To save from oblivion such authentic examples of true heroism is one of the most pleasing tasks which a historian can have to perform : to record them for the instruction of the great and powerful, in the pages of a work which may be long and often revolved, is one of the most essential services that can be rendered to mankind. Property in Land. 47 47. The establishment of new colonies, sent forth from the civilized and populous nations of Europe, may be supposed frequently to take place hereafter. The practice seems only in its commencement, and the mis- takes incident to first trials are not yet corrected. Im- mense tracts of vacant or half-peopled countries, both maritime and inland, still invite emigrants and planters from every quarter. The southern regions of Africa and America, the Banks of the River of the Amazons, and the whole Continent of New Holland have scarcely yet received the first settlements of any race of men by whom they may be cultivated and filled. Siberia alone, it is thought, might contain the whole inhabi- tants of Europe more at ease than in their present habitations. Princes, instead of imprisoning their subjects, may come to perceive that a well regulated exportation of men, as of any other commodity, tends to secure and to increase the domestic produce. Even Britain will no doubt find inviting occasions (and just now perhaps has them) of sending forth new colonies, on better digested plans, with happier omens, Et qu(2 fuerint minus obvia Gratis. In every such settlement there is opportunity of establishing the just and natural system of property in land, in the most advantageous form. The funda- mental laws of such a colony ought to ascertain, in precise and explicit terms, the joint property of the whole community in the whole soil — a right which in that situation of their affairs will be easily compre- hended by all. They ought, further, to ascertain the permanent and indefeasible nature of this right, which no possession of individuals, nor any industry by 48 The. Right of them applied to any portion of tiie soil, can ever cancel or impair. However extensive the tract of country may then be in proportion to the number of the first settlers, general rules should even then be established, having respect to a future period when the whole territory may be found too scanty for its multiplied inhabitants. By such pre- cautions, occasionally enforced by practical examples, it seems not impossible to prevent the formation of those erroneous opinions of private right, and those habits of possession, which in countries long settled prevent the greater number of citizens from knowing or desiring to claim their natural rights in this most important point, and which would produce the most violent opposition to their just claims, if at any time they were advanced. 48. Whatever inclination a wise and benevolent sove- reign may have, to communicate to all his subjects that prosperity which the reformation of property in land seems capable of diffusing, it may appear in most cases too hazardous for the public peace, and the security of his throne, to attempt the establishment of a wise and equitable system at once, and in the whole extent of his dominions ; yet in some instances a fair opportunity is given, of making a complete change in the landed property of certain subordinate states, which, though held in absolute dependence by the sovereign, are not incorporated with, but considered as essentially distinct from, the great body of his dominions — so distinct, that no innovation in the smaller realm, is likely to give any alarm, or create any jealous discontent in the other. Such is the subjection of Courland to the throne of 49 Russia ; such Aerha^l 'ihe depenci^i^-/6f Milan on the House of Austr\^lS^svBk!a*SBd^^tce, and of Minorca on Britain ; not toSH^j^roi^-tliose dependent states which Britain and other European nations have brought under their yoke on the Continent of Asia, and in the islands of the East. 49. Great monai-chs sometimes arise, who, having confirmed the authority of an absolute sovereignty by the vigour of their natural talents, and by unremitting application to the cares and occupations of their royal office, have attained such an ascendant over all ranks of their people, that without hazard they might avow themselves the patrons of the multitude, and supporters of natural justice, in opposition to all the confederated force of the powerful and the rich. Europe sees at least one prince, to whose magnanimity and talents a complete and total reformation of the system of landed property in his dominions might be thought no unequal task, and to whose benevolent zeal for the general good of his people the idea of such a reformation might present itself as no chimerical project In looking back through the records of modern ages, it is difficult to fix on another prince equally capable of conceiving so sublime a scheme, and of prosecuting the measures requisite for carrying it into execution ; unless, perhaps, that father of his people, who wished only to live, that he might convince the French nation how much he loved them as his children, and who hoped to see the day when every householder throughout his dominions should put a fowl into his pot on Sunday. Had the reign of this humane prince, to whom the condition of the lower classes was familiarly known, been prolonged in peace, he might 4 so The Right of Property in Land. probably have bestowed more particular attention on the means by which his paternal wishes were to be realized ; the talents of his faithful minister would have been exerted in such schemes, with still greater alacrity, and perhaps with greater skill, than in those warlike preparations which busied the last years of his master's reign ; and the effects due to the joint endeavours of such a sovereign and such a minister must have followed. Many princes who might succeed perhaps in carrying such schemes into execution, may not be endowed with that magnanimous and comprehensive turn of mind, without which they cannot be formed ; or are deficient in that courage, without which no trial will be attempted. Yet, if any plan may be concerted, by which it seems not unlikely that the happiness of mankind might be in- creased two-fold at once, where is the monarch who would not eagerly engage in such attempts, at whatever risk ? Where, indeed, is that monarch who enjoys so much felicity himself in the possession of a throne, that in such a cause, with the hope of accomplishing so great an advantage to his people, and obtaining such distinguished glory for himself, he ought not to risk it all? Mortemque pro laude pacisci. Section II. Of Circumstances and Occasions favourable to a partial Reformation of the Laws respecting Property in Land, by the sovereign or legislative power. SO. TV /TAN Y schemes of innovation may be thought iVJ. of, which, without amounting to a complete change, or the establishment of the best system of property in land, might yet recommend themselves to the attention of absolute monarchs, as being more suddenly, and therefore more safely, to be carried into execution, than any total reformation can be, and pro- ductive of very beneficial effects, though not of the best. Such as, 1st. To fix the rent of every farm for ever, and limit the duration of all leases to a single life of the tenant ; that is, to convert leases into benefices. 2ndly. To make the duration of every lease perpetual, so long as the tenant may choose to make an addition of one-twelfth, or some other just pro- portion of the present rent, at the end of every thirty years. 3rdly. To make the duration of every lease perpetual, reserving to the landlord a stated proportion of the annual produce, suppose one-fifth to be paid in the staple commodity of the country ; the amount of this produce to be ascertained by a jury, once in thirty years, if the landlord require it, or in twenty, if the tenant chooses. 52 The Right of 4thly. To convert all farms into freeholds, with a reservation of the present rent to the landlord, transferring at the same time all land taxes and all public burdens whatever, with all their future augmentations from the landlord, to the new free- holders, formerly his tenants. Sthly. To establish a sort of jubilee, with regard to' property in land, biy enacting, that at the expira- tion of fifty years after the last purchase of an estate in land, every farm shall become freeholdi in the hands of the farmer, with reservation of the average rent of the last seven years to the^ landlord. -; These are examples only; many other schemes might; be easily devised. , By the ist, the landlord receives power in exchange for gain, and by the 4th, a lucrative exemption, in place of the uncertain increase of a racked rent. By the 3rd, the claims of both parties are compro- mised in a manner scarcely less favourable to the landlord, and far less oppressive to the cultivator, than the conditions of leases for a limited time commonly are. By the 2nd, the cultivator, and by the 5th, the landlord, would be excited to a diligent improvement of the fertility of the soil. In all cases, the farms thus converted into freehold should be made subject at the same time to the laws of gavel-kind, until they are subdivided into allotments of less than forty acres, or whatever other standard may be fixed upon as best suited to the state of the community and the nature of the soil. 51. It has sometimes happened, though too rarely, Pmperty in Land. 53 that all ranks and orders of men in a state, forgetting for a while their subordinate and particular interests, are disposed with concurring wishes to seek for, and to adopt Whatever schemes may contribute most effectually to the •public good, and may become the foundations of lasting order and prosperity. Such seems to have been the prevailing disposition of the Romans, when the laws of the twelve tables were enacted; such nearly that of Athens, when Solon was intrusted by his fellow citizens to compose a body of laws for their country ; and such that spirit which ought to pervade, and has in general pervaded every community of men, while con- tending for independence, against the efforts of a more powerful state. Should ever any happy concurrence of disposing causes produce such a temporary disposition in any of the Western nations of Europe ; could the legislature, prompted by enlightened zeal for the universal good, set at naught the discontents which might arise in any ■particular class, and remove with ease all opposition made to their generous purposes ; in this fortunate situation, it might occur to them, perhaps, that a just regulation of property in land is, of all those arrange- ments which the present moment could give opportunity of establishing, the most essential for diffusing prosperity and independence among the body of the people. Pursuing this idea, biassed by no influence, awed by no faction, they might be led to enact a law, by which every person inclined to employ himself in cultivating the earth for his own subsistence, and that of his family, should be entitled to claim in full property a reasonable share of the soil of his country ; without prejudice, how- ever, to the just rights of any other persons who may S4 The Right of have previously bestowed their industry in cultivating and improving the same spot. Such a law might, from the nature of its operation, be not unfitly denominated a progressive Agrarian, and might be comprised in the following articles, or others of similar effect : I. That every citizen, aged twenty-one years or upwards, may, if not already in possession of land, be entitled to claim from the public a certain por- tion, not exceeding forty acres, to be assigned him in perpetuity, for cultivation and residence, in the manner and under the conditions hereafter specified. II. That the claimant shall have right to choose the situation of his allotment, on any farm, free- hold, or uncultivated common, within his own parish, if the same be not excepted by the other provisions of this law. If there be no unexcepted land in his own parish, he shall have right to choose in any of the parishes contiguous to his own ; and if in these there be no unexcepted land, he shall have right to choose throughout the whole district or county. III. This allotment shall be set apart, and its land- marks fixed by the magistrate, with the aid of an assize, or of arbitrators chosen by the parties. It shall be marked out, in the manner most convenient to both the old and the new occupiers ; it shall approach to a square, or some other compact form ; one of its sides shall run along the boundary of the old farm ; and it shall have communication with some road already patent. — None of these circumstances to be Property in Land. 55 departed from without the consent of both parties. IV. The ground thus set apart shall be submitted to the cognizance of an assize, or of arbitrators chosen by the parties, who shall determine what reserved perpetual rent the claimant must pay to the landlord, and what temporary rent to the former tenant (if any), in compensation of their rights. V. The following farms are to be exempted from all such claims. — Every farm from which, if the allotment claimed is taken away, less than forty acres will remain to the first tenant. — The farm or park belonging to the lord of the manor, the same bearing a regulated proportion only to the extent of his estate. — Every farm of whatever extent that has not been fifteen years occupied by the present tenant. — Every farm whose arable ground has been diminished one-half by claims founded on this law, shall be exempted for twenty years to come, if the tenant so desire. — All farms of barren ground taken for the sake of improve- ment, under such forms and regulations as may prevent the collusive evasion of this law. VI. The person thus acquiring property in land shall continue to reside upon his farm. He shall have right to transmit it to his heirs or assignees in full property, or under a reserved rent, but shall not have, nor transmit the right of alienating it with reversion, that is of letting the whole, or any part of it in lease. — If he sells to another, who shall not reside upon it, but annex it to some ■ other farm, one-tenth part of the price, or of the reserved rent, shall belong to the public. 56 The Right of VII. The property acquired in these allotments shall not carry along with it any right of common of any sort in the commons, woodlands, private roads, or other appendages of the manor, except- ing only, in the nearest well and watering-pond, and in the bog or common for turf, if that is the fuel of the country ; in which case this right is to be regulated by the usages of the manor, as if the allotment had been given off in lease only. Neither shall any use, prescription, or connivance ever in course of time procure to the holder of such allotment any right of common, that is not founded on and ascertained by express compact. The Agrarian laws of antiquity seem to have failed in producing durable and beneficial effects, chiefly from two circumstances : (ist.) Their operation was sudden, violent, and occa- sional only, whereas the progressive Agrarian is so constituted as to exert a continual influence, more or less intense, in proportion as the general interests of the community may require. (2nd.) The ancient Agrarian laws were easily, and thus generally, evaded ; as they opposed the whole body of those who wanted lands, to the whole body of those who possessed more than the legal allotment, without assigning to individuals a specific right in any particular fields or district, a general convulsion of the State must have attended every attempt to call forth the energy of law. To avoid these tumults, all persons soon became disposed to connive at various evasions of these laws, and to acquiesce in their falling into desuetude, until some popular leader Property in Land. 57 arose and called anew for their restoration. But the progressive Agrarian assigns particular definite rights to a few men, within every district of moderate extent; it opposes the natural claims and the indigence of these few men to the exorbitant possessions and the opulence of a still smaller number within the same district. The facility of evasion must be much diminished by this regulation. The vigilance of the claimants, being confined to a narrow space, will be more awake and precise; their limited rights founded on a local claim, and derived from their birth, will be more distinctly conceived by themselves, and more readily supported by the concurring sentiments of all other men. 52. Without venturing to make openly any alteration in that system of landed property, which, like systems of corrupted religion, is regarded with superstitious reverence in countries where it has long obtained, many occasions will occur, whereof advantage may be taken to introduce under the cover of other objects, and as part of the usual proceedings of the State, such regulations as may tend very effectually, though by remote and mdirect influence, to promote the independence of the plough, and the distribution of property in land, in small allotments, among the lowest ranks of the people. If, for example, new taxes are to be levied, what subjects of taxation can be more justly liable to the imposition, or more productive, than large farms and short leases ? * The landlord, by adopting these plans in * Any tax imposed on extensive farms might from its novelty be regarded as a grievance ; but the servants' tix, which is so justly popular, S8 The Right of the management of his estate, means to derive advantage to himself, from measures which at once obstruct the increase of population, and diminish the spirit and independence of the common people ; and if his right to make these invasions on the public good cannot be directly attacked, let him at least be obliged to indemnify the public in some degree, by some other mode, more familiar to the minds of men. A tax imposed on barren lands, and so regulated as to engage the proprietor in their immediate cultivation, or oblige him to resign them to the community for general distribution, could not be esteemed in the smallest degree unjust. His right to these barren lands is founded solely on occupation ; there is no improved value superadded, no right accruing from labour bestowed, and as he occupies, besides, more than his equal share of the soil, the whole unimproved tracts of his estate belong strictly and entirely to the public; and no small indulgence is shown in giving him an option to improve or to resign them. A tax on all augmentation of rents, even to the extent of one-half the increase, would be at once the might be applied to the same purpose, if extended to hired servants em- ployed in agriculture, when more than one are kept in the same family, and to rise to still higher rates in proportion to the numbers kept. The popular voice has demanded a heavy tax on the foreign domes- tics, that are so frequently to be seen in the families of the rich ; but the suggestion ought not to meet with attention. These foreigners are generally employed in frivolous offices in the train of opulence and luxury, and were they proscribed by the imposition of any heavy t&x, an equal number of robust Englishmen would be called away from the'ir rustic labours, and other necessary employments, allured by higher wages, to perform more awkwardly the same servile tasks, and to lead the same dissipated lives. The profitable industry of the nation would he diminished in proportion. Property in Land. 59 most equitable, the most productive, the most easily- collected, and the least liable to evasion of all possible taxes, and might with inconceivable advantage disen- cumber a great nation from all those injudicious imposts by which its commercial exchanges are retarded and restrained, and its domestic manufactures embarrassed.* If the increase of population is to be promoted by encouraging the marriages of the lower ranks; let every farmer be entitled to an addition of five years to the duration of his lease (whatever that may be) for the first legitimate child, and of three years for every other. Let every person whatever, not possessed of lands, and having five children, be entitled to the privileges of the Agrarian law, within a certain district. If the improvement of agriculture is to be promoted and rewarded, let not the prize held forth to those who excel be, as it has sometimes been in France, the rank of nobility, but rather the full property, under reserva- tion of the present rent, of those farms to which their skill and industry have been applied ; and let an annual prize or prizes of this sort be proposed not for the whole extent of a great kingdom, but for every small district and neighbourhood. If any changes are to be made in the municipal laws, relative to succession, inheritance, or the trans- mission of property in any other form, let them not pass unaccompanied by the introduction of some mode of * An absolute monarch might combine together the increase of his revenue and the encouragement of small farms in the same regulation, by imposing a heavy tax on all future increase of rent, excepting in those farms which did not exceed the extent of one plough, and were granted in lease for a term of not less than fifty years. Such an edict must operate beneficially, either by bringing money into the treasury of the State, or by increasing the number of citizens in the most useful class. 6o The Right of the Agrarian law, extended over the estates of those persons whose interests or caprice are consulted in the intended change. Let no land estate, for example, pass to heirs of entail, nor even to collaterals in the ordinary course of succession, without becoming subject to such a law, even in its utmost extent. S3. Certain regulations which have formerly taken place, and are like enough to be renewed in flourishing states, are of such a nature, that they ought to be accompanied by the introduction of some branches of the progressive Agrarian law, as an equivalent and com- pensation in some degree to those orders of men whose interests are encroached on by the change ; and as a very moderate deduction from the advantages of those other orders, for whose advantage chiefly such regula- tions are intended, two remarkable examples may be pointed out in the reduction of interest, and the corn laws. Every reduction of interest throws a great immediate advantage into the hands of the landholders, who are in general encumbered with debts : the interest of these debts being reduced, their actual income is thereby increased ; besides, this reduction increases the value of their property in land, if they are obliged to sell off a part, or the whole ; and it tends to enhance the rent of farms, by determining persons who had formerly lived on the mere annual rents of their stock, to betake them- selves now to some sort of industry, and to agriculture more than any other, as being that alone which men are supposed qualified to undertake, without any par- ticular education to fit them for it. All those laws which prohibit the importation of Property in Land. 6r grain into any country, and still more those which give a premium on the exportation, are calculated to bestow great advantages on the farmer and landholder, though chiefly on the latter, at the expense of that far more numerous class of citizens, who till no land for their own behoof, and must purchase all the grain or bread con- sumed in their families from the landlord and the farmer, or their agents and retailers. Commonly one-half of the slender incomes which men of this class enjoy must be expended on this in- dispensable article, the price of which is, by these laws, kept up one-fourth or more above its natural level. Is it not highly reasonable, then, that the in- dustrious poor, who are taxed in this manner, and to this amount, without their consent, for the behoof not of the public, but of other orders of men richer than themselves, should have it at least in their power to pass with ease from that class of people, who must go to market to purchase this commodity, to the class of those who raise and have it to sell ? The introduction of a progressive Agrarian law, extending over the demesnes of the crown, waste lands, and 'farms of too great extent, would produce this effect in no inconsiderable degree, and would at the same time essentially promote the object of all corn laws, if that object be indeed the prosperity and increase of agriculture, and not rather the profitable monopoly of the landholders. 54. It is by no means without example that the legislative power of a state, however tender of seeming to meddle with the general system of property in land, should interfere to impose some regulations on the man- ner of granting leases. Ireland furnishes a recent ex- 62 The Right of ample of some importance, and the laws of many countries have, on various occasions, interposed their authority to protect the peasants from outrageous oppressions, from violent and sudden removals, and from the pretensions of a new purchaser, coming in place of their former lord.* In this field, there is great room, without seeming to pass beyond the usual jurisdiction of municipal law, for introducing into most countries new and beneficial regulations, relative to the three essential articles of a lease, the extent, the duration, and the rent to be paid. In respect of duration all leases ought to be of con- siderable length (sufficient at least for the farmer to bring up his family, and settle them around him, with- out being removed himself), and of uncertain termina- tion, ending with a life. New forms, adapted to the advantage of both parties, might easily be devised ; as, for example, a lease which might be called a lease on alternate lives, beginning with that of the lessee, and ending with the life of that person who shall have come into the place or right of the lessor, when the first life falls, or when any number of years — 20, 30, 40, or more — from that uncertain date have elapsed. That the extent of the farms set in lease should be moderate, is certainly most advantageous to the com- munity in general, and may be so adjusted as to prove * What is the shortest term of a lease which ought to be given by the landlord or accepted by the cultivator ? In Ireland, that may be exactly determined by the statutes to be not less than thirty-one years. For if any great landholder resolves not to give leases of more than twenty-one years, he determines to treat his Protestant tenantry more unkindly, and more unreasonably than the legislature, actuated by the most violent spirit of persecution, thought it proper or decent that the Roman Catholics should be treated. Property in Land. 63 not less favourable to the interest of the landlord. The rent to be paid ought always to be fixed at a determined proportion of the real or estimated annual produce of the soil ; and this proportion being determined by the letter of the law, the application of that law to each particular case ought to be committed to a jury from the neighbourhood, if either party so desire. Leases on improvement, as they are called, if con- sidered according to the principles of natural equity, must be accounted altogether absurd and unjust ; for they avowedly take from the farmer, as his cultivation advances, a share of that increased produce to which his industry has given rise, in order to bestow it on a landlord who has contributed nothing at all to the improvement of the soil ; yet, in respect of expedience, they are to be regarded as among the best and most practicable compromises, which, under that establishment of land property which now obtains, can be brought about between the exorbitant rights of the landlord and the reasonable expectations of the farmer. Various beneficial schemes of such leases have been proposed, and some carried into execution ; yet great scope still remains for varying their form, and combining new stipulations in such a manner, as that both parties may be interested in the progressive improvement of the soil. But the interposition of the legislature seems necessary in most countries, to render the landholders willing to give the preference to leases of this kind. 55. By the laws of many nations, a right of redemp- tion (^jus retractus) belongs to the superior lord, or to the nearest of kin ofthe landholder, who sells his estate. By this right, they are entitled to redeem the land sold 64 The Right of at the agreed price, within a limited time, comrnonly twelve months after the bargain has been struck ; and so generally is this privilege established on the Con- tinent, that it has been considered as a branch of the law of nations. Much more justice and much more good policy would there be, in conferring such a right on the tenants and cultivators of the lands alienated, if, within a limited time, any number of them, not less than one-third part, could form a scheme, to be approved by the tribunals of justice, for purchasing the estate among them, by advancing one-half the price, or any other proportion required by law, and converting the re- mainder into reserved rents. The public ought even in justice and in policy to come to their assistance in forming such a scheme, and to advance the money wanted, on proper security to have it repaid by gradual instalments, or converted into perpetual refserved rents, which might again be sold, at no great discount of that value which had been given for them. 56. Various occurrences in the political revolutions of government have frequently stripped the ancient proprietors of large tracts of land, and thrown the absolute, disposal of these lands into the hands of the rulers of the State : such are the forfeitures usually following on unsuccessful insurrections and conspiracies, the subversion of obnoxious associations, as the Tem- plars and Jesuits ; the dissolution of the monasteries, and the reformation of ecclesiastical establishments in the north of Europe. The courtiers and grandees who have been enriched on these occasions by the profusion of their sovereigns, might have been equally well gratified and attached by the donation of seignorial rights and Property in Land. 65 reserved rents alone, and the property of the soil might have been all at once conferred on the cultivators, or rendered subject to the operation of a progressive Agrarian law ; or indeed both regulations might have been made to take place at the same time ; that is, the property might have been given to the present cul- tivators, but subject to future claims arising from the Agrarian law. Such a disposal of escheated or forfeited lands may, without regard to the encouragement of agriculture and the independence of the plough, be recommended by policy of State alone, as tending to interest the lowest as well as the highest ranks in those innovations, whether justly or unjustly concerted, which the sovereign is desirous of having accomplished. Would not, it may be asked, that great transfer of property made in Ireland by Cromwell have been almost equally acceptable to his captains and officers at the time, had it been accompanied with a progressive Agrarian law ? And would not the effect of such a law, so applied, have shown itself in the most beneficial manner to Ireland long before the present age? Had the lands left vacant by the expulsion of the Moors been distributed in full property to cultivators only, might not even Spain have recovered in a few generations the effects of that severe wound ? Section III. Of Circumstances which might induce the Rulers of a State to turn their wishes and endeavours towards the accomplishment of such a Change. 57. C* UCH occasions and incidents, as those before O enumerated, might be improved by the sovereign, the legislature, or the real patriots of any country, for introducing by degrees this important innovation, it being supposed that they are beforehand fully apprized of its great utility, and animated by a warm desire of seeing it effectually established for the advantage of the community.* * It seems to have been unfortunate for the Romans, that in the age of the Gracchi the practice of granting leases for any considerable term of years was not familiar, and the alienation of land under a reserved rent wholly unknown. Had Tiberius Gracchus proposed to the Patricians either of these plans for accommodating the poor citizens with lands, a compromise might probably have taken place, to the great advantage of both. He would not have encountered such determined opposition at first, nor would he have been forced into the violent measures he after- wards adopted. In the history of this illustrious citizen of Rome, those men who may hereafter undertake the patronage of general rights, and of the lower classes of mankind, may find an instructive example, how necessary it is to adhere to moderation, even in the noblest pursuits, and not to suffer the insolent and unreasonable obstinacy of opponents to provoke any passionate retaliation. Had Gracchus persevered in maintaining his first temperate and liberal proposal, — had he not impetuously, it cannot be said unjustly, hurried into the extreme opposite to that which his anta- gonists held, it cannot be doubted that his great endeavours might have proved fortunate for himself and his country. The Right of Property in Land. 67 Other occurrences and aspects of affairs tend to inspire with such generous desires either the sovereign or some considerable bodies of men in the State, capable of exerting powerful efforts in so laudable a cause, and with the desire may communicate the hope also of being able to accomplish some salutary changes of greater or of less importance, especially if the object to be aimed at, and the means by which it may be obtained, have been again and again stated to the public in a variety of speculative views, and so rendered familiar to the understandings of men. Internal convulsions have arisen in many countries by which the decisive power of the State has been thrown, for a short while at least, into the hands of the collective body of the people. In these junctures they might have obtained a just re-establishment of their natu- ral rights to independence of cultivation and to property in land, had they been themselves aware of their title to such rights, and had there been any leaders prepared to direct them in the mode of stating their just claim, and supporting it with necessary firmness and becoming moderation. — Such was the revolution in 1688, at which time, surely, an article declarative of the natural right of property in land might have been inserted into the Bill of Rights, had the people at large been beforehand taught to understand that they were possessed of any such claim. Such also was the late convulsion in America, the favourable opportunities of which are not yet ex- hausted ; and whatever party shall hereafter in the agitations of any state assume the patronage of the lower classes, in respect of this their most essential privilege, may entertain confident hopes of being able by their support to obtain their own particular object of 68 The Right of pursuit, while at the same time they establish an arrangement of the highest importance to the general welfare of their fellow-citizens. 58. Princes sitting on disputed thrones might, among other expedients for giving additional security to their possession, consider whether it would not prove of advantage that the numerous class of cultivators were interested in their cause by some well-regulated com- munication of equal right ; and on the other hand, the expelled candidate might not unwisely seize the same occasion of strengthening his interest and increasing the number of his adherents, if it were left not preoccupied by his more fortunate antagonist. In such cases as these, when the minds of the vulgar are to be suddenly engaged, it is perhaps more expe- dient not to propose a refined system, having for its object the greatest good that can be reconciled to the greatest supposed equity, or to the general convenience of all, but to hold forth some striking advantages to great bodies of men, who may feel that they have a common interest, and are not incapable of being taught to act together in concert, for promoting it ; to promise, for example, that every farm, as presently possessed, shall be converted into a freehold, vested in the farmer and his heirs for ever. 59. Difference of religious opinions, it may be hoped, will never again be made, as it has too often been, an occasion of disturbing the civil societies of mankind ; but if any respectable body of dissidents find themselves obliged to contend with the rulers of their country for the rights and immunities of a just toleration ; if the Property in Land. 6g leaders of the sect shall think proper to avow and inculcate principles of civil policy and justice favourable to the rights of the lower classes, and to the indepen- dence of cultivation, they may be well assured of strengthening their party thereby, of inspiring their adherents with more vigour and consistency, and of obtaining in process of time both the one and the other of these just and important objects of pursuit. These objects they will attain the sooner, and with more ease, the more cautiously they guard against the insinuation of that levelling and fanatic principle which has some- times brought disgrace in the first place, and final dis- appointment in the end, on schemes wisely conceived, or bravely undertaken for restoring the rights of man- kind. It is supposed by many intelligent persons that, partly through the increase of infidelity, and partly from the prevailing moderation of wise men's opinions re- specting disputable tenets of religion, the ecclesiastical order have of late lost much of that ascendant which they seem formerly to have possessed over the higher classes of men, so that in almost every country of Europe, under every form of the Christian religion, their establishments are either secretly envied and undermined, or very avowedly attacked ; and it may be apprehended that a crisis of great danger to their temporal rights and privileges cannot be far distant. It might, there- fore, be accounted no unnecessary provision for their own safety, and very liberal policy with regard to the general interests of mankind, should this respected order attach themselves more particularly to the in- ferior and laborious classes of men. These humble ranks are always found docile and obsequious to reli- 70 The Right of t gious instructors ; and in justice to the simplicity of their native sense and piety, let it be remarked also, that they are more ready to listen with attention to rationalfand sound doctrines than to the extravagancies of enthusiasm or superstition, if only the same zeal and assiduity is displayed by the teachers of both. It would not ill become the ministers of any Church to assume the patronage of these men (whose reliance and attachment will not fail to increase in proportion to the attention bestowed on them), and to stand forth as the advocates of their natural rights and the guardians of their independence in opposition to the opulent, the luxurious, and the idle, who in too many respects domineer over them. It would not be unwise nor improper to connect thoroughly the interests of the ecclesiastical order with those of the laborious poor, who stand perhaps more in need of the direction and guardianship of enlightened superiors than the mendi- cant poor themselves, whom the Church has in every country taken under her immediate protection. In most cases, the mendicant poor would be sufficiently provided for by the charity of those very orders of men by whom the far more numerous class of laborious poor are oppressed. That sort of correspondence and co-operation which might be denominated an alliance between the Church and the Plough, in subordination to the State, would not only prove equally beneficial to both parties, but seems in the present state of Europe to have become necessary for the support of their mutual interests. 60. Great public calamities and disasters may dis- pose the rulers of a state, however reluctant and averse. Property in Land. yi to seek for the renovation of national vigour and pros- perity by those measures which are to be accounted the only true sources of strength, opulence, and manly virtues ; by cherishing the common people, bettering their condition, and exciting their industry by such cheerful hopes and reasonable expectations as belong to their humble situation, and not by the hard pressure of necessity, so often preposterously and inhumanly recommended as the most effectual spur of industry, so often unhappily applied as such. Under circumstances of recent public distress and humiliation, such as the unfortunate issue of expensive war, the loss of commerce and of foreign dominion, even the higher and privileged ranks, awed into wisdom and humanity by the impending gloom, may be inclined to acquiesce in those regulations which tend to renovate the whole body of the State, though at the expense of diminishing in some degree the privileges and emolu- ments of their own order. They will consider that, unless the numbers, the industry, and the manly temper of the body of the people can be kept up, the fortune of the community must fall into continual and accelerated decline, and the privileges of every rank become in- secure. But if these essential foundations of public prosperity can be supported, and any increase of them, especially of the last, can be procured, the loss of military glory, of political rank and ascendant, even of territory and establishments, may be regarded with less regret, as the loss of external appendages only, the plumes and trappings of national honour, which may be in due time recovered again by the returning vigour of the community, if such ought to be their endeavour or desire. 72 The Right of If, in the meantime, commerce is restrained and manufactures decline, let the cultivation of the soil be laid open, on reasonable terms and without delay, to the people thus deprived of their usual employment ; such a resource would indeed convert what they must account a misfortune into an opportunity of finding real and natural happiness and ease. If colonies are lost, it may seem more particularly requisite to provide some new opportunities of settle- ment for the usual emigration. If the facility of domestic establishments is presented to their choice, that will not only prevent the turbulence of unsettled, discontented multitudes confined at home, but will apply their numbers, and call forth their industry for the augmentation of the public opulence and strength. 6i. Public dangers, especially, if not sudden and -transitory, but continual, as proceeding from the vicinity of powerful and ambitious neighbours, ought to produce in the rulers and the higher ranks of a nation so threatened, a similar disposition of recurring to the genuine sources of public opulence and force. What more effectual preparation can be made for the most vigorous defence of national liberty and in- dependence, than to interest every individual citizen more immediately and directly in the welfare of his country, by giving him a share in the property of the soil, and training him to the use of arms for its defence. The former of these means of public security and defence is scarcely less requisite than the latter, the propriety of which is so generally understood. A great standing army may be sufficient for the purposes of ambition, and for carrying offensive war into Property in Land. 73 foreign states, but if resistance is to be made at home, and a prolonged defence to be maintained against a more powerful invader, the discipline of standing forces, however perfect, must be combined with, and sustained by, the zealous patriotism of a militia. The King of Prussia, beset by hostile powers naturally superior in strength, has set the first example of a military esta- blishment modelled on this plan ; an example which deserves to be imitated, and will not fail to be so by every potentate in the same perilous situation. The time seems to be not very far distant, when Britain her- self must trust no longer with entire reliance to her wooden walls, even in time of peace, but must keep in continual array a land army proportioned in some degree to those of the continental powers. Even the greater powers themselves, by the continual augmenta- tion of their standing armies, with an intention of in- vading others, approach still nearer and nearer to the establishment of a disciplined militia, as they continually increase the proportion of soldiers to unwarlike citizens ; and when they begin to perceive that they themselves are at last in danger of being invaded in their turn by the powerful confederacies of neighbours, whom separately they have insulted or held in terror, they will then hasten to adopt the whole plan, in the same manner as these neighbouring powers have already done. Thus, that continual augmentation of disciplined standing armies throughout Europe, which the friends of liberty and of mankind regard with so much anxiety and distrust, seems to tend to an ultimate state of advancement, in which every ploughman will be made a soldier, and almost every soldier remain a ploughman ; a system very favourable, no doubt, to the happiness and virtue 74 The Right of of mankind, and more particularly of the lower class; a fortunate and desirable effect, which it may be hoped will arise from so very suspicious a cause as the restless ambition of monarchs. Whenever this state of things is brought near to its maturity in any country, there will be wanting only one regulation to realize the fancied virtues and happiness of primeval ages, though without that supposed perpetual tranquillity which seems not very consistent with the highest felicity of mankind. That regulation is, that every individual thus accus- tomed to the use of arms, and of the instruments of tillage, should be made proprietor of the field which he cultivates. It is of small importance whether, in this progress, the state has begun with the establishment of a militia, and afterwards trained that militia to the exact disci- pline and ready array of standing armies ; or — what is more new in practice and may be more willingly adopted by monarchs — beginning with a standing army, has proceeded gradually to extend its compass, and the rotation of military services exacted, until, almost all those persons are comprehended who would belong to the plan of a militia established in the usual form, with- out however detaching them from their rustic labours, or interrupting that essential industry in any great degree ; still the same union of the military character with that of the peasant might be accomplished in the greater number of the people, in nearly the same course of time ; still the same facility and expediency will arise, of communicating to each of this majority of the citizens a competent share in the real property of the soil. 62. The state of a nation overwhelmed with debt Property in Land. 75 furnishes the most urgent motives to induce all classes of men willingly to recur to those measures and schemes by which the amount of the public stock may be most effectually, and most expeditiously increased. Among these schemes, the encouragement of improving agri- culture, and the increase of an industrious population by means of independent settlements must be allowed to stand foremost. It is indeed the landed property of the nation that is ultimately and solely engaged for all national debts : every other species of property may be concealed, transferred, or withdrawn, when the demand for pay- ment is apprehended. It is therefore to be wished, for the security of public credit, and for facilitating the bor- rowing of money on good terms, when necessity requires that expedient to be pursued, that property in land were exceedingly divided ; so that every person of the least consideration for property of any other kind, for industry, or for talents, had a share. In that state of public affairs which renders the con- tinual accumulation of national debt indispensable, it becomes even the interest of the great landholders, that such a distribution of property in land should take place, and that every member of the society should, if possible, have a share ; that so every member may be rendered responsible for the public debt, and may have, though in an inferior degree, the same sort of interest with regard to it on every emergency which these great landholders have. Such general distribution of property in land, especi- ally if the public creditors were for the most part pro- prietors of land also, and in some proportion to the property possessed by them in the funds, would tend to •j6 The Right of unite in a great degree the interests and views of the debtors and creditors ; and so prevent the danger of any sudden great convulsion, and the perplexities which might attend a temporary stoppage of payment. It would give at the same time the highest facility of employing the whole stock and force of the society in great and useful enterprizes, when such presented them- selves, without necessarily entailing oppressive taxes on a future age.* * The accumulation of a national debt must be acknowledged to be a great evil ; yet is it possible that the nature of that evil may be in some degree mistaken, and its distant terrors exaggerated. The comparison which offers itself at first between the incumbrances of a nation and those of an individual's fortune, is just only in a few par- ticulars. Money borrowed by a nation is chiefly furnished by its own subjects, into whose hands it is chiefly paid back for services performed ; and the stock of the community, compared with that of its neighbours, is lessened only by the amount of what is borrowed from subjects of a foreign State. Taxes imposed for defraying the interest of a large debt must, in some degree, endanger the suppression of manufactures, and the loss of foreign commerce. This is, perhaps, the only evil which may not be separated from this accumulation of national debt ; nor ought this to be accounted very formidable by a nation abounding with men, and possessing wide tracts of waste or half cultivated land, in the improve- ment of which the industry of these men may be employed. In such a situation, a nation well informed of its true interests might despise the loss. But if it is the established opinion of any people, that the public prosperity depends on the flourishing state of their commerce with other nations, that people ought, in consistency, to avoid the occasions of contracting debt. If a nation already encumbered with a great load of debt foresees rather the necessity of augmenting than any possibility of diminishing the load, that nation ought, beforehand, gradually to prepare those re- sources by which the public opulence and the industry of the subjects may be sustained, when foreign commerce shall have failed. Whatever national advantages are aimed at by efforts requiring the accumulation of public debt ; whatever evils are to be guarded against, as proceeding from such accumulation, a minute partition of property in land must be favourable to the measures of the legislature in either pursuit. Property in Land. yj In order to establish, or at least to approach nearer to this the most perfect state of public credit, certain regulations might be introduced with happy effects in a well constituted monarchy ; and perhaps without exciting discontent, especially if any salutary agrarian law had been established, or a pretty general distribution of landed property been by any other means previously obtained. It might be enacted, that at fixed periods a certain considerable portion of the national debt should be divided among the landholders, in proportion to their property in land ; not obliging them to pay off their proportion of the debt, but merely to advance the money for paying it off, and so to become themselves the creditors of the public (instead of being debtors to the public creditors) and to receive the interests which they formerly paid. It may be accounted a service which the State is well entitled to require from the proprietors of land, in return for their being suffered to engross the whole original value of the soil, that when the public is over-loaded with debts, not imprudently contracted, they should be obliged, not indeed to pay those debts, but to come forward and interpose their private credit in support of that of the public ; and to take their chance of such payment of annual rents or capital as the public may afford to make. Such an occasional partition of the national debt must be acknowledged to be altogether consonant to justice in those nations where the repre- sentatives of the proprietors of land have alone consented to, and authorized, the contracting of such incumbrances. At least it seems probable that, whatever measures may at any time be adopted for diminishing the public debts of a nation, or for preventing those convulsions 78 The Right of Property in Land. which on critical emergencies may arise from the com- petition between the interests of borrowers and lenders, subjects of the same state, all such measures would be greatly facilitated by the minute partition of property in land, and a general distribution of it among the whole body of the people. Section IV. Of Public Institutions calculated for promoting a gradual and salutary Change in the state of Property in Land. 63. A S a subsidiary help to all those regulations which ■LX. might be devised for promoting the prosperity of the lower classes, and, in particular, the independence of the plough, it would not ill become the wisdom of an attentive government to appoint a special Board, in- trusted (under strict account) with the management of considerable sums, to be applied for this essential pur- pose, in the following or afty other plan of like effect : To purchase such estates exposed to sale, as might be had at a reasonable value (suppose from twenty-five to thirty years' purchase) and to divide them into small farms of a single plough only, to be given off in perpetual property for a full reserved rent. The loss that would be incurred in this transaction might be greatly diminished by selling off these reserved rents, with all the privileges of a landlord, to persons desirous of the best security without the trouble of managing a land estate. The purchaser to have a right of distraining the. produce of the soil, together with collateral security on the funds of the Board, and the same facility of trans- ferring his property at any time, and suddenly, by an assignation in their books, which the proprietors of stock in the public funds of Britain now have. With these advantages, it may be presumed, that such reserved rents would be purchased eagerly by the timorous and 8o The Right of the indolent, and probably sell at an advanced value, so as to reduce the loss on the whole transaction, to two or three years' purchase money of the estate. The money thus refunded to be immediately employed in similar purchases ; in making which, estates of a large extent, inhabited by a numerous and poor peasantry, ought to be preferred to others of equal rent-roll. Estates situated in islands, or along the sea coast, might likewise deserve preference ; because, for the sake of navigation and fisheries, it concerns the interests of the community at large, that the common people in insular or maritime situations should be brought into that state which is most favourable to their increase of population, and their thriving. As the operations of such a Board would tend to enhance the value of land when brought to sale, the establishment, it may be thought, would be acceptable enough to the great body of landholders. To such a Board might be committed the office of furnishing to the tenantry of estates exposed to sale such assistance as they might stand in need of to enable them to complete their schemes of a joint purchase, founded on their right of redemption. To the same Board might likewise be committed the inspection of all lands devised and assigned to hospitals, universities, and any other public or charitable founda- tions, with a view to prevent that private abuse and peculation, which too generally take place in the management of such funds, when they are in a flourish- ing condition, and more than sufificient for carrying into execution the original intention of the founder. In these cases, the Board, having first laid a satisfactory proof of such redundance before the supreme tribunals of justice. Property in Land. 8i should be authorized to interfere, atjd to turn this super- fluity to the greatest advantage of the public, by dividing the lands belonging to such foundations into separate allotments of a single plough each, and giving them away in complete property for a reserved rent. The charitable foundations of one age may become superfluous, nay, pernicious, in those that follow, as the numerous hospitals and almsgivings of the Italian cities are justly considered as no small obstruction to the industry of their common people ; and for various reasons, it cannot be unfit that the legislature of every country should exercise a constant and supreme control over all such establishments ; yet directed by a scrupulous observance of the original intention of the founder, excepting where it is no longer fit that these intentions should be fulfilled ; in all which cases, the produce of the funds ought to be religiously applied to those public uses and charitable occasions which, it may be supposed, the munificent spirit of the founders would have disposed them, had they lived in the present times, to patronize and prefer. That bill which was brought into the British Parlia- ment some years ago for enabling the governors of hospitals, and the trustees of other charitable founda- tions, to place in the public funds the estates intrusted to their care, seems to have been meant as a very gentle attempt to apply the redundant opulence of such establishments to the support of public credit and the general advantage of the State. It was an attempt entirely consonant to the best principles of national interest and of legislative superintendence, nor could that vehement dislike by which the bill was rendered abortive have arisen solely from poiblic considerations, 6 82 The Right of unless inflamed by the patronage of jobbing and secret peculation. 64. It is not wholly in vain that premiums have been distributed for the encouragement of various improvements in agriculture and the arts. Great effects cannot be expected to result from them, but a general notification at least is made to the public of those things which speculative men of enlarged views conceive to be most advantageous and practicable. Trials made in different places and under a variety of circumstances ensue: and examples are exhibited, by which the advantages and disadvantages of the proposed improve- ments are subjected to general examination, in almost every corner ; and other methods perhaps are suggested, more profitable on the whole, or better adapted to particular situations. Trials and examples, it is presumed, are alone wanting to recommend the general participation of property in land to the favourable opinion and wishes of all ranks of men. In such examples, the landholders might perceive how small a part of their privileges and emoluments need to be given up, for promoting this, the greatest public good of the community, and what new advantages will spring up in compensation for those relinquished. The rulers of nations might per- ceive how much they are like to increase the numbers, and improve the character and virtues of their people ; and the common people themselves can, from such examples alone, be taught to know what improvement their humble condition may receive, and with what ardour they ought to endeavour to attain it. With a view to produce such examples in different Property in Land. 83 parts of a wide country, the same plan might be adopted, which in matters of far less importance has been pursued with no inconsiderable success. A great premium, either honorary or lucrative, might be held forth to the nobleman or commoner of a certain ample fortune, or possessing land estates of a certain great extent, who should within ten years establish the greatest number, not less than two hundred cultivators, settled in farms, from twenty to forty acres, held in freehold ; or by leases of long duration, three or four different forms of which might be proposed, as equally admissible. Less considerable premiums, yet such as only the treasury or the public honours of the community could furnish, might be offered to persons of different inferior degrees of estate for proportional establishments. Since such rewards and such marks of public approbation have been held forth for the cultivation of the best sorts of grain, and other profitable crops, why should it be accounted preposterous to appoint suitable premiums, if such can be found, for rearing and increasing the best sort of citizens, that virtuous and laborious class of men, of whom the severe Roman has said with delight that they are viri fortissimi — milites strenuissimi — & niininie male cosritantes ? Section V. Of such examples and beginnings of Reformation, as might be expected from the generous efforts of private Persons acting singly. 65. ' I ""HE private interest of the landholders thoroughly i- understood, and pursued on enlarged plans, might incline them to adopt the same schemes of small farms, and leases of long duration, which appear to be so eminently favourable to the great interests of the community. This expedience is more particularly apparent in those large estates which are not in hazard of being brought to market every other generation, but may be expected to pass, as they have already done, from one age to another in the possession of the same family. On such estates, leases on improvement may be introduced still more beneficial to the interests of the proprietor's family than to those of the cultivator's, yet even to them far more eligible than any lease of a less permarient tenure. But if the present proprietor cannot be induced, for the sake of distant advantages to his family, and the general prosperity of those who are employed in tilling his estate, to divest himself, or his immediate successors, of all power of renewing leases ; still, great advantage might arise from an arrangement which would keep a certain proportion of the farms, as every third or fourth farm up and down the estate, on leases of very considerable duration ; these, when they The Right of Property in Land. 85 fell, to be replaced by others, so that the proportion should be still the same. These permanent and valuable leases would tend to bring about the accumulation of stock on the estate, and the establishment of wealthy farmers, by whose younger sons, or other relations, it might be expected, that advanced rents would be given for the adjoining farms, even on leases of much shorter duration. The English landholders seem to deviate more from their own and from the public interest by the preference they give to farms of large extent, than by any unwill- ingness to grant leases of considerable duration. The saving of expense in repairs seems in general to be their inducement, and that very essential article ought to be regulated, no doubt, and might perhaps without difficulty be regulated in a better manner. Might not the conditions of the lease be so adjusted as to give the tenant an interest in keeping down the expense of repairs, and seeing them well made, and without delay ? Might not the houses on his farm (and these neither too large nor too many) be delivered to him at his entry by appreciation, to be received in the same manner at the expiration of the lease — he receiving payment for any increase of value within a stipulated extent ? &6. The desire of transmitting their estates to a long series of descendants arises very naturally in the minds of men who have enjoyed ample possessions under the protection of a well constituted government ; and may, within certain limitations, deserve to be counte- nanced and promoted by the wisest legislature. It might be entitled, however, to more praise, as proceeding from a liberal spirit, and to more countenance of the 86 The Right of laws, as highly favourable to the general welfare, if, instead of securing superfluous opulence to one favoured line of representatives, the plan of such a settlement in tail had for its object to diffuse a moderate competency among a numerous tribe or family of descendants, and to provide that no one of the whole race shall be reduced to penury, but through their own extravagance, or indolent disposition. Both these intentions might be combined in the same scheme, by securing the present rent of the entailed estate to the lineal heir, at all events, and giving at the same time to all other descendants of the entailer, or of his ancestors, a right, when any lease fell vacant (the leases not exceeding three lives), to claim possession of it in full property, at the last rent ; or at the old rent, with the chance of being exposed to future claims of other descendants, regulated on the principles of the progressive Agrarian law : these claims being to take place only after all the farms of the estate had been given off by the first rule of entail, each to a particular descendant of the entailer or of his ancestors. Those persons who having no near relations, or none worthy of their inheritance, are led to bestow their estates on hospitals and other public uses, might obviate the murmurs of their remoter kindred, and the ungene- rous insinuations to which the memory of such public benefactors is sometimes exposed, by making such a provision as this, in favour of persons descended from the same ancestors with themselves. Qj. In every opulent society there is gradually pro- duced a considerable fund, which accumulates from time to time in the hands of beneficent and charitable persons, and is ready to be applied, chiefly in the way of Property in Land. 87 legacy and bequest, to the more urgent wants and occasions of the community, and to supply what the revenue of the State cannot be made to reach, or what its attention has overlooked. Churches, monasteries, universities, bridges, and hospitals of various kinds have successively become the objects of this well intended munificence in Europe, and corresponding foundations have in like manner engrossed it among the nations of the East. In some countries these objects are so fully provided for that the bountiful stream of donations seems almost to have ceased to flow : but the effect is apparent only, not real ; the public wealth continuing the same, the charitable fund will continue the same also, if new and worthy objects are presented to its bounty. Hereafter, perhaps, in enlightened nations, the independence of the plough may be numbered among these objects, as worthy to partake of such beneficent endowments, after the demands of sickness, of declining age, and deserted infancy have been in some reasonable measure provided for. In such a country, he who would have bequeathed his estate to a hospital, had hospitals been wanted, may think of dividing it, in the first place, into freehold allotments of a single plough each, and bequeath the revenue thence arising, to be applied at certain periods, to be portioned out in freehold in the same manner. 68. Nor ought it to be supposed that some specimen of this equal property in land, some example of what good effects it might produce in a narrow district, is too great an effort to be expected from the ordinary liberality of private men, possessed of ample fortunes. He who possesses six or eight manors cannot be 88 The Right of thought to deprive even his remotest posterity of any great share of their inheritance, should he at the present time divide one at least of these manors into small farms of a single plough, assigning each of them in perpetual property to the cultivator for such rent as he would consent to give for this perpetual right. Or were this one manor rendered subject to the options of a progressive Agrarian law, the right of claiming settle- ments being restricted to persons born on other manors of the estate, such an institution could not fail to operate as a premium in raising the value of the estate. But honour alone, and the conscious satisfaction of having made a public-spirited and laudable attempt, would more than compensate, to men of such ample fortunes, the loss that may be supposed to arise from some diminution of a rent-roll. In certain nations (though not in Britain) the Princes of the blood are possessed of revenues equal to those of sovereign states, without any civil or military establish- ment to maintain ; and should they even neglect the splendour of their retinue, and of their domestic court, still the public reverence would wait on the dignity of their exalted birth. Among these men, placed in an intermediate situation between sovereigns and subjects, exempted from the claims that are made on the iirst, and from the family wants of the second, it might be expected that liberal and illustrious schemes, conducive to the good of mankind, might find patrons worthy of them, whom the necessity of a great expense would animate rather than deter. Men of noble minds might rejoice in the occasion of expending their great revenues on some more dignified object than that frivolous luxury in which they are usually wasted ; they might rejoice in Property in Land. 89 the occasions of distinguishing themselves from the vulgar herd of subordinate princes, whom the senti- ments of mankind rate only as a sort of furniture, pertaining to the state apartments of a great monarch's court. Section VI. Of such examples and beginnings of Reformation as might be produced by the combined endeavours of private Persons. 6g. nr^HE concurrence of liberal purposes with the X power of carrying them into execution, is too rarely to be met with in particular men. It is probable, however, that in proportion as this important object shall be attended to, canvassed, and more generally made known, great numbers in various countries will perceive that they are interested in having it elucidated by experimental trial ; and what the wealth of indi- viduals cannot afford to attempt, the joint contribution of considerable numbers (as in many similar cases) if expended on judicious plans, may accomplish with ease* ' The outlines of a voluntary subscription scheme for promoting the independence of agriculture, and securing the advantage to the sub- scribers' families, might be delineated in this manner. A hundred subscribers, at ;£ioo each, form a capital to be laid out in the purchase of lands ; these lands, as the leases expire, to be divided into allotments of a single plough each. All descendants of subscribers, males or married females, to be entitled, if they require it, to an allot- ment at a rent fixed by a jury, and on condition of residence and actual cultivation. The produce of these rents to accumulate, and to be expended from time to time in purchasing lands to be divided in like manner. Precedence of claims among descendants of equal propinquity to the subscribers to be determined by lots. All allotments after 50 years' possession to be subject to claims of smaller allotments of six acres each, if any candidates disappointed of the large allotments choose to settle on so small a patrimony. A jury must The Right of Property in Land. 91 70. Many societies are instituted in various parts of Europe for the encouragement of agriculture ; but to promote it, by the most effectual of all means, the independence of the plough, seems far too arduous an undertaking to be pursued by them even in the way of trial and experiment alone, and far beyond the limits of their finances. Yet the hearts of liberal men are apt to expand in proportion to the greatness of the objects which present themselves ; and the enthusiasm aroused by engaging in schemes of the highest importance, not without difficulty, is likely, above all things, to increase the numbers, the vigour and influence of these very laudable associations. in that case determine what rent is to be paid to the fund, and what to the first occupier of the allotments. The usual subscription societies are formed to provide for widows or children an annual payment during life, or a sum of money to assist in beginning the world. The object of this one would be to provide for a long and increasing race of descendants an inheritance, if they stood in need of it, and that of the most valuable kind, being a fund on which the most salutary industry may be comfortably exercised. Section VII. Of a progressive Agrarian Law, which wight be made the basis of all partial and occasional Reformation respecting Property in Land. 71. T F in any nation of Western Europe the sovereign -I- were desirous of introducing a system of pro- perty in land, wholly consonant to natural justice,* and * To all unbiassed reasoners it will probably appear that no right whatever can be better founded than that which every man willing to employ himself in agriculture has, to claim a certain portion of the dis- trict in which he happens to be born, he becoming bound to make just compensation to those by whose labour that spot of ground has been fertilized. It belongs to the community to establish rules by which this general right may become definite, and to prescribe a method by which the dis- tribution may be made and the compensation ascertained. The rules adopted for this purpose may be more or less prudent and equitable, and more or less favourable to the poor or to the rich, without any heavy imputation on the spirit of the laws ; but not to recognise such a right at all, not to have established any rules by which its claims may be ascertained and complied with, ought to be accounted essentially unjust. Means may certainly be discovered by which this general right of the community in the property of the soil may be so clearly and practically ascertained that the private landholder shall have no occasion to be a&aid of suffering injury, or material inconvenience, when any share of that public right is claimed. The plan of a progressive Agrarian law is an attempt towards the dis- covery of such means ; but the problem is difficult, and the imperfections of a first attempt may deserve to be excused. Numberless are the variations which might be devised for accom- modating the principles of a progressive Agrarian to the supposed rights and legal possessions of the body of landholders. The Right of Property in Land. 93 favourable to the greatest happiness of the greatest number of citizens ; and if in this undertaking he found himself under no necessity of paying respect to the prejudices and interests of the present landholders, or any other body of men whatever, he would take for his leading object to increase the number of independent cultivators, and to bring into that favourable situation as great a number of citizens as the extent of his terri- tory would admit. In the accomplishment of which purpose, he might see cause to enact a statute, not very different from the plan delineated in the following articles : I. That every citizen aged twenty-one years or upwards may, if not already in possession of land, be entitled to claim from the public a certain portion, not exceeding forty * acres, to Suppose it enacted in any country that a progressive Agrarian shall take place, in respect of barren ground at all times, but in respect of cultivated lands only when the leases expire, excepting those farms which exceed a hundred acres in extent. Thus the landholders would have an option given them : if they did not choose to submit to the operation of the Agrarian, they might avoid it by adopting leases of long duration and farms of small extent. * Or such extent of ground as may be cultivated to advantage by one small plough and the ordinary family of a peasant, which may be supposed a husband, wife, and three children of various ages. This may be called the standard farm, ani ought to vary in its extent according to the state of the country. In countries little cultivated and thinly in- habited, it ought to be large (which does not exclude small options), to encourage the cultivation of new land by those who are possessed of some considerable stock ; where the country is well stocked with inhabi- tants, it ought to be small, that each may have a share. Thus two hundred acres may be no improper standard in North America ; from sixty to twenty in Europe ; in Holland, Egypt, and Bengal from six to two, which last is considerably larger than the original standard of ancient Rome. 94 The Right of be assigned him in perpetuity for residence and cultivation, in the manner and under the condi- tions hereafter specified. IL That the claimant shall have right to choose the situation of his allotment on any farm, freehold, or uncultivated common within his own parish, if the same be not excepted by the other provi- sions of this law. If there be no unexcepted land in his own parish, he shall have right to choose in any of the parishes contiguous to his own ; and if in these there be no unexcepted land, he shall have right to choose throughout the whole district or county.* III. This allotment shall be set apart, and its land- marks fixed by the magistrate with the aid of an assize, or of arbitrators chosen by the parties. It shall be marked out in the manner most con- venient for both the old and new occupier: it shall approach to a square, or some other com- pact form ; one of its sides shall run along the boundary of the old farm ; and it shall have communication with some road already patent. — None of these circumstances to be departed from without the consent of both parties. IV. The ground thus set apart shall be submitted to * If in any parish there have been no claims made for seven years, and yet unexcepted land remain, all persons even from other counties may enter their claims there. The tendency of these restrictions is to diffuse the benefits of this law, together with the inconveniences which may attend it, equally over the whole state. Perhaps a better regulation might be that cultivated lands should be open to claims only one year in ten, but uncultivated lands always, and to the claims of all persons within that county, or from any other county in which the uncultivated lands were already appropriated in small allotments. Property in Land. 95 the cognizanceof an assize,* or of arbitrators chosen by the parties, who shall determine what reserved perpetual rent the claimant must pay to the land- lord, + and what temporary rent to the former tenant (if any) in compensation of their rights. V. The following farms are to be exempted from all such claims : — (i) Every farm from which, if the allotment claimed is taken away, less than forty * Perhaps some additional precautions might be requisite in the manner of constituting the assize. It ought to consist wholly of persons versed in agriculture, and if possible one-half landlords, the other claimants, or rather if that could be had (as after some years it easily might) the whole to consist of persons who have already got the standard farm and no more. Yet each party might be allowed to demand a refer- ence to arbitrators rather than an assize ; these arbitrators to be chosen by the parties, and paid after a certain handsome fixed rate. This would induce some capable persons in every small district to distinguish them- selves for honest and fair dealing in this line of business. t The right of the landlord can only extend to the improved value of the soil ; for he may still retain a farm of the standard extent, which is to be supposed in all cases at least equal to his natural share of the soil. It might be difficult, however, for an assize or arbitrators to separate the original &om the improved value of the allotment to be given off, and if they find an equivalent for both, no great injustice will be done the claimant, provided the landlord remains alone liable to the land tax, with all its additions : an equivalent for both they can easily find, as it must be no other than a reasonable rent for the ground, on a short lease of seven or ten years only ; for that which might be accounted a reason- able rent for a longer lease would comprehend an equivalent for some part of the improvable value ; to which, according to the principles assumed, the proprietor can have no right. The claimant ought to have his option of paying a reserved rent, or a ready money price. The first will commonly be his choice, but if not, the landlord may not be obliged to receive more than one-half the value in ready money price. The reserved rent ought to be ascertained not in money, but in the staple produce of the country, in justice to the land- lord, who ought also to have a right of distraining in the most effectual manner for his security. The claimant ought further to show that he is able to stock his farm in a proper manner, or that he is possessed of three times the reserved rent in goods or in cash. q6 The Right of acres will remain to the first tenant. (2) The farm or park belonging to the lord of the manor, the same bearing a regulated proportion only to the extent of his estate. (3) Every farm, of whatever extent, that has not been ten years occupied by the present tenant. (4) Every farm whose arable ground has been diminished one-half by claims founded on this law shall be exempted for twenty years to come, if the tenant so desire. (5) All farms of barren ground taken for the sake improvement, under such forms and limitations as may prevent the collusive evasion of this law. VI. In case the claimant is not contented with the rent affixed to his allotment, he shall not be obliged to hold it, but to pay the occupier twice the amount of any expenses incurred by him. If the former occupier is not contented, a new * valuation may be obtained by him, he de- fraying all the expenses that may attend it. Every such claimant may make four options, and no more. If he has made two within his own parish without holding, he cannot make a third there, but may make his remaining two in the contiguous parishes, or in the district at large, as he shall choose, t * Might not the former occupant or landlord, if he has any personal objection to the claimant as a neighbour, be entitled to substitute another in his room on the same terms ? In which case this attempt so dis- appointed ought not to be reckoned as one of the claimant's options. + The number of options is limited chiefly in order to prevent vexation of the landholders in the beginning, when the number of claimants must be very great. But perhaps there is greater danger of the landlords contriving in every stage to defeat the just pretensions of regular claimants. Property in Land. 97 VI I. The person thus acquiring property shall con- tinue to reside upon his farm. He shall have right to transmit it to his heirs or assignees in full property, or under a reserved rent, but shall not have nor transmit the right of alienating it with reversion, i.e., of letting it, or any part of it, in lease. If he sells it to another, who shall not reside upon, but annex it to some other farm, one-tenth part of the price, or of the reserved rent, shall belong to the public* VIII. The lands acquired in this manner shall not be transmitted by will, but according to the esta- blished rules of succession to landed property, the original lord of the manor being ultimus hczres. The father, however, may choose to which of his sons the farm shall devolve. IX. No allotment shall be united to another by succession.-f- The person who has right to two in this way shall make choice of one of them, and that which he relinquishes shall pass to the next heir. By marriage they may be united during the lives of the parties, and of the longest liver, but to be separately inherited by two of their heirs. X. It shall not be lawful to break down any such • The farm thus annexed shall be exempted from any new claim for forty years. But no person shall accumulate more than four such farms, nor shall' he who has alienated two farms in this way have right to make any other option at all. f This does not obstruct the increase of estates, by the accumulation of reserved rents, to any extent. 98 The Right of allotment in order to divide it among children * until in any county the uncultivated lands are wholly exhausted ; at which time, a new standard of farms shall take place, of six or eight acres, suited to the spade culture ; and allot- ments within that county may then be broken down by will, purchase, or otherwise to that standard. XI. The property acquired in these allotments shall not carry along with it any right of common of any sort in the commons, moors, woodlands, private roads, or other appendages of the manor, excepting only in the nearest well and watering pond, and in the bog or common for turf, if that is the fuel of the country : this last right to be regulated by the usages of the manor, as if the allotment had been given off in lease only. Neither shall any use, prescription, or connivance, ever in course of time, procure the holder of such allotment any right of common that is not founded on, and ascertained by, express com- pact.f * Some doubt may be entertained of this article, as the allotments are not limited by any minimum below which they must not fall. H* The acquisition of such rights would render the future assignation of settlements more difficult and complicated ; besides, it ought to be a leading principle in every plan of reformation respecting property in land, that the present possessions of landholders having been acquired hon& fide, under the protection of established laws, ought not to be disturbed or broke in upon, except just so far as natural justice and the greatest good of the whole absolutely require, and no farther : from whence it will follow that the persons, who are by this statute restored to their natural claims, shall not be allowed to claim or possess, even for a time, any more than the precise extent of such natural claims ; while, on the other hand, those who are previously possessed of more than their just and natural Property in Land. 99 XII. Those who are in possession of farms at the time of enacting this law shall not be entitled to get any part of their farms converted into freehold by its operation, until by the option of other claimants these farms be reduced to an extent of less than sixty acres.* XIII. All who acquire property by the operation of this law shall be obliged to perform double service in the militia of their country. XIV. In every competition that may arise, orphansj and those that have served in the army or navy, shall be preferred to all others, and to one an- other according to the number of years they have served, or the early age at which they have been left orphans. XV. Every person who has acquired an allotment of land in this manner shall pay to the lord of the manor certain aids and services of a feudal right may be permitted to Iiold it until such time as a special claim, founded in natural justice and ascertained by this statute, be set up against their possession. The actual possessions of landholders are in part congruous to natural equity, and in part not : even in those parts of their extent which are not congruous to natural equity, no change is to be made until a particular claim founded in that natural equity requires such change to be made. On the other hand, in those parts of their posses- sions which are congruous to natural equity, viz., the right to improved value, such changes as the general good may require are to be made, in the manner of holding or occupying their possessions; a just equivalent being, however, given them for their rights and possessions themselves. * No injustice is done to the farmers by this restraint. They are already in possession of land on terms which they thought not ineligible : it will prevent their entering into cabals to retard the progress of the law, and to obstruct the breaking down of their farm by such claims ; they will be rather concerned to promote a progress which enables them the sooner to convert into property the most convenient part of their farm — that, to wit, which lies nearest to their residence. icx) The Right of nature, so regulated as to produce that degree of connection and dependence which may be expedient for preserving order and subordination in the country without danger of giving rise to oppression and abuse.* 72. Such might be the general outlines of a statute which from the nature of its operation would not im- properly be called a progressive Agrarian law. Other more simple plans might no doubt be adopted by a sovereign having the power and the inclination above supposed. Many such might be proposed, by any of which the present state of landed property in Europe might be very much improved, and rendered more consistent with natural justice and the best interests of the greater number ; yet far less improved than might be expected from the establishment of a progressive Agrarian law, the plan of which seems to comprehend the following advantages over every other Agrarian law that has been attempted or proposed. t * It is not impossible to devise such regulations, and though not absolutely necessary, they may prove beneficial in some degree. Suppose, for example, that on the death of any lord the vassals paid one year's rent to his successor ; that on the death of a vassal, one year's rent was remitted by the lord ; that during the minority of their lord, the vassals paid one-tenth more rent, and during the minority of a vassal one-third was remitted ; that the bachelor vassals paid one-tenth additional rent, the bachelor lord received one-tenth less ; that the vassal having eight children was exempted from the one-tenth of his rent, having twelve firom one-fourth. + Almost all of Agrarian laws have proceeded on the plan of restricting' that extent of landed property which an individual may acquire, and not the nature and the force of that right with which the landholder is invested. Thus endeavouring to establish an equality of fortune, they have been found impracticable, and, could they have been carried into execution, they must have proved detrimental to the progress of industry and of commerce. Property in Land. loi (i.) It tends to unite the real benefits of that levelling scheme which was the avowed object of the Greek and Roman Agrarian laws, and which the peasants of Europe, in a frenzy excited by oppression, have sometimes seemed to aim at ; with the known advantages of unequal fortunes, and the free accumulation of real property, ex- cluding at the same time the greater evils that attend on each. (2.) That its operation must proceed gradually and gently, under the regulation of two principles, the one acting as an accelerating force, viz., the demand of the lower ranks for independent settlements, the other acting as a retarding or restraining force, viz., the inconvenience which the present occupiers, at any given period of time, must undergo. The opposite interests of these two classes of men, this law tends to com- promise on a plan the least unjust to the former, and the least incommodious to the latter, accord- ing to the circumstances of the country at every successive point of time, with all the variations of which circumstances the operation of this law will, of course, vary. (3.) That it provides for the easy gratification of that propensity so natural to mankind, to fix their settlements as near as may be to the places of their birth, and to extend themselves de vicino de vicinum, chiefly like the trees of the forest. (4.) That it reduces no citizen to the alternative of renouncing his inclination or his right. If he does not incline to become a cultivator, or a husbandman, he is not therefore deprived of all ^ 102 The Right of opportunity of becoming so, when change of circumstances, or of his choice, shall so dispose him ; when that time comes, he has free ad- mission to an equal share of the soil of his country. Provision, however, is made, that who- ever in the meantime has occupied that share shall not be dispossessed of it, with any circum- stances of inconvenience, nor without a just compensation for labour bestowed and improve- ments made. In order to ascertain the amount of this compensation, recourse is had to the best expedient which the state of human affairs will permit, an expedient which in similar cases has been employed and found adequate. (5.) That it may be so adjusted as to confer suitable and effectual encouragement on the marriages and increasing progeny of the lower classes of men ; not merely honours, exemptions, and prizes, which can fall only to the share of a few, but real establishments proportioned to their in- creasing wants, and consisting of the subject of industry and the means of subsistence. (6.) That by very easy variations it may be accom- modated in a great measure to the municipal laws of any country, and the interests of any prevailing order of men, so as that very considerable and im- portant branches of it, if not the whole, may be engrafted on the established system, whatever that may be, without any apparent violence or much danger of exciting discontent. 73. There are three articles with regard to which / these variations for adapting the progressive Agrarian to Property in Land. 103 established systems and prevailing interests may require to be made : — The lands which are made liable to claims of allot- ment. The persons to whom the right of making such claims is given. The nature of the right acquired in the allotments thus assigned. (i.) Natural justice and the greatest good of the whole community would require that all lands whatever should be subject to these claims until the whole country were divided into farms not exceeding the established standard. But this not being practicable, except in a few rare cases, and on such occasions as a new settle- ment or an absolute conquest, it might be expedient in most countries to restrain these claims to uncultivated lands alone, or to the forests and demesnes of the crown, either of which would prove of great public utility. This Agrarian law might be established with regard to commons in general, restricting the right of making such claims on each separate common to the children of those who have a right of common in the same — a regulation perhaps not impracticable in England. In almost every country there are some classes of men who, though they are allowed to possess property in land, are yet not reckoned to stand on the same footing with the bulk of the community, nor admitted to any share of government or legislative power. Such is the situation of Protestants in Roman Catholic, and of Roman Catholics in Protestant, countries. Might not such a statute be enacted in its full extent with regard to the lands of these proprietors? Might it not be I04 The Right of enacted in its full extent with respect to lands whose proprietors are subjects of a foreign state? of which there are frequent instances on the Continent, and in most cases, these lands are subjected to double taxes, or other burdens, far less equitable than any detriment that might be incurred by the proprietor from the operation of this law. The estates of absentees of a certain description, and still more the lands which at any time devolve by for- feiture to the public, might be made liable to such an Agrarian ; the right of making claims on these estates being confined to natives of the same county or district. If great proprietors are allowed to establish perpetual entails, in opposition to the public interest, it ought only to be on condition of rendering their estates subject to such an Agrarian in its whole extent, by which the public detriment arising from the entail would be fully compensated, without defeating the private intention (which is in itself laudable enough) of rendering a great family permanent. Even Jews might be permitted, without alarming any prejudice whatever, to purchase lands in any country, subject to the regulations of this Agrarian law in favour of Christian cultivators, and without that sort of dependence which is pointed out in the last article of the plan. (2.) Natural justice and the greatest good of the com- munity would require that every man, arrived at the years of maturity, should have such a right. It might, however, without detriment, perhaps with advantage, be limited to those who are married, and might perhaps require at its first commencement to be limited to Property in Land. 10$ thirty-six or thirty-two years of age, in order to prevent too sudden a diminution of the number of day labourers and hired servants ; this standard age, however, sinking gradually, one year at a time, once in the two years, tintil reduced to twenty-one. However impracticable or inexpedient it may be in most countries to extend this privilege to all persons whatever of the legal age, there are in every country certain useful and privileged classes to whom it might be willingly enough communicated by the legislature, as (i) those who have served a certain time in the army. This regulation might be easily admitted in Prussia, Austria, all over Germany, and indeed Europe in general ; (2) those who have served a certain number of years in the fleets, or on board the trading vessels of their country. The prevailing eagerness for acquiring commerce and maritime power might well recommend such encouragement to this class of men everywhere. In most countries they make but a small proportion of the community, and where that proportion is large, there they are most highly valued and cherished by the State ; (3) the sons and sons-in-law of clergymen in Protestant countries might be thought entitled to this privilege, if at any time reduced to the necessity of claiming it ; (4) the peasant who has eight children alive, Or six before he is thirty years of age, might be entitled to it in all countries ; (5) and so might those who have been left orphans in their nonage, the daughters, when married, conveying this privilege to their husbands. (3.) As to the nature of the right acquired in the allotments of land — according to natural justice, it ought in all cases to be a perpetual tenure ; but if this may not io6 The Right of be obtained in all, it ought at least hardly ever to be departed from when uncultivated lands are allotted to the claimant. If the lands have been already cultivated, a long lease may suffice ; and if they are fertile, that lease may be somewhat shorter, but ought in no case to fall below thirty-one years, with a life. On the expira- tion of every such lease, the tenant ought to have an option of renewing it again on paying an additional proportion of rent, as one-sixth, or such new rent as an assize may affix ; but if that affixed rent shall not exceed the old one in a certain proportion, as one-tenth, the tenant ought in that case to forfeit his right of renewing the lease. By such variations may the principles of a progressive Agrarian law be accommodated to the established insti- tutions of various countries ; and justly may it be affirmed that there is no country under the sun which might not derive great increase of prosperity from adopting one or other modification of such a law. Certain forms of this law might indeed be proposed, so > simple in themselves, so little inconvenient to the present landholders, and yet so beneficial to the lower classes of men, that no good reason could be assigned why they ought not to be universally established in all parts of the world. Suppose, for example, that a petition were offered by the parties concerned, to any European legis- lature, requesting, with due respect, the establishment of the following regulation : — That soldiers, sailors, orphans, should be entitled to make claims of uncultivated lands within their parishes and counties, on the boundaries of estates only, without acquiring any right of common, and to be possessed for forty years and a life rent, under such annual payment as an assize or arbitrators should Property in Land. 107 determine to be the present annual value of the soil. What good reason could be offered for refusing so just a requisition ? And were it flatly refused, what reason would there be to hesitate in pronouncing that legis- lature, whether monarch or senate, tyrannically oppressive, and unfaithful to the first objects of a sovereign's trust ? But as in all parts of Europe the good of the people and the protection of the indigent and deserving, are held forth by governments as the pretexts of that authority which they assume, it could not well happen that so modest, so reasonable a request would be re- jected in any country whatever ; nor could it fail that the introduction of this very circumscribed form of a progressive Agrarian law, by showing an example of its advantages, and making known also the very inconsider- able amount of the inconveniences inseparable from it (which, while unknown, may be dreaded too much), would make way for its reception on a more extensive plan, as communicating the right of making options to various other classes of men, and in the cultivated as well as the barren lands of the State. 74. It would furnish the matter of a very interesting inquiry to examine what particular modifications of such an Agrarian law might be accounted more especi- ally suitable to, and most likely to find ready admittance in, various countries with whose municipal laws we are acquainted, and what peculiar branches of such law might be adapted to various conjunctures which have occurred, or may perhaps occur, in different states. North America has lately enjoyed an opportunity of new modelling the establishment of landed property, even to theoretical perfection. Among the fundamental I08 The Right of laws of their new constitutions a well-regulated Agrarian ought to have found a place, and might have remained unrescinded by the articles of any auspicious coalition with the parent state, none of whose pretensions could be supposed to be infringed by the internal arrange- ments of such a statute.* Nor is that opportunity, though not observed in the great crisis of their fortune, wholly lost to countries where almost every citizen is annually admitted to vote for his representative in a legislative assembly, every member of which represents nearly an equal number of the people at large. The whole landed property of Bengal and the other provinces which our East India Company has acquired is now absolutely at the disposal of that company and of the British Government. No nobler opportunity, no equal fund for exhibiting to mankind the illustrious pattern of a just and equal establishment of landed pro- * In manufactures and commerce nations may be led to think that their interest requires them to rival and obstruct one another ; with re- spect to the progress of agriculture, it is hardly possible that they can fall into such a mistake. It is manifestly the interest of every nation, vifhose lands are not cultivated to the highest degree, or, being encumbered by ancient rights, cannot be brought into that state which is most favourable to the highest cultivation, to wish for and to promote the establishment of independent agriculture among its neighbours; for the cultivation of that country having become stationary, it must owe any increase of pro- sperity and population to manufactures and foreign commerce ; and the more that other nations are occupied in cultivating their soil, the greater quantities of manufactured commodities will they stand in need of, and the less will they be able to furnish to themselves ; the more, therefore, will they contribute to the prosperity of manufacturing nations near them To Britain, considered as a *manufacturing and commercial nation, it might prove highly advantageous that regulations of the nature of a progressive Agrarian were established throughout the continent of North America. Property in Land. 109 perty, was ever by any conjuncture thrown into the hands of a set of men very capable of perceiving wherein the best use of such an occasion would consist. By making a proper use of it, and by the firm establishment of a beneficial landed property, some reparation might yet be made to that unhappy country for so many wrongs, and some testimony might be borne, amid so many ambiguous appearances, to the ancient honour and equitable disposition of the British nation ; and what may be more directly regarded an additional security might thereby be provided for the permanency of our acquisitions in that part of thfe world. To establish a just system of landed property, and to secure it by introducing the trial by jury, are perhaps the only innovations which Britain ought to make in the ancient institutions of Hindostan.* * Britain has derived considerable advantage from Bengal, Bahar, and Orissa, as states, and proposes to continue to reap the same, if not greater. The advantages and profits arising from trade are earned by the exer- tions which that trade requires ; they are due to the persons by vs'hom it is carried on, and into whose pockets they immediately enter ; and they may be supposed in some measure reciprocal to both countries. But what right can Britain, as a state, have to increase her own revenue by large sums deducted from a revenue raised on the subjects of Bengal ? How does it become her justice or her magnanimity, to receive such a tribute, unless repaid by the communication of well-ordered laws, and a reformed police ? To transfer the whole code of English laws to Bengal is an attempt not much less absurd than to transfer the laws of Bengal to England, though probably some particular institutions of each country might be beneficially transferred to, or copied by, the other. But the administration of the English laws, and that happy plan according to which justice is dispensed in this country, by the interven- tion of a jury, in all cases of any importance, and the privilege of a speedy trial, if the prisoner desires it, may no doubt be adapted to any system of laws that has been established in any country ; it would render the best still more beneficial, and the worst not intolerable to the people living under them. no The Right of The situation of Ireland during the peaceable years of the present reign might perhaps have encouraged the legislature of that country to establish some consider- able branches of an Agrarian law (had it been suggested) in the estates of the Catholics ; these regulations might have been so devised, and so promulgated, as to operate more effectually in attaching the common people of that persuasion, than in disgusting the great proprietors.* * The distresses of Ireland, whatever they may have been, must be allowed by impartial observers to have arisen far more from the abuses of landed property than from the restrictions of commerce, and to have been aggravated by the want of an establishment for the maintenance of the poor, similar to that which does so much honour to England, and in consequence of which the domestic peace of that country is so easily preserved, without curbing the bold and manly spirit of the common people. This establishment the legislature of Ireland will probably soon have occasion to take under consideration ; and some benevolent men seem already to have turned their thoughts on that object. It will not become them to be deterred by the errors and embarrass- ments into which England has fallen from attempting a scheme which justice, humanity, and the tranquillity of their country seem equally to require. It ought rather to animate their generous endeavours that Ireland may hope to be the first nation that shall exhibit this most humane and liberal of all municipal institutions in a state of improve- ment, which may render it equally beneficial to the rich and to the poor. It must be much more difficult for England to reform the abuses of her ancient establishment than it ought to be for Ireland, profiting by the example of her errors to establish at once a new system of more uniformly beneficial effects. The vexation of settlement disputes might be avoided by throwing the supernumerary poor of a parish on some county fund, and the super- numerary poor of a county on the general funds of the nation. The encouragement of idleness might be prevented by giving the clergyman of each parish a negative on the disposal of the poor's money ; by the interposition of which he might prevent its being given to the undeserving, or too liberally to any. Nor ought it to be suspected that the ministers of religion would abuse this sort of power. After all, to lay open the uncultivated lands of the State to claims Property in Land. Ill It seems not unlikely that the proprietors of exten- sive grazings in the south of Ireland might be more easily reconciled to the establishment of such an Agrarian than the holders of arable estates to the same value may be hoped to be ; as these proprietors of grazings have so few people on their wide domains, they would not be so sensible as other landholders to the loss of influence and that degree of dominion over men, which is no doubt one of the principal charms of landed property. Their rents might probably be in- creased by the innovation, for surely the free produce of the ground might be greater under alternate tillage and grazing than when kept perpetually in grass. Sup- posing, however, that their rents were only kept up (which they ought to be at least), they could have little aversion to a few independent settlements on the frontiers of their extensive estates ; or if they had such made by the industrious poor for the sake of cultivation, will be found the most solid foundation of any new establishment for the maintenance of the poor, and the most effectual expedient for rectifying the abuses of an old system, or moderating the demands for its support. The practice of letting estates to intermediate tenants or middlemen is one of those grievances under which the industry of the Irish poor has laboured. That practice will gradually be laid aside ; but the change, it may be apprehended, will not prove equally beneficial to the cultivators and tq the landlords, as in all reason it ought to be. Such is the influence of habitual modes of thinking that those who exclaim most against the exorbitant profit of the middleman seem not to perceive that it is unjust, because it has been squeezed fi'om the humble industry of the cultivator without any equivalent given for it ; but think that it is so, because it is kept firora being paid into the chests of rich and indolent landlords, whose title is not better founded than that of the other. Suppose that an estate farmed by a middleman who draws from it a profit equal to the rent he pays had been kept in the landholder's own management, and the rent raised to the same degree as by the middleman, wherein would there have been any difference in respect of the tenants 112 The Right of aversion, they could not apprehend that in parts of the kingdom so thinly peopled the increase of these settle- ments would advance very fast. In the present doubtful state of that country,* it is supposed that the volunteer corps, who have taken up arms for obtaining a free trade, are for the most part composed of persons who might derive advantage from equitable regulations of property in land. Should these men come to apprehend their own interest in that point, and should they think of insisting on the establishment of any such regulations in favour of themselves and their posterity, or for the community in general, would not their present ascendant enable them to accomplish this desire, if not carried to any intemperate extreme ? and cultivators ? Would they have suffered less injustice if deprived of this great share of the produce and just reward of their industry by the landlord, than if deprived of it by the middleman ? What right can the landlord have acquired by purchase, which he cannot transfer to the middleman during his lease ? The middleman is described to be one whose business and whose industry consist in hiring great tracts of land as cheap as he can, and reletting them to others as dear as he can. iVIay not the landholder and his ancestors be described as a race of men whose business and whose industry have for successive generations consisted in buying up large tracts of land as cheap as they can, and letting them to others as dear as they can ? It must be difficult to say what right the one set of men, more than the other, can have to appropriate any share of the produce of additional industry employed by the cultivator in improving the soil : the injustice and absurdity of the landlord's claim to improvable value may appear in the strongest light when considered in this delegated form. Were the Sovereign of Ireland an absolute monarch, and did he inter- pose when the middleman's lease becomes vacant, to prevent the land- lord from exacting more rent than he formerly received, would not that award be made in conformity to natural justice, and the best principles of that public economy, according to which the rewards of industry ought to be distributed ? * September, 1780. Property in Land. 113 Would not this be a much more important object, and more worthy of their generous enthusiasm, than that almost nominal independence of Great Britain, which they appear at present so eager to obtain ? Is it not at the same time the interest of Great Britain that their ardour should take this direction, — for avoiding the threatened contest, for increasing the common strength in the most effectual manner, for diverting the industry of Ireland from an immediate rivalship in manufactures, which, notwithstanding all suppositions to the contrary, is very justly to be dreaded by Great Britain. Had the minds of men been prepared in any degree for thinking with freedom on the subject of landed property, and could the times have admitted of any hazardous delay, it might have been reckoned very liberal policy in the British Minister to have undertaken the patronage of the Irish common people against their own parliament and landholders, and then at least, when he promoted the bills relative to freedom of trade, to have annexed to them conditions of regulation for landed property, by which the freedom of agriculture might have been established at the same time. It is only in purely democratical governments, of which there are very few, or in unlimited monarchies during the reign of a sovereign endowed with superior wisdom and capacity, that any sudden or effectual re- formation of the abuses of landed property can be expected.* Of all the absolute princes who have reigned * The more unlimited that power is with which any monarch is in- vested, the more it seems incumbent on him to attend with peculiar care to the protection of the common people. Other ranks have their privi- leges, their wealth, and acquisitions of various kinds, to protect and sup- port them ; but the common people have none of these, and not having 1 14 The Right of in Europe for many ages, none has appeared so well qualified as the present King of Prussia for conceiving and carrying into execution, in the best and most genuine form, any great and singular project of this nature. Had the idea of reforming the constitution of landed property presented itself to his mind, in the representatives in any legislative council, as under limited monarchs, the sovereign himself is in fact their representative, and cannot but perceive that he ought to be in a more particular manner the guardian of this helpless class of men. Perhaps even the oppression of the taille, if it must not be removed, might in some degree be alleviated, by communicating to the cultivators a more permanent right in the soil which they cultivate. The condition of Metayers, vifho pay a certain proportion, generally one-half of the produce of their farm, might receive a very great improve- ment, attended with great increase of profit to the landlords themselves, if that payment was to be regulated by valuations of the produce made at considerable intervals. It is not probable that the narrow views of the landholders will per- mit them to embrace such a general plan. Could the Sovereign authority be employed to compel them, it would be a very glorious and beneficial exertion of absolute power. It may be received as a general maxim of very important application, that if any rent, tax, taille, or tithe is to be levied firom the produce of cultivation, and to bear proportion to the increase of that produce,, the interest of the cultivators, and of the persons having right to the tax, will be most effectually combined, not by an annual variation of its amount, nor by a rate fixed for ever, but by a periodical valuation, returning after fixed and considerable intervals. Unlimited monarchs themselves, in resuming and regulating the im- provident grants which their ancestors have made of Crown lands, forests, and domains, find it requisite to use much tenderness, and to take many precautions for avoiding odium, when these resumptions are to be made, for the advantage of the treasury alone (see Compte rendu au Roi, par M. Necker). But if the leading object of such resumptions was under- stood to be a desire of accommodating the industrious poor of the neighbouring districts with small independent settlements in full property, such a benevolent measure, while it might be made to pro- mote the increase of the revenue very much, could not fail to meet with the national applause. - • , Property in Land. 115 earlier part of his reign, or had it been suggested by any pf the philosophers whom lie called around his throne, that penetration with which he discerns, and that royal ■patriotism with which he steadily pursues the real advantage and strength of his state, together with the native generosity of his sentiments, must without doubt have attached him very strongly to a scheme so magnifi- cent and so beneficial. And however difficult the execution might have proved to other princes, it is plain that no material obstacle would have presented itself to that high authority wherewith this monarch is accustomed to regulate and to change the most respected establish- ments of his kingdom. It may be deemed no slight tonfirmation of the preceding speculations that this sagacious prince, although it does not appear that he has ever entered into any theoretical investigation concern- ing the nature and just extent of the right of landed property, has in fact practically adopted some of those maxims which such investigations tend to establish. No object is said to engage his attention more than the protection of peasants from the power of their lords. Amid the rigour of a military discipline by which his armies are rendered superior to any that the world has seen elsewhere, every native Prussian soldier is accustomed to the domestic engagements of a citizen and the industrious economy of a farmer or artizan ; and during peace, one-half or two-thirds of them are dis- missed to the cultivation of the fields, or other in- dustrious occupations, for nine or ten months in the year. Posterity will probably applaud this happy com- bination, and the very simple plan by which it is accomplished, above all those manoeuvres of the ii6 The Right of parade and of the field which his contemporaries are so proud to imitate. As for the landholders, so little is he influenced by partiality to them, or any apprehensions of their discontents, that he actu- ally levies a tax of thirty-three per cent, (and in the case of noble tenures more) on the real, not the supposed, rents of their estates. Is not this treating them (in conformity to that idea of their just rights formerly suggested) as merely trustees or bankers for the public, to the full amount of the original value of the soil ? 75. Still, it must be acknowledged that after setting aside all objections arising from the interest of land- holders, and the prejudices of established opinion, there are not wanting others of a general nature which may be opposed, and not without some appearance of founda- tion, to the establishment of a progressive Agrarian law. That uncertain and fluctuating state into which all possession of land beyond the standard farm will be thrown, may be apprehended to prove extremely un- favourable to any spirited and vigorous cultivation, which is chiefly to be looked for in extensive farms. In the plan of a progressive Agrarian, more than one clause is calculated to moderate this fluctuation ; greater force may be given to these, and new clauses of corre- sponding effect may be added. It might be provided, for example, that none but barren and uncultivated lands should be open to claimants at all times ; culti- vated lands only one year in seven, or any longer period that may be thought requisite for the security of cultivation ; neither indeed ought uncertainty of Property in Land. 117 possession to damp very much the spirit of improve- ment, while the improver is still secure of an ade- quate reward for the pains he may have taken ; and that reward is to be assigned him by the verdict of an assize ; at the worst, in proportion as the spirit of improvement may be damped in extensive farms, it will be encouraged and excited in the smaller, where possession and full property is rendered se- cure ; and in these, improvements being carried on under the immediate continual inspection, and almost by the hands of the improver himself, they will be accomplished with more economy, that is, with more advantage to the public and to individuals than commonly happens in extensive undertakings of this sort. The discouragement of established manufactures and the increase of litigious contention are in like manner objections which must be admitted to a certain extent, yet not to that degree as to be accounted national calamities, or to equiponderate the obvious and great advantages likely to arise from a due regulation of landed property. It cannot be supposed that any great number of men, educated to manufactures and accustomed to the practice of mechanic arts, will be withdrawn from their respective trades, even by the free opportunities of engaging in independent agriculture ; but a competition will take place with respect to the rising progeny of the present race, and if the greater number shall attach themselves to agriculture, it need not be regarded as any detriment to the public, since, the number of citizens remaining the same, they will be employed in a way which they themselves prefer, and probably ii8 The Right of to the advantage of their health and of their manners, * With whatever violence the increase of litigation may break forth in consequence of regulations so new, so important, and not a little complicated, the duration of that evil cannot be very lasting. In a few years doubt- ful cases will be cleared up, and precedents of extensive application will be established, and whilst the attention of judicatories and of clients is engaged in settling these new points, the influence of other causes by which litigation is commonly produced will be in some degree suspended. As for the beneficial effects of such a statute, the candid and intelligent are requested to estimate in their own thoughts what these might prove in the district * Even in Great Britain, although the whole legislative power rests in the hands of the landholders, it is not too sanguine to hope that time and favourable occasions, and general views of public good, which, in this fortunate country, have sometimes triumphed in part over the strongest partial interests, may give rise to some innovations favourable to the independent settlements of the labouring poor. At the conclusion of this or some future war, may not the in- dulgence granted to disbanded soldiers be extended so far as to enable them to make small settlements after the manner of the progressive Agrarian law in the uncultivated lands of their respective parishes or counties. May not the present method of dividing and enclosing commons, which, though favourable to cultivation, is known to curtail very much the inde- pendent rights aud comfortable circumstances ot the lower orders of the poor, be exchanged for some plan more allied in its aim to the provisions of a progressive Agrarian. If the present system of division is still retained, might not the com- mon so enclosed be made liable to options similar to those of a progres- sive Agrarian law, to commence after it has been fully improved, or fifty years after the division ? Might not persons possessing land in right of the Church be enabled, under proper limitations, to grant leases of very considerable duration on farms of a certain small extent ? Might not some plan Property in Land. 1 1 9 with which they are most particularly acquainted, and to consider whether it would not very much improve the condition and the prospects of the day labourer, the hired servant, and the working manufacturer, with- out imposing on the established farmer or the landlord any unjust or even any considerable inconvenience? Whether it would not lessen the number of the indigent and the idle, and so reduce the rate of that tax by which the rich are obliged to maintain them? Whether it would not tend to promote cultivation and the fertility of the soil, to favour the increase of population, and to improve the manners and virtues of the great body of the people ? After having made this estimate, let them consider what might have been the present state of that district had such a progressive Agrarian law or any be devised by which the interest of the Church, of the present in- cumbents, and of the industrious poor, might be consulted at the same time ? If ever England or Ireland should set to the other nations of Europe an example of the highest prudence and advantage by establishing a periodical valuation of tithes, it may be hoped that some provisions allied to those of the progressive Agrarian may be made to enter into that plan, for the sake of increasing the amount of that gross produce whose value is to be periodically ascertained. If ever any plan shall be carried into execution for a sale of Crown lands and forests, it may be hoped that so favourable an occasion of con- sulting the independence of agriculture, by providing for the labouring poor opportunities of permanent settlements in small farms, will not be neglected ; and that even the consideration of a little more increase of the revenue which might arise from pursuing other measures will not be put into comparison with it. Ought not every estate which descends to heirs in tail to become subject ipso facto to some branches of a progressive Agrarian ? Might not the heir of such an estate be enabled to make void the entail over one-third or fourth part of the estate, and to alienate it at pleasure, provided it is broken down into small farms of a single plough each, on leases of 300 years, or made subject to the options of a pro- gressive Agrarian law, before this alienation takes place ? I20 The Right of Property in Land. capital branch of that statute been established there one hundred or even fifty years ago.* * The wisest and most beneficial schemes are in some men's opinions effectually turned into ridicule, when it is shown, or even asserted, that they cannot be carried into execution. The consideration of such plans may, however, put to shame the abuses of those which are established, by showing how widely they differ firom what is beneficial or wise. If the exhibition of such a contrast cannot remove pernicious abuses, it may in some degree restrain the rapidity of their increase. Various objects have engaged the enthusiasm and excited the efforts of mankind in successive ages : schemes of conquest and settlement in one age ; plans of civil and religious liberty in another ; manufactures and commerce have now their turn ; and perhaps in some not very distant age the independence of cultivation, established on a just regula- tion of property in land, may become the favourite pursuit of nations, and the chief object of public spirited endeavours. The present tendency of men's opinions and inquiries, promoted by the actual state of the most enlightened nations, seems to lead towards it. " Sic poscere fata, " Et reor, et si quid veri mens augurat, opto." FINIS. INDEX. INDEX. Absentee Landlords, 104. Africa, see Emigration. Agrarian Laws — Ancient systems of, 56, 100. Advantages of Author's Plan, 100. Benefits to the day labourer, the hired servant, and the working manufacturer, iig. Objections considered, 116. Scheme of a progressive Agrarian : its probable effect if it had been established 100 or 50 years ago, 54, 92, 119. Would alleviate the burden of poor rates, 37. Would benefit every country under the sun, 25, 106. See also Birthright, Equal Share. Agriculture — Is the birthright and natural employment of the community, 10. As a home industry, should be specially encouraged on the failure of foreign commerce, 76. Independent cultivation leads^to highest degree of happiness, 2r, 25. Nations ought to compete for its encouragement, 24, 120. Premiums for its improvement, 59, 82. Progress of, depends on giving the cultivator the value of his improvements, 12. See also Board of Agriculture, Farms, Manufactures. Allotments — Are easily admitted in Prussia, Austria, Germany, and all over Europe, 105. Free sale and fixity of tenure, 97, 105. Personal residence required, subdivision prohibited, 97. Rent and boundaries fixed by an Assize, 94. Rent fixed according to the staple produce of the country, 95. The claims of soldiers, sailors, and orphans considered, 99, 105, 106. The lands which are liable to claims of, 103. 1 24 Index. The nature of the right acquired, 103, 105. The persons to whom the right is given, 103, 104. Transfer of, by succession or sale, 97, 98. See also Agrarian Laws. America, North- Compared to Europe, &c., 31, 93. Could institute a proper Agrarian Law, 107. New settlements of, 40, 47. Should be independent of the pretensions of the parent State as regards Agrarian Law, 108. American Revolution, an occasion for establishing a right of Pro- perty in Land, 67. American War of Independence, its effect on the higher and privileged ranks in Britain, 71. Asia and the Islands of the East, 49. Assize for fixing perpetual rents : how constituted, 95. Athens, in Solon's time, 53. Austria, see Allotments. Bachelors, 100. Birthright of Mankind— The title to an equal share of property in land is a Birthright which every citizen still retains, g. Every State ought in justice to reserve for all its citizens the oppor- tunities of entering upon, or returning to and resuming, their Birthright, g. Its restoration might renovate the strength and prosperity of a nation, 41. Scheme by which it may be claimed, 92, 93. See also Equal Share, National Liberty. Board of Agriculture — For establishing small farms, 79, 80. Functions of, with regard to hospitals, universities, &c., 80. British Land Laws do not exclude the right of the community to claim the land, 15. British Nation, its ancient honour and equitable disposition, and its injustice to India, log. Charitable Endowments — Bequests for the Independence of the Plough recommended, 87. Lands belonging to, may be made into allotments of a single plough each, with complete property to the cultivator for a reserved rent, 81. Should be under the control of the legislature, 80, 81. Index. 125 Church, its duty to the laborious poor, 70. See also Ecclesiastical Orders. Church Dissidents, contending for religious toleration, might also wisely advocate independence of cultivation, 68. Church Lands should be let in small farms, for the mutual benefit of the industrious poor and the Church, 118. Church and Plough, Alliance between, 70. Clergymen should help the labouring classes as the guardians of their independence, in opposition to the opulent, the luxurious, and the idle, who in too many cases domineer over them, 70. Colotiies — Equitable and beneficial land laws might be established in new Colonies, 47. ♦ Private property in land should not be allowed, 48. Standard farms easily introduced, 103. Comeliness and Strength mark the prosperity of a people, 20. Commerce, see Manufactures. Commons not to be appropriated except as allotments, 103, 118. Compensation — Assize to award compensation for improvements, 117. Claim by landlord or tenant, if dispossessed, 15, 53, 92, 95, gg, 102. Conquering Princes might establish equitable land laws, 45, 46, 68. Conquests, 10, 45, 46, 103, 120. Corn Laws impose an unjust tax on the industrious poor for the sole behoof of the rich, 61. Corsica, in regard to the dominion of France, 4g. Courland's relation to the throne of Russia, 48. Courtiers and Grandees enriched by the spoils of ecclesiastical esta- blishments, 64, Crime would be diminished if the opportunity for natural employment were laid open to all, 3g. Cromwell — his mistakes in Ireland, 65. Crown Lands, &c. — Allotments of, 61, 103. Uncultivated lands should be given to the industrious poor, no, 118. Cultivators of the Soil — Became dependents through ignorance of their rights, 18. Have no real perception of the injustice and oppression which they suffer, 8, 40. See also Ignorance. Ought to have the right of purchasing the freehold of their farms, 63. Ought to be protected by the magistrate, 35. 1 26 Index. Despotic Governments of the East not so intolerable as landlord oppression in Europe, 25. Disputed Throne— the occupant of, or expelled candidate, might offer to the people a just system of land laws, 68. Divine Right of Mankind— God gave the earth in common to all men, 9. Ecclesiastical Orders — Crisis regarding their temporal rights ; how to be avoided, 6g. Should advocate the independence of the cultivators of the soil, 69. Should guard against levelling and fanatic prmciple, 6g. Their forfeited estates, 64. Egypt - Standard farm in, 93, Value of land in, 14. Emigration — Benefits of, 39, 40. Duty of legislatures in west of Europe in regard to the lower classes, 40, 47. Fields of, in South Africa, America, Australia, and Siberia, 47. Is part of the plan pursued by nature in peopling the earth, 40. Ought to be free, if not facilitated, while monopoly in land exists at home, 39. England — Bold and manly spirit of its common people, no. Cultivation by slaves in, ceased earlier than on the Continent of Europe, 24. Its domestic peace preserved on account of its poor laws, no. Its laws, how far suitable for India, log. Its uncultivated land, 23. Owes its pre-eminence and power to the comparative independence of its cultivators, 4, 24. Value of land in, 14. English landholders, their generous and humane character, 4, 5. English landholders and farmers are superior to the same class in other countries, 4. English day-labourers and manufacturers should be advanced to the comfortable independence of farmers, 5. Entail, new scheme suggested, 85. Entailed Lands ought to be subject to rules favourable to independent cultivation, 60, 85, 104, ng. Index. 127 Equal Share— The Right to an equal share of the Soil- Is a maxim of natural law, 12. Is antecedent to municipal laws, and not to be abolished by them, 11. Is confounded with the Right of Labour by speculative reasoners, 10. Is derived from the right of general occupancy, 7. Is not precluded by possession of others, 8. Is not tacitly renounced, g. Gives highest degree of happiness, 21. Freedom and prosperity of lower ranks depend on it, 12. Might be introduced by the ordinary liberality of men possessed of ample fortunes, 87. Ought to be reserved for every citizen, g. Ought to be combined with the Right of Labour, 12, 13. Princes might introduce the Equal Property in Land system as con- ducive to the good of mankind, 88. See also Birthright. Equality of Rights, not equality of fortune, should be the basis of Agrarian Law, 100. Levelling and fanatic principle to be guarded against, 6g. Europe — Agrarian Law suggested to Sovereigns in Europe, loo. Its actual state, and the condition of the lower ranks, 25, 26. Its peasants aim at Greek and Roman Agrarian Laws, loi. Land systems of, not founded on wisdom or justice, i. The abuses and pernicious effects of its Land Laws, 25, 26. Western nations of, and their legislatures, 53. See also Property in Land, Allotments. European Land Laws, their imperfection as regards the improvable value of the soil, 27. European System of Land Tenure — the domestic, the feudal, and the commercial, 43. "Farmer's Letters," quoted, 37. Farms — Established standard of, 52, g3, g8, 103. Perpetual tenure of, g3, 105, Small Farms — Are more favourable to the interests of the community, 84. Premiums for their establishment recommended, 83. Can be improved with more economy, 117. Would prompt agricultural labourers to save their wages, 37. Fisheries, in regard to land purchase by Government, 80. 128 Index. Forfeited Estates should be given to the cultivators, subject to Agrarian Law, 64, 104. France — Laws of, favouring the nobility, 59. Two-thirds of soil cultivated by metayers (1780), 24. Humane Prince of, 49. Franklin, Dr., on uncultivated land in England (1777), 23. Frederick the Great — Best qualified of all European Sovereigns to deal with the Land Laws, 114. His magnanimity, talents, and benevolence, 49, 73. His protection of the peasants from the power of their lords, 115. His regulation of giving the soil to his soldiers to cultivate will be applauded by posterity, 115. Not influenced by the landlords ; he taxed them 33 per cent, (and sometimes more) on the real rent, 116. Practically adopted some of the principleslaid down by the Author, 115. Treats the landlords in conformity to their just rights, namely, as trustees or bankers for the public, 116. Free-booter, 35. Free Inquiry, j, 3. Free Trade in Land, 28, 29, 30. French Revolution of 1789, foreseen by the Author, 3, 41, 45. Gavel-kind, Laws of, 52. Germany, the ancient natives of, respected the natural rights of man to the soil, 10. Soil of, largely cultivated by villeins and slaves, 24. See also Allotments. Governments — Attend chiefly to the interests of the higher classes, 40. In all parts of Europe the good of the people, and the protection of the indigent and deserving, are held forth by governments as the pretexts of that authority which they assume, 107. The common people should be protected by the sovereign, who is their representative and guardian, 113. Greatest Good of the Greatest Number, 21, 103. See also Happiness, Public Good, Public Prosperity. Greek Agrarian Law, loi. Happiness — And prosperity of a race of men are indicated by their strength and comeliness, 20. Index. 129 And wealth, increase of, doubtful through other channels than independence of cultivation, 21. Is not always increased by increased wealth, dominion, or popula- tion, 18, ig. Of individuals is in proportion to their virtue, 19. Of mankind, how it might be increased by a monarch, 50. Of mankind invaded and restrained by monopoly in land, 27, 32. The increase of public happiness is the primary duty of every State, 18, 40. The greatest happiness of the greatest number may be secured by freedom and independence of cultivation, 21, 92, 93. The happiest nation is the one having the greatest number of inde- pendent cultivators, 21. Hereditary Revenue of a great landholder is a public tax of the most pernicious nature, 35. Hindostan, Ancient institutions of, in regard to British reforms, 109. Holland, Standard farm in, 93. New Holland, see Emigration. Hospitals, Peculation and abuse of funds, how prevented, 80. Hungary, Greater proportion of soil cultivated by villeins and slaves, 24. Idleness — Discouraged by giving the uncultivated lands to the industrious poor, no, III. Waste and mismanagement inseparable from Poor Rates, 37. Ignorance of the Right of Property in Land, and the want of leaders, have prevented the just claims of the people from being en- forced, 7, 48, 67. Improvable value of the soil being held by landlords, shows the imper- fection of European laws, 27. Independence of the Plough — Commended, 57, 65, 79. Agricultural societies might promote it, gi. Gifts, legacies, and bequests might be given for establishing it, 87. See also Church. Independent Cultivation — Leads to the highest public prosperity, 23, 24, 25. Methods favourable to, 84. Should be supported by bequests, gifts, and voluntary contributions, 86, 87, 90, 91. Is superior to other plans of increasing happiness of the people, ig, 21. Prophetic remarks by the Author, 120. 1 30 Index. India — British acquisitions there, how to be made permanent, log. Bengal — Noble opportunity of British Government in dealing with land question there, 108. Standard farm in, 93. Value of land in, 14. Indigent and Idle, Number of, reduced by Agrarian Law, 119. Industrious Peasants groan in secret under oppression, 41. Industry — How robbed of its due reward by tithes and rents, 28, 34. If relieved from taxation by means of the Single Tax would benefit the State, 17. Necessity considered as a spur to, 71. Rewards of, stolen by Irish landlords from their tenants, 112. The public good requires that every individual should be excited to employ his industry in increasing the public stock, 34. Invention and Machinery, 39. Ireland — Britain should have given Free Trade and Freedom of Agriculture to Ireland, even against the Irish Parliament of last century, 113. Doubtful state of, in September, 1780, 112. Grazings, if cultivated, would yield more rent, in. Had Cromwell established Agrarian Law, its beneficial effect would have shown itself before now, 65. Its distresses arose from abuses of landed property, no. Reform of land system in, 61. Scheme of poor laws, required on grounds of justice, humanity, and tranquillity of the country, no. The Free Trade movement of 1780 not so important as an equitable property in land scheme, 112. To raise rents on tenants' improvements is against natural justice and the best principles of public economy, 112. The ancient natives respected the natural rights of men to the soil, 10. Volunteers of 1780, if they had demanded land reform, might have got it, 112. Value of land in, 14. Irish Cultivator — As well be robbed by a middleman as by a rich and indolent land- lord, III. The injustice and absurdity of the landlord's claim clearly exposed, 112. Index. 131 It is Great Britain's interest to grant freedom of agriculture to Ireland, 113. Islands and lands bordering on the sea deserve preference, in the case of a Land Purchase Scheme, 79, 80. Jesuits, Estates of, 64. Jubilee in regard to land laws, 52. * Judea, Agrarian regulations of, 25. Justice — In regard to the general good of the community, 10, 103, 104. Supreme tribunals of, in regard to charitable foundations, 80. Kings, Divine right of, 10. Labour — Is the basis of all individual right of property in land, 9, 10, 11, 12, 13. It is the gift of nature to each individual, and should have a free and equal market, 36. Labouring Classes are more ready to listen vifith attention to rational and sound doctrines than to the extravagances of enthusiasm or superstition, 69, 70. Land is the principal stock of every nation, 29. Being analysed — consists of three parts : (i) the original, (2) the improved, and (3) the improvable value, 13, 14. It belongs to the community as regards the original and improvable value, the improved alone belongs to the landholder, 15. Its comparative value in England, Bengal, Lower Egypt, and Ireland, 14. Its value ; how ascertained, 95. New systems respecting property in land considered, 2. See also Property, Rent, Waste Land. Land Purchase Schemes, 64, 79, 80. Land Systems of former times are not suitable in a commercial age, hence the most pernicious and flagrant oppressions arise, 8, 44. It is the interest of every State to establish just land laws, 32. Sudden and effectual reformation of, 113. Schemes for partial reformation, 51. The wisest and most beneficial schemes of reform are ridiculed by callous observers of existing abuses, 120. Old systems of landed property are, like systems of corrupted religion, regarded with superstitious reverence, 57. Landholders— The situation of a landholder is more allied to that of a prince than a merchant, 8. 132 Index. Should not be blamed for retaining rights which have never been controverted, 8, 18. The commercial landholder is of all citizens the most pernicious, 8. Their claims must yield to the claims of the community, 15. Their duties, in return for their affluence, are negligently performed to the State, 34. Their duty as legislators in regard to the claims of the labouring poor, 118. Their interest — how substituted for that of the nation and com- munity, 22, 33. Their large incomes are pensions and salaries of sinecure offices, 33. Their love of dominion, in. Their management diminishes the spirit and independence of the common people, 58. Their oppression is the bane of Europe, 25. Their possessions not to be disturbed except for greatest good of all — justice and equity considered — g8, gg. Their prejudices and interests, 33, g3. Their revenue, being wholly independent of their industry, is a premium given to idleness, 35. Their revenue increases in proportion to the industry of those who cultivate the soil, 35. Their rights not inquired into by former advocates of Agrarian law, 100. Their right to the soil must be founded chiefly in labour, 11. Their situation — being born with such rights — prompts bad conduct, and prejudices them in regard to the injustice suffered by the farmers and cultivators, 8. They are supported by a tax or impost {yent) collected from the labour of other people, 33, 40. They should be obliged to indemnify the public for their invasion of the public good, 58. Leases — Essential articles of, 62. Should be favourable to the beneficial interest of the community, 28, 61, 63. Legislature or Magistrate is the public trustee, and can claim the land at pleasure, 11, 15. Levelling Scheme of Greek and Roman Agrarian laws aimed at by peasants in Europe, loi. See also Equality of Rights. Index. 133 Locke — On right of property in land, g. His followers and antagonists, 10. Lower Ranks rendered mean-spirited and servile by landlord oppres- sion, 27. Should support whichever party is favourable to re-establish their natural rights to the land, 67. Manhood Suffrage gives power to enact Agrarian Law at any time, 108. Manufactures and Commerce — Encouragements to, profit the rich, 22. Their encouragement in Europe, 24, 120. Their progress stimulated by the progress of agriculture, 22. When depressed, the soil should be laid open to the people for employment, 72. Marriages of the lower ranks, 31, 59, 102. Middlemen, in, 112. Milan, in regard to the dominion of Austria, 49. Military Glory, national honour, &c., 71. Militia, necessary for home defence, 73. Prussian Plan considered — peasant-proprietor and soldier combined, 73. 74- Minorca, in regard to dominion of Britain, 49. Monarchs — How to secure immortal renown, 46. How they fail to protect the most useful order of men, 18. The sovereign is the representative and guardian of the common people, 114. Absolute monarchs and princes of heroic minds might easily establish just land laws, 49, 51, 113- See also Conquering Princes, Disputed Throne. Monasteries, Estates of, 64. Monopoly in Land — Affects the prime material of the most essential industry, 30. Checks the progress of agriculture, 32. Checks increase of population, 31, 33. Controls the making of laws, 30. Diminishes the wages of the poor, favours the rich, and fosters their luxury, vanity, and arrogance, 32, 33. Diminishes happiness, 32. Europe, enlightened Europe, will not be able to endure it much longer, 41. 1 34 Index. Has rendered the poor laws of England necessary, 36. Is a lingering piecemeal famine, under which the individual languishes, and the race becomes dwarfish, debilitated, and deformed, 30. Is exercised in a commercial age with artful and oppressive strict- ness, 22, 23. Is far more pernicious than the monopoly of manufactured com- modities, 30. Is inconsistent with feudal law, and cannot take place in any country till the age of military services be past, 30. Is most unfair to the cultivator of the soil, 29. Is the cause of the poverty and destitution of the lower classes, 36. Is the cause of barren wastes in old countries, 31. Is the chief obstacle to rapid improvement in agriculture, 23. Renders machinery for facilitating labour unpopular, 39. Is the chief cause of unnatural severity in penal laws, 39. Its abolition would excite higher vigour and prosperity among the nations, 24. An unlimited property in land should not be possessed by any citizen, 24. Mosaical Law — respecting property in land — Is in favour of the rights of the community to the soil, 25. Neglect of the common people to claim the advantages of Mosaical Agrarian Law, 25. Sovereigns, judges, and clergymen have made continual reference to the Mosaical law to justify their claims, 25. Municipal Laws — Are the foundation of tithe rights, as well as landlord rights, 34. Injustice of, is more permanent and more extensive than the act of a despot, 34. Should not be considered sacred or indefeasible, 11. Their pernicious effect in Europe in regard to the exorbitant Right of Property in Land, 26. National Debt — Is not due by landless citizens ; landlords alone are responsible for it. 75- A general distribution of the land among the people is necessary for its security, 74, 75, 76, 77, 78. See also Taxation. National Liberty and Independence may be secured by giving every individual a share in the property of the soil, and training him to the use of arms for its defence, 72, 74. Index. 135 National Vigour and Prosperity, how to be renovated, 71. See also Birthright, Equal Share, Happiness. Natural Law Maxim, that all improvements of the soil should belong to the improver, 12. Necker, M., his Compte rendu au Roi, 114. Occupancy, Natural right of, 7, 11. Oppression is chiefly caused by — The submission and ignorance of dependents, the neglect of the sovereign power, and landlord monopoly, 18, 27. It is the oppression of the landlords and their agents which has ever been the bane of Europe, 25. See also Lower Ranks, Monopoly in Land. Opulence, Increase of, contrasted with increase of happiness. 18, 20. Orissa, Relation of, to Britain, log. Orphans, gg, 105, 106. Peasants — Should be protected from outrageous oppressions, violent removals, and the pretensions of the commercial landholder, 6z. Those having a numerous family privileged, 105. Pensions and Sinecure Places bestowed by the sovereign are not so intolerable as the rents imposed by landlords, 33. Plough, see Independence. Poland, Great proportion of, cultivated by villeins and slaves, 24. Political Reasonings indicate the nation's original right to the land, 33. Poor Laws — How the poor are deprived of their just reward and necessary subsistence, 33. The laborious poor are more in need of guardianship than the mendicant poor, 70.' Schemes for employing the poor profit the rich, 22. Settlement disputes avoidable by having county and national funds, no. State waste lands should be given to the industrious poor, no. The Poor Law of England acknowledges the right of every individual to the territory of the State, 36. The diminished number of small farms in England is the cause of the increased Poor Rates, 38. The Poor Rates may be reduced by reducing the number of the indigent and the idle, iig. Population- Is rapidly increasing in America under freedom of cultivation, 31. 1 36 hidex. Is checked in Europe on account of monopoly in land, 31. Increase of, may not lead to increase of public happiness, 18. The waste of great cities, pT armies, navies, &c., how supplied, ig. Privileges of every Rank become insecure unless the numbers, the industry, and the manly temper of the body of the people can be kept up, 71. Property — Ought to be the reward of industry, 34. Principles of, as regards (i) movables, (2) land, 1. Property in I-and — A just regulation of property in land is of all arrangements the most essential for diffusing prosperity and independence, 53. The people ought, above all things, to insist on a just regulation of property in land, 29, 66. An unlimited property in land ought not to be possessed by any citizen, 24. See also Monopoly in Land, Municipal Laws. Prussia, see Frederick the Great, Allotments. Public Calamities or dangers should warn the rulers of a state to reform the land laws, 70, 72. Public Good, The— Requires that every individual should be excited to employ his industry in increasing the public stock, or to exert his talents in the public service, with the certainty of a due reward, 34. Requires that the natural right to a share of the soil and the right of labour should both be respected, 12. Public Prosperity, Essential foundations of, 12, 71. Public Right to the Land may be claimeti at pleasure by the legis- lature, 15. Public Utility- Is the basis of the right of property in land, 18. Should rule the fixing of rent, '28. Reform of the Land Laws — Is inevitable, 45, 120. May be easily established in subordinate states, 48. Reign of Law and Order gives rise to monopoly of land, 30. Rent of Land — Is a pernicious tax on industry, 28. Ought to be fixed according to the real annual produce of the soil, 63. 137 Ought to be rej^dj^^^proportion to tie tenjft's family, loo. Should |be fixedN^^din^tTlflE1**nl&«^|^ulations, 28, 29, 33, St- 106. ^^.^^IWAGiEWJ Revolutions give occasion foT" re-establishing the natural rights to independence of cultivation, &c., 64, 65, 66, 67. Rome, with regard to Agrarian law, 53, 66, 93, loi, Russia, Soil of, largely cultivated by villeins and slaves, 24. Sailors' claims considered, gg, 105, 106. Security of Tenure leads to better cultivation of the soil, 23, 24. Servility, cunning, fraud, and hypocrisy, &c., bred in lower ranks by landholder oppression, 27. Share of the Soil in full property to every citizen should be made law, 53. Siberia, 47. Slaves, villeins, and metayers as cultivators of the soil in Europe, 24. Soldiers, The claims of, considered, gg, 105, 106, ir8. Solon's Laws promoted by the independence of his fellow-citizens, 53. Spain neglected the interests of the cultivators, 65. Speculative Reasoners have confounded the original right of equal property in land with that which is founded in labour, 10. Speculative views of reform should be rendered familiar to the under- standings of men, 67. Spenser — the land customs among the native Irish in his time, 10. Standing^ Army not alone sufficient for national defence ; Prussian plan commended, 72, 73. Taxation — A direct tax by the State would be less exorbitant than that imposed on the cultivators by the landholders, 33. A tax on all augmentations of rents would be most equitable and most expedient, 58, 5g. A tax on barren lands, so as to force the proprietor to improve them, or resign them to the community, could not be deemed unjust, 58. Landholders as legislators — their preposterous system of having no land-tax at all ! 16. Single Tax — No scheme of taxation can be so equitable as a land-tax by which alone the expenses of the State ought to be supported, 16. The original value of the soil is a fund belonging to the public, and may be justly applied to the public use until the whole be exhausted, 16. 10 13^ Index. This fund should be treated as merely deposited in the hands of great proprietors for the public good, i6. The persons who have suffered their shares of the soil to be deposited in the hands of the landholders may be allowed to complain, if, before that fund is entirely applied to the public use, they are subjected to taxes imposed on any other kind of property, or any articles of consumption, i6. The mortgage-holder should pay a proportional share of the land- tax along with the landholder, 17. The gross amount of property in land is the fittest subject of taxation ; and could it be made to support the whole expense of the public, great advantages would arise to all orders of men, 16, 17. The proprietors of stock in trade, in manufacture and arts, would escape taxation very justly and very profitably to the State, 17. It accords with the best interests of the community that industry should be exempted, if possible, from every public burden, 17. A land-tax scheme cannot be avoided, and should not be delayed, 17. Small tenements which do not exceed the proprietor's natural share of the soil should be exempted, 16. Templars, The estates of, 64. Tiberius Gracchus, 66. Tithes- Considered as the reward of duties to be performed to the public, 34. The foundation of tithes and rents is precisely the same, viz., the improvident regulations of municipal law, 34. England and Ireland should set example to Europe in establishing periodical valuation of tithes, 118. Traditionary Doctrines in regard to land, 3. Trial by Jury considered suitable for India, log. Universities, Lands belonging to, 80. Virtue and happiness may be brought about by a just and enlightened policy respecting property in land, ig, 35, 41, iig. Wages of servants and day labourers, &c. — injustice and oppression of restrictions thereon, 32, 33, 36. How diminished, see Monopoly in Land. Waste Land — Belongs strictly and essentially to the public, 58. Its monopoly by landholders, 31, 61, 76. May be made a garden by superior cultivation, 23. Should be given to the industrious poor, no. Index. 139 Wealth— Of community depends on justice to the cuhivators, 12. Real wealth of the public is promoted by the industry of the inde- pendent cultivator. 19. Zeal for the universal good might prompt the legislature to establish a just regulation of property in land, 53. BIOGRAPHICAL NOTES. WITH SIDE ISSUES, BY THE EDITOR. " See yonder poor, o'erlabour'd wight, So abject, mean, and vile, Who begs a brother ot the earth To give him leave to toil ; And see his \ori\y fellow-worm The poor petition spurn, Unmindful tho' a weeping wife And helpless offspring mourn." Robert Burns (says his brother Gilbert) " used to remark that he could not well conceive a more morti- fying picture of human life than a man seeking work ". The life problem of the present day was clearly seen by Burns more than a hundred years ago, and he then pointed out that monopoly in land was the main source of human misery. He looked up to heaven and called as his witness — "The Sun that overhangs yon moors, Out-spreading far and wide, Where hundreds labour to support A haughty lordling's pride ". This miniature sketch was drawn from real life in his own country. Then, casting his eye beyond Scotland, 11 142 Biographical Notes. and seeing landlordism rampant everywhere, he ex- claimed — " But, oh ! what crowds in ev'ry land. All wretched and forlorn ' '. William Ogilvie, who was a compatriot of Burns, was born in the year 1736, and was thus twenty -three years older than Burns. The scenes from which Burns took his pictures must have been familiar to Ogilvie. Both were lovers of mankind, and there was a very strong mental affinity between them. Ogilvie was known as " the gentleinan an' scholar" but never (except within a very limited circle") as a Land Law Reformer. This is a regretful circumstance. It is equally regretful that Burns is more known as ''a rhyming, ranting, roving billie " than as a pioneer and great thinker, in regard to reforms for the benefit of mankind. If we study his epic of the " Twa Dogs,'' and his other writings in prose and verse relating to the Land Question and Man's Natural Rights, not only in the light of his own time, but also in the fierce light of the present day, we shall not be surprised at anything we find in Ogilvie's book. Even the seemingly modern-looking SINGLE Tax pro- position, so clearly laid down by Ogilvie, will not astonish us. A look at the " Twa Dogs " shows us how Ccesar was able to take a more advanced view of the situation than Luath. No doubt if William Ogilvie had been a poet instead of a philosopher, he would have expressed the thoughts he has given us in sections i, 2, 28, and 29 of his book somewhat after the manner of the lines above-quoted. Ogilvie and Burns saw eye to eye ; but while Burns roused up his fellow-men from the gutter of serfdom, Ogilvie reasoned with them as to the causes which Biographical Notes. 143 brought them to such a low condition, and also as to the means of reclaiming their natural rights. Ogilvie con- sidered the whole question from a magnanimous, impartial, and truly scientific point of view. He pleaded for "free inquiry " ; he sought after truth ; he was not one of those rough-and-ready reformers who would simply say, "Abolish landlordism and all evils will vanish". No. He looked upon modern landlordism not as a cause but as an effect. The primary and fundamental cause of all the evils under which humanity suffers is traced by him to man's want of knowledge ; and landlordism, with all its consequent evils, under which humanity groans, according to him, is directly owing to man's ignorance of his natural rights. It is this ignorance which begets slavish submission and breeds oppression. Ogilvie considered the situation logically. In his view IGNOR- ANT HUMANITY MUST NEGLECT ITS RIGHTS, AND WITHOUT ITS RIGHTS CANNOT PERFORM ITS DUTIES. Rights and duties are co-relative. Ogilvie recognised this very old maxim of Natural Law. He saw the dis- honest and absurd position which the landlords take up in every country. They first rob their fellow-men of their natural rights, and then they add insult to injury by accusing them of neglecting their duties. They call them poor and lazy, while at the same time they, as a rule, do no productive work themselves, and their whole wealth consists of property created by the labour of others. And these "freebooters," as Ogilvie calls them, are styled noblemen and gentlemen, and have arrogated to themselves the position of rulers and legis- lators in almost every country under heaven. The people's ignorance of their natural rights is not only the primary, but it is also the sustaining, cause of 144 Biographical Notes. landlordism, " Keep the people ignorant," says the tyrant to the priest, "and I'll keep them poor." In a note to section i of Ogilvie's book, reference is made to the ignorance of mankind thus : " In no article are they more ignorant than in respect to property in land, the established rules of which are in every country accounted permanent and immutable ". The divine right of kings was until yesterday accepted as an article of faith, and we in Britain are still foolish enough to re- cognise grants of land signed by authority of such "divine" mandates! We do not now recognise the right of living monarchs to do such things, and yet we confirm, acknowledge, and practically homologate the musty parchments of King Tom, King Dick, and King Harry. " These be thy Gods, O Israel ! " Their charters to the landlords, and the sub-charters by these landlords to others, including conveyances for borrowed money, are the only Sacred Writs recognised in our Courts of Lazv. Mark the word " Law''. Justice has to take a back seat whenever one of these Sacred Writs is produced. " All titles to land are fetishes. In this country they are the fetishes of discarded and dead divinities. But such is the power of ignorance and superstition when estab- lished and maintained by Law AND Order that these fetishes are held much more sacred now than in the so- called dark ages. Our Judges are specially paid, and sworn in, not to question these Sacred Writs. Our National Clergy are also specially paid, and sivorn in, to instruct us about the sacredness of these Writs. There is no water in the sea, and there is no bribery and corruption in the British Isles ! No ! We thank Heaven that we are Biographical Notes. 14S not governed like other countries, where, as in America, bribery and corruption are sometimes investigated, and even exposed and punished. Our " permanent official " keeps all these things square ! We British are a " Christian Nation " ! If " agitators " would only keep away, the people would be contented and happy with their hope of glory in heaven. Why should they care about this earth — " this wicked world " ? Why should they rebel against Law and Order ? If they do not suffer oppression, misery, injustice, and poverty in this world, where do they expect to go when they die ? Somehow the rich do not act in accordance with a belief in our Creeds and Catechisms, but they neverthe- less support by endowments and otherwise the establish- ment and spread of that ?<«earthly Gospel for the poor ! Ogilvie, by the way, makes a mild suggestion about an endowment for " the independence of the plough " — an endowment leading to " virtue and happiness in this world" . He believed a little in that sort of thing. Knowledge is no longer a civil crime. We can, for example, glance at the style of Fetish by which the land " in Scotland was seised, 3.nd "by virtue of " which it is now held by the landlords. It is called an " Instrument of Sasine " or " Seizin," from the verb " seize". It begins with the words: "In THE NAME OF GoD, Amen!" and then narrates the sacred ceremony by which the landlords required " to complete their title " ! The sole purpose of this ceremony was to declare and promulgate the doctrine of the " divine right of landlords " : a doctrine which was superinduced upon Feudalism by the aid of Priestcraft sometime during what we call the dark ages. And it is more than probable that it was during these dark ages that the same pernicious doctrine 146 Biographical Notes. was ingrafted upon the faiths of Christian Europe. It was this that barred the doors and windows of men's minds against the smallest possible ray of knowledge "in respect to property in land," and hence the ignor- ance and superstition of " the bulk of mankind in every country," as Ogilvie truly states in his book (Note, p. 7). The doctrine of the " divine right of landlords," when fully established as an article of Faith in the minds of a people, notwithstanding its ridiculous monstrosity, its opposition to natural justice, and its poisonous effect on the natural feeling of patriotism and love of one's home, is as difficult to dislodge as any other article of Faith. But let this doctrine stand alone, without the aid of Priestcraft, and it will no longer be "accounted permanent and immutable, as being fixed by the destination of nature". We get a very bright glimpse of Ogilvie's character further on (section 38), where he deals with the "divine rights,'' by which Landlords and the Clergy levy rent and tithes. He puts these " divine rights " in one basket, and thus disposes of them : " The foundation of both rights, notwithstanding prejudices on either side, is precisely the same, viz., the improvident regulations of municipal law ". Not only was he before his own time, but his views are about a century in advance of even the present day. But we can see this only after a careful study of his book, and by reading between the deep furrows which he has turned up for us. He knew from history that it is not by the sword that doctrines and beliefs are instilled into the minds of men. William the Conqueror introduced what is called Feudalism into England, by the Pope's authority, "IN THE NAME OF God, Amen!" His successor, Henry H., introduced it Biographical Notes. 147 into Ireland, by the Pope's authority, " IN THE NAME OF God, Amen ! " It was somehow smuggled into Scotland, whether by the Pope's express authority is not known, but that it was done " IN THE NAME OF GOD," and that the Priest said " Amen ! " there cannot be a doubt ; and on that blasphemous and fraudulent basis it now stands in Democratic, Presbyterian, and Protestant Scotland. It took many centuries to develop itself in the little country of the Scots. Strange to say, the overthrow of the Church of Rome, and the establishment of Protes- tantism at the Reformation, largely contributed to the establishing of the doctrine of the divine right of land- lords in the Scottish mind.* The Landlords then made themselves the Patrons of the Religion of the people, and they not only '' grabbed " all Church lands, but they also "grabbed" all the tithes, allowing only a pittance * Note also that another Reformation — the Revolution of 1688 — was utilised in the same way by the Divine Party. The " False Argyll " reported that the people of Glencoe refused to discontinue the ancient Scottish tenure, and this was the excuse which led to the massacre in 1692. These little bits of history are carefully slipped over by the majority of our so-called historians, like all other facts relating to the people's right to the land. But the most extraordinary thing connected with Scotland and the divine right of landlords is to be met with in connection with the last Reformation — the " Disruption " of 1843, when the Free Church was instituted. A very large section of the Scottish people, and all the Highlanders, then revolted in regard to the landlord's divine right of property in Church Patronage. The " Auld Kirk " was deserted. But the clergy of the New (Free) Church have done more in the Highlands of Scotland towards getting the doctrine of the divine right of landlords to the land, into the minds of the people, than had been done by all other forms of Priestcraft, from William the Conqueror's time to 1843. This strange fact, and its sad consequences, will be referred to further on. If these "dissidents" had taken up Ogilvie's cue of favouring a just and independent land reform in 1843, the Free Church and Scotland would be in a better position to-day. 148 Biographical Notes. to the clergy. The great bulk of the tithes are even now pocketed by the Scottish landholders. These tithes, Ogilvie tells us, belong to the public, and he hints that the clergy have a right to be paid for " duties performed to the public," whereas, on the other hand, considering rents as the "salaries of sinecure offices" he sees no reason in the world for continuing the payment of them. He thus preached "THE NO-RENT POLICY" from the in- vulnerable standpoint of historical truth, and wholly in accordance with the principles of justice. We should not forget that all grants of land were originally given in trust for the people, and that the rents were originally levied for public purposes. The landlords were all public officers, but as they by degrees became sole legislators they legalised the embezzlement of all revenue from land. Then they taxed the landless people. They schemed many taxes. But the SINGLE Tax restored would put an end to all these ! It is the right, the duty, and the interest of every citizen to demand the just otcupation and taxation of the land, and to insist that the dishonest and criminal administration of private unlimited ownership of land should no longer be tolerated. The ignorance which deludes the people — the whole people — from making this claim was seen by Ogilvie, and he honestly and resolutely set himself to remove it. He saw with disgust that "the farmers and cultivators have no clear perception of the injustice and oppression which they suffer ". Even those who thus come in direct contact with landlordism (not to speak of the outcasts in great cities), he says, " do not understand, or dare not consider steadily, from what cause their grievances take their rise ". Biographical Notes. 149 The declared object of his book, as stated in the title, is to show how " property in land might be rendered more beneficial to the lower ranks of man- kind ". A somewhat dark, unwritten page in British history relates the disgraceful fact that both author and book were boycotted, and that up to this time (1889 !) the lower ranks of mankind in England, Scotland, Wales, Ireland, and the British Colonies never heard that such a man lived, far less that he left them such a legacy. " The worthy and humane English landholders," whom he appointed* as his literary trustees, evidently neglected their duties to the intended beneficiaries. We may guess that the French Revolution gave these worthies a scare, and that the author was regarded in those days as rather a dangerous man. It would be said that he was dangerous to the community, dangerous to society, and dangerous of course to the nation — that is, the landholders. He himself anticipated all that : see section 37 of his book as to what constitutes " any nation '' ! But I must leave the reader to find out for himself to what extent the work is based upon truth and justice, and how much the author was prompted by love for mankind as the ruling spirit or chief feature of his character. The facts known about Ogilvie's life are exceedingly scanty, and would of themselves be of little importance ; but when considered along with the conception we form of the man as displayed on every page of his book, the smallest scrap of authentic information will in these days be of some interest, not only to " men of enlarged and in- quisitive minds," but also to readers in general. It is in the book, however, and in the book alone, that we meet face to face with the author. Ogilvie instilled his soul into * Introduction, page 5. 150 Biographical Notes. it, and he left us evidence that it was the chief aim of his life. We, therefore, should as soon think of separating the man Isaiah from the Book of Isaiah, as we should of separating the man Ogilvie from the book of Ogilvie. By way of cautioning the reader not to look for a sketch of Ogilvie, necessarily made up of disjointed fragments, it may be stated that the order in which these fragments happened to unearth themselves will be followed as far as possible.* The Scotch newspapers and periodicals, published at the time of his death, tell us the bare fact that he died. The reasons for such neglect are obvious. In the first place, Scotland is not peculiar in her dealings with native prophets ; and, secondly, Ogilvie was too advanced in his notions of reform to be considered worthy of any notice in those days. England behaved better. The Times oi 22,rd February, 18 19, in recording the fact of Ogilvie's death, records also this : — " Mr. Ogilvie was one of the most accomplished scholars of the age. His talents were of the first order. His taste was of the most refined and correct nature, and the whole of his very prolonged life was passed in the ardent pursuit of knowledge. He died universally ad- mired for his valuable acquirements, and esteemed by all who knew him in private life for the benevolence of his heart and the faithful discharge of every social duty." He is buried in the south transept of the Cathedral in Old Aberdeen. A small tablet in the wall describes him as " William Ogilvie, Esquire of Pittensear, in the County of Moray, and Professor of Humanity in the University and King's College, Aberdeen, who died on the 14th February, 1819, aged 83 years ". This tablet * A rough cairn is all that can be attempted. Biographical Notes. 151 is enough to make us think that we are unearthing the wrong man. Here we have a landlord who is also a University Professor. We know what landlords in general are, and we also know what no less an authority than Adam Smith said about Universities — that they were "the sanctuaries in which exploded systems and obsolete prejudices found shelter and protection after they had been hunted out of every other corner of the world ". When, however, we fin'd Ogilvie hurling this very quotation at his fellow-professors in connection with a University reform he advocated in 1786, and when we also discover that his views and proposals regarding such reform were fully as advanced as his schemes for dealing with property in land, the doubts suggested by the tablet become less formidable. There was no expectation of meeting with any direct evidence of the authorship of " The Right of Property in Land," but luckily the discharged account for printing the work was recently discovered along with some of Ogilvie's private papers. The same bundle of papers also contained the following letter from his friend, Thomas Reid, the author oi An Inquiry into the Human Mind :— " Glasgow College, •■ April 7, 1789. " Dear Sir, " The bearer, Mr. George Gordon, a preacher, wished very much to be introduced to you. As he has been long of my acquaintance, and a young man whom I esteem, I could not refuse him that favour. He is much pleased with An Essay on Landed Property, and cannot see a reason (neither can I) why it should go about like a foundling without its father's name. Men 152 Biographical Notes. seem by degrees to improve in the notion of liberty, and I hope likewise will in that of property. But though this earthly globe should be monopolised by a few to the exclusion of others, I hope the intellectual Globe will always be common, and that those who possess the largest share will be still ready to impart to such as are willing to improve it. The bearer professes to belong to this last category, and hopes to increase his stock by a visit to Aberdeen. " I am, with much esteem and affection, " Dear Sir, " Your very humble Servant, " THO. REID." Thomas Reid, it may be mentioned, was a Professor of Philosophy in King's College, Aberdeen, previous to his being chosen, in 1764, as the successor of Adam Smith in Glasgow University. He met Ogilvie in King's College first when Ogilvie was a student there, and subsequently (from 1761 to 1764) as a fellow- professor. Let us look for a moment at Reid's letter in the light of its own time. The French Revolution burst forth within two weeks of its date. The fall of the Bastille followed quickly on 14th July. The "father" of the "foundling" was, no doubt, considered a very dangerous man ! He advocated " free inquiry " 1 He stirred up, and even predicted this Revolution. He pointed out (p. 40) that the wrongs and sufferings of the cultivators of the soil had reached a pitch never dreamed of in the philosophy of those times. " But," says he (p. 41), " if the intelligent, and the friends of mankind, will take some pains to inquire into the nature and extent of that Biographical Notes. 153 oppression under which the industrious peasants groan in secret, and the force of that exorbitant monopoly from whence their grievances proceed ; and if such men will employ the talents which nature hath given them, in explaining these grievances, and the rigour of that monopoly, to the whole world, Europe, enlightened Europe, will not be able to endure it much longer ; and the subversion — nay, even the abatement — of this monopoly, with the abuses flowing from it, may well deserve to be accounted the best and most valuable fruit of all her refinements and speculations." Ogilvie finished his Essay in 1781, eight years before the French Revolution broke out. He was " well aware that great changes suddenly accomplished are always pregnant with danger," and he said so (p. 3), as a warning to the " friends of mankind ". He studied the question in his own careful way beforehand, and, as we have seen, foretold what would happen. But the oppres- sors and their tools turned a deaf ear to all warnings. Every page of his book is full of humane wisdom, and while he manifests great sympathy for the oppressed, his feelings regarding the oppressors are mingled with a kind of sympathetic pity, rather than pure indignation. His very strong sense of justice was balanced and kept within reasonable bounds by his knowledge of the world's his- tory and his study of the Laws of Nature, and especially his study of human nature. The temptation to digress and quote is strong, but must be resisted, and the reader is left to make his own digressions in company with the author, and view such collateral facts as the French Revolution, the reforms of Frederick the Great, the conduct of Europe — not "Enlightened Europe" — towards French Independence, 154 Biographical Notes. and especially the conduct of England in regard to that crusade ; the condition of British India, the condition of Ireland, the lessons of the American War of Independence, and many other matters of history pro- phetically suggested between the lines. The present state of " Enlightened Europe," with its growing evil of military despotism, its heaps of wealth in the hands of a limited number of individuals or syndicates, the terrible increase of public debts, the growing struggle for existence, the appearance of old- world evils in new countries, all mainly due to the general neglect of the natural rights of mankind in this matter of property in land, must suggest to the dullest reader that we are still far from realising what the author looked forward to in the last paragraph of his book, and what his compatriot Burns prayed for, and prophesied thus : — " Then let us pray that come it may, as come it will for a' that, That man to man the warld o'er, Shall brothers be for a' that ". It is impossible to say that such a lover of mankind as William Ogilvie kept himself willingly behind the scenes during his whole life. It is perhaps more correct to say that he did not ; and that it is only now that the curtain of error and prejudice is being raised. When we know that even Burns's bright star was almost totally obscured in those dark days, what chance could the like of Ogilvie have had? Burns died of hard work and starvation. He carried about with him a broken heart and a shattered frame from the time he was a mere boy, when he was compelled to overwork himself at the plough, at the scythe, and at the flail, trying to assist his Biographical Notes. 155 struggling parents to pay an impossible rent. He saw his father murdered — sacrificed on the altar of landlordism, in "Christian," "Bible-loving," "pious," but, then, laird- worshipping Scotland. Burns never recovered from the effects of this landlord oppression to which he was subjected in his youth, and especially the shock of his father's death. Scenes like the following picture of wretched Scotland in those days may have prompted Ogilvie to write his book. It is the "gentleman an' scholar " speaking in the " Twa Dogs " : — " L — d, man, our gentry care as little For dclvcrs, ditchers, an' sic cattle ; They gang as saucy by poor folk As I wad by a stinkin' brock. I've notic'd, on our Laird's court-day , An' mony a time my heart's been wae, Poor tenant bodies, scant o' cash, How they maun thole afactor^s snash ; He'll stamp an' threaten, curse an' swear, He'll apprehend them, poind their gear ; While they maun Stan', wi' aspect humble. An' hear it a', an' fear an' tremble ! " It was in 1775, when Burns was sixteen years of age, that his soul was impressed by this painful ex- perience. In his autobiography he says : " My father's generous master * died ; the farm proved a ruinous bar- gain ; and, to clench the misfortune, we fell into the hands of a factor who sat for the picture I have drawn of one in my tale of ' The Twa Dogs '. There was a freedom from his lease in two years ; we retrenched our * This is the language of serfdom. In the Court of Session {ultra vires). Act of Sederunt of 1756, anent Evictions, the terms used are ■ "masters and tenants". Thus qualified, the word "tenants" legally meant serfs. The bond was called " a lease '■ Mark the words " free- dom from his lease ". The " tenant-at-will " was a mere slave. IS6 Biograpliical Notes. expenses and lived very poorly. A novel writer might perhaps have viewed these scenes with satisfaction ; but so did not I. My indignation yet boils at the recollec- tion of the scoundrel factor's insolent, threatening letters, which used to set us all in tears." These words were penned in August, 1787, and the scene of 1775 was still burning in the soul of the poet. In the interval Adam Smith published his great work, The Wealth of Nations, in 1776, and Ogilvie's book followed. But we should also notice that another Scotsman was before them, namely, Thomas Spence, who, on '8th November, 1775, delivered a lecture before the Philosophical Society of Newcastle, in which he declared, in the strongest terms, that all men " have as equal and just a property in land as they have in liberty, air, or the light and heat of the sun " ; and for the printing of that lecture, the Newcastle philosophers, he tells us, " did him the honour to expel him " from their Society. Burns and Spence belonged to what the world calls the lozver orders, whereas William Ogilvie of Pittensear was a born and bred patrician, and was lineally de- scended from Gillecrist, who was the last Maor Mor of Angus, one of the seven provinces of Celtic Scotland. This Gillecrist, having in the reign of Malcolm Canmore dropped the Celtic official designation of Maor Mor for the feudal title of Earl, thus became the ist Earl of Angus. His son Gilbride succeeded him as 2nd Earl. Gilbert, the third son of this 2nd Earl, became the progenitor of the Ogilvie family. On account of having distinguished himself at the Battle of the Standard in 11 38, he obtained from King William a grant of the lands of Ogilvie and others in Angus, and thence assumed the surname of Ogilvie. From this Biographical Notes. 157 Gilbert Ogilvie no less than three Scotch earldoms have sprung — namely, Airlie, Findlater, and Seafield. The Ogilvies of Pittensear belonged to the Findlater branch, which branch originally held the two earldoms of Findlater and Seafield. The Seafield peerage, on the failure of males, passed, through a female, to the Grant family in 181 1 ; but the Findlater peerage, being limited to males, then became dormant. The kinship between William Ogilvie and the Earls of Findlater and Seafield was more real and substantial than a mere matter of pedigree. It was through the Earl of Findlater and Sea- field, he himself tells us, that he was appointed Professor at King's College, Aberdeen. In writing to a friend at the time (1761) he says : " I must not forget to tell you that I owe it entirely to Lord Deskfoord, who is certainly of all patrons the most unwearied and generous ".* Lord Deskfoord was then Chancellor of the University and King's College. He became the 6th Earl of Findlater and 3rd Earl of Seafield on the death of his father in July, 1764. Some letters between him and the University authorities,f before and after this date, contain several interesting biographical glimpses of Ogilvie, and they also show the extremely careful diplomacy which had to be exercised in those days in regard to the introduction of any neiv light into universities. Ogilvie, like his more distinguished compatriot. Burns, was by birth and lineage an anti-Whig, and, as a man, he must have despised the wirepulling Scotch Whigs of his time as " but a pack 0' traitor louns " ! He was the only son of James Ogilvie of Pittensear, Morayshire, and of Marjory Steuart of Tannachy, in the neighbouring * Appendix, II. t Appendix, I., III., &c. 12 158 Biographical Notes. county of Banff. There is no authentic account of his boyhood, but it may be assumed that he was brought up in the little mansion-house of Pittensear, and that he attended the Grammar School at the county town of Elgin until he left home for College. Pittensear House is within three miles of Elgin. At the age of nineteen he entered King's College, Aberdeen, as third bursar of his year, 1755-56. He graduated in 1759, and was then appointed Master of the Grammar School at Cullen. He remained in Cullen only for a year. We find him attending the Glasgow University during the winter session of 1760-61, and the Edinburgh University during the winter session of 1761-62. In Glasgow, he studied under Dr. Joseph Black, at the very time that eminent chemist was ex- pounding his great discoveries regarding " Latent Heat and Specific Heat," and when James Watt was busy in his little workshop in the College buildings making his great discoveries. We may safely conjecture that Ogilvie paid many visits to that little shop along with Joseph Black and other frequenters, and we may put it down as a certainty that he did not miss the lectures of Adam Smith (author of the Wealth of Nations^, who then oc- cupied the Chair of Moral Philosophy. Among the eminent professors in Edinburgh whose lectures he presumably attended were Dr. Blair, Professor of Rhe- toric, author of Lectures on Belles Lettres ; Dr. Adam Ferguson, then Professor of Natural Philosophy, after- wards of Moral Philosophy, author of an Essay on the History of Civil Society, and a History of the Progress and Termination of the Roman Republic ; and Dr. Cullen, Professor of Chemistry, famous for being the first in Britain to teach chemistry as a science. Biographical Notes. 159 Ogilvie was, on the 29th of November, 1761, appointed an Assistant Professor of Philosophy in King's College, Aberdeen, "upon the assurance which the members (of the College) gave Lord Deskfoord that he should be chosen into the first vacant office that might happen of a Regent's place ". 'Yhs. first vacancy occurred on the i6th of October, 1764, when Thomas Reid, Regent and Professor of Philosophy, resigned. A private letter from Lord Deskfoord to Ogilvie * shows clearly that his Lordship was by no means sure of the assurance' 2!oovq. referred to. Careful diplomacy was still required, and Ogilvie had to be warned how to go about getting this assurance ful- filled. Lord Deskfoord was aware, by the time Ogilvie had taught for two years as Assistant Professor, that he had shown himself a little too much as a new light, not- withstanding hints and advices from his Lordship and others to keep himself as much as possible under a bushel, until he became one of the members (or " Masters,'' as the professors were then called) of the University. The " Masters " ivere masters of the situation in those days ! Like landlords and the managers of rotten burghs, they exercised the sole power of appointing their successors. Ogilvie did not begin to teach as a ".Professor of Philosophy '' in King's College until November, 1762, when an engagement under which he was at the time of his appointment, as tutor to a Mr. Graeme, expired. It was also his own desire '' not to leave Edinburgh " during the winter of 1761-62 ; " and, further," says Lord Deskfoord, " he apprehends that his attending the most eminent professors at Edinburgh for this session may * Appendix, VI. i6o Biographical Notes. qualify him better than he is at present for teaching afterwards in the College of Aberdeen ". It was still the old system of teaching in Aberdeen, and Ogilvie, as a " Professor of Philosophy," was expected to teach the whole circle of the sciences — " the sciences of quantity, of matter, and of mind". There were no separate Professors of Mathematics ; of Natural Philosophy, Natural History, Chemistry, or Botany ; of Logic or Moral Philosophy, in King's College in those days. The three Regents (who were generally styled " Professors of Philosophy ") were expected to teach all these subjects, and also to give lectures on Geology, Meteorology, Astronomy, Natural Theology, Rhetoric, Economics, Jurisprudence, and Politics.* The students, under the old system, did not change from one professor to another ; but each Regent, in his turn, took the second year's class, and carried on the same students continu- ously for three years. In 1765, the year after Ogilvie's appointment as full Regent, he exchanged offices with the Professor of Humanity. This gave him greater scope, as all the students attended the Humanity Class. A letter from his friend the Earl of Findlater and Seafield (" the most unwearied and generous of all patrons ") to the Principal of King's College, dated i6th September, 1765, t con- tains interesting information regarding this exchange. This letter is another example of the chancellor's * See Account of the King's College of Aberdeen, " drawn up for Sir John Sinclair, in 1798," and " revised by the gentlemen of the College "- Greek, after 1700, was taught by the fourth Regent to the first year's class. N.B. — The reader is allowed to guess who the anonymous writer was. The Account looks very like Ogilvie revised. t Appendix, VII. Biographical Notes. 16 1 diplomatic influence over these Masters. The Chair of Humanity was now raised from " merely teaching the elements of the (Latin) Language," by the addition of " lectures upon Antiquities, History — both Political and Natural— and likewise upon Criticism and Rhetoric ". On the 23rd of September, 1765, the Masters approved of the proposed exchange, and from this date Professor Ogilvie taught the Humanity Class until 18 17,* when, at his own request, an assistant and successor was appointed. " For upwards of half-a-century Prof. Ogilvie was perhaps the most energetic member of Senatus, his decidedly progressive views bringing him not unfrequently into conflict with his more conservative colleagues. The pages of the College Minutes during his incumbency bristle with protests against, and reasons of dissent from, the decision of the majority." t During the period from April, 1759, to November, 1762, we may take it for granted that Ogilvie lost no opportunity of acquiring such knowledge and accom- plishments as he deemed a professor in those days should possess. Besides his attendance at the Glasgow and Edinburgh Universities, it is most probable that he visited England and the Continent, and made himself acquainted with the various systems of teaching carried on in the principal seats of learning in Europe. He was travelling tutor and companion to Alexander, 4th Duke of Gordon, and the fact of the Duke's having visited the Continent is well known, but there is an uncertainty as to the precise date. It may be mentioned that Adam Smith resigned his professorship in Glasgow * See Appendix, p. + Note by Mr. P. J. Anderson, Secretary to the New Spalding Club, in Scottish Notes and Queries for June, i88g. 1 62 Biographical Notes. about the year 1763, on account of his engagement as travelling tutor and companion to Henry, 3rd Duke of Buccleuch, and as Gordon was Buccleuch's senior by three years, it is not improbable that Gordon and Ogilvie visited the Continent about the years 1760-61, or '62. But be this as it may, the reader will not fail to see from The Right of Property in Land that its author not only visited the Continent of Europe, but that he also made a special study of the condition of its people about the latter half of the eighteenth century. He saw the French Revolution coming, and the causes leading up to it : " The widow is gathering nettles for her children's dinner ; a perfumed seigneur, delicately lounging in the CEil de Bcjeuf, hath an alchemy whereby he will extract from her the third nettle, and call it rent ".* He saw Real Misery — " When man has reached the last extremity, he comes, at the same time, to the last expedients. Woe to the defenceless beings who surround him ! Work, wages, bread, fire, courage, willingness, — all fail him at once. The light of day seems to die away without, the moral light dies out within ; in this gloom, man meets the weakness of woman and childhood, and puts them by force to ignominious uses. " Then all horrors are possible. Despair is sur- rounded by fragile walls, which all open into vice or crime. '' Health, youth, honour, the holy and passionate delicacies of the still tender flesh, the heart, virginity, modesty, that epidermis of the soul, are fatally disposed of by that blind groping which seeks for aid, which * Carlyle's Past and Present, inspired by Byron, see Age op Bronze XIV. " The grand agrarian alchemy, high rent." Biographical Notes. 163 meets degradation, and which accommodates itself to it. Fathers, mothers, children, brothers, sisters, men, women, girls, cling together, and almost grow together like a mineral formation, in that dark promiscuity of sexes, of relationships, of ages, of infancy, of innocence. They crouch down, back to back, in a kind of fate-hovel. They glance at one another sorrowfully. Oh, the un- fortunate ! how pallid they are ! how cold they are ! It seems as though they were on a planet much further from the sun than we." * In Ogilvie's time landlordism was most rampant in his own country. He witnessed the passing of the Act 1747, by which military tenure in all Scotland, and the ancient clan tenure in the Highlands, were re- spectively abolished ; and he must have noticed with much pain the establishment of serfdom which followed. He saw oppression, poverty, and misery introduced by "THE REIGN OF LAW AND ORDER "t which then pre- vailed ; and, worst of all, he saw the Scotch peasantry not only submitting to the lawless oppression of the tyrant, but also cringing before the very parasites of squirearchy. The soul of Justice as well as the soul of Freedom had fled from Scotland in Ogilvie's time, and he himself was compelled to live as a sort of exile in his own country ! Reader, do not, therefore, wonder that in his book on the Land Question, while he referred to almost every country in the world, he was obliged to draw his pen through Scotland and its people. He refers to England like an Englishman, to Ireland like an Irish- man, and he even stands up as a patriot for Orissa and * Victor Hugo's Les Miserables. t See page 30. 164 Biographical Notes. Bengal ; but he draws the line sharp and clear when at p. 14 we find him referring to England, Bengal, Egypt, Ireland, " or the northern counties of England " ! At first sight, with the suspicion that Ogilvie was a good old Radical, and certainly not a Scotch Whig whatever he was, I thought that this was a sarcastic reference to Scotland ; but, on consulting his compatriot and con- temporary. Burns, I am satisfied that the omission of all reference to Scotland proceeded from sheer disgust at the utterly slavish condition of his countrymen at the time he wrote. His only hope lay in the adoption by Scotland of the English Revolution principles of 1688. If the Scots, the Irish, and also the French had joined in that Revolution and assisted the English in selecting a Man, instead of a Prince, as chief trustee of those rights and liberties which the Revolution gave birth to, it would have been better for all. Peace and Reform, instead of war and tyranny, would have followed. It was the Prince of Orange that, in 1692, granted the warrant for the Massacre of Glencoe. He, and the intriguers who procured, and the savages who executed, the royal mandate, ought to have been suspended. Scotland was evidently denied English justice as well as English liberty. The Revolutions of 171 5 and 1745 were natural consequences. Some time after 1745, Scotland was made a recruiting ground for an army and a navy used in maintaining the slave trade, and also in fighting against American Independence. Add to this the effect of internal strife between creeds and factions, a corrupt executive government, not to mention landlord oppres- sion, and the words knavery and slavery will suggest themselves as applicable to the condition of the in- habitants of Scotland then. In Ogilvie's time many Biographical Notes. 165 thousands were forced to emigrate " in search of their natural rights ". On the 25th of June, 1794, Burns wrote to his friend Mrs. Dunlop : " I am just going to trouble your critical patience with the first sketch of a stanza I have been framing as I passed along the road. The subject is Liberty. You know, my honoured friend, how dear the theme is to me. I design it as an irregular Ode for General Washington's Birthday. After having men- tioned the degeneracy of other kingdoms, I come to Scotland, thus : — ** Thee, Caledonia, thy wild heaths among. Famed for the martial deed, the heaven-taught song. To thee I turn with swimming eyes ; Where is that soul of freedom fled ? Immingled with the mighty dead, Beneath that hallowed turf where Wallace lies ! Hear it not, Wallace, in thy bed of death ! Ye babbling winds, in silence sweep ; Disturb not ye the hero's sleep, Nor give the coward secret breath ! " We may take it for granted that after Ogilvie " men- tioned the degeneracy of other kingdoms," he also turned to Scotland "with swimming eyes". His soul and the soul of Burns harmonized regarding "that hallowed turf": and can we doubt that an inward voice said to him, " Disturb not ye the hero's sleep " ? As a fact, he did obey a voice of that kind. Burns drew his inspiration from facts. We shall see that his picture of Scotland as the grave of Freedom is by no means a fancy sketch. Thomas Muir, Younger of Huntershill, a member of the Scottish Bar, but better known as the "Political 1 66 Biographical Notes. Martyr of 1793," was on the 30th August of that year tried before the High Court at Edinburgh, for the crime of having attended one or two public meetings in con- nection with the extension of the franchise, which was then strictly limited to landlords. For this heinous crime he was sentenced to fourteen years' transportation — to death, it may be said, for the sentence directly led to a premature grave. The trial was conducted in the most insulting way possible, not to speak of the treasonable manner in which a landlord judge and jury (a servile Bar aiding and abetting) trampled the British Constitu- tion under foot. As for justice, there was not even the form, of it observed. The jury was a packed one. It consisted of nine landlords, one bookseller, two bankers, and three Edinburgh merchants ; and when one of these merchants (Mr. John Horner) was passing the bench to get into the box, Lord Braxfield, in a whisper, addressed him thus : " Come awa, Maister Horner, come awa, and help us to hang ane o' thae damned scoundrels ". The same judge was in the habit of saying, when any legal difficulty occurred in framing libels against such criminals as Thomas Muir, William Ogilvie, or Robert Burns : " Let them bring me prisoners and I'll find them law ". What a farce to sing Scots wha hae or Rule Britannia in a country whose people would suffer the insolence of an unhanged Braxfield for twenty-four hours. I should have preferred not to soil these pages with the name of Braxfield, but as I believe he betrayed his knowledge of Ogilvie's book, by making the worst possible use of it at Muir's trial, I am disposed to return good for evil by doing his Lordship the honour of giving a quotation from his speech on that occasion, and Biographical Notes. 167 placing it alongside Ogilvie as a first-rate argument in favour of the Single Tax.* Braxfield. Ogilvie. " A government in every " It is indeed the landed country should be just like property of the nation that a corporation, and in this is ultimately aud solely en- gaged for all national debts ; every other species of pro- perty may be concealed, trans- ferred, or withdrawn, when the demand for payment is apprehended. It is there- fore to be vsfished, for the security of public credit . . . that property in land were exceedingly divided ; so that every person had a share. ... It becomes even the interest of the great landholders, that such a distribution of property in land should take place. . . . So that every member {of so- ciety) may be rendered re- sponsible for the public debt" (P- 75)- country it is made up of THE LANDED INTEREST, WHICH ALONE HAS ARIGHT TO BE REPRESENTED. As FOR THE RABBLE, WHO HAVE NOTHING BUT PER- SONAL PROPERTY, WHAT HOLD HAS THE NATION OF THEM? What secu- rity FOR THE PAYMENT OF THEIR TAXES ? THEY MAY PACK UP ALL THEIR PROPERTY ON THEIR BACKS AND LEAVE THE COUNTRY IN THE TWINKLING OF AN EYE, BUT LANDED PROPERTY CANNOT BE REMOVED."— The Martyrs of Reform in Scot- land, by A. H. Miller. * The argument is also most relevant in respect to the National Debt. It is now the rabble's turn to say: "What hold has the nation of ms.^" Nay, more, they stand as Jirst and preferable Bondholders as regards all interest already advanced by them on behalf of the Nation, on the security 01 " landed property " which " cannot be removed ". This applies to all Britain. With regard to Irish land it should be made liable for the wages, clothes, weapons, ammunition, &c., required by 14,000 Peons, together with the extra expense of Regular Military force for rent collecting and eviction purposes, over and above a share of the National Debt. 1 68 Biographical Notes. " When mention is made in political reasonings of the interest of any nation " (says Ogilvie, p. 33), ''and those circumstances by which it is supposed to be injured or promoted are canvassed, it is generally the interest of the landholders that is kept in view." How true ! And ought we not to thank Braxfield for giving us such a confirmation and admission of the truth stated by Ogilvie ? Braxfield played the villain so well that the dullest among the gods cannot now fail to understand the Play of Landlordism. It is interesting to note that Burns wrote his Revolu- tion song, " Scots ! wha hae wi' Wallace bled," in Sep- tember, 1793, immediately after the sentence of Thomas Muir. On the 30th of the same month he presented to the Subscription Library of Dumfries a copy of De Lolme on the British Constitution, on which he inscribed the following words : " Mr. Burns presents this book to the Library, and begs they will take it as a creed of British Liberty, until they find a better. — R. B." The significance of this present at the time he composed " Scots ! wha hae," and when Thomas Muir and other worthy " sons " were in " chains," will be clearly under- stood from the following passage which De Lolme quotes, in Chapter XIV. of his book, from Blackstone's Commentaries on the Law of England (Book I., Cap. I.), in reference to the lawfulness of Revolution, whenever the rights of the people are trampled upon. Blackstone says : — " And lastly, to vindicate those rights, when actually violated or attacked, the subjects of England are en- titled, in the first place, to the regular administration and free course of justice in the courts of law ; next, to the right of petitioning the King and Parliament for redress Biographical Notes. 169 of grievances ; and lastly, TO THE RIGHT OF HAVING AND USING ARMS FOR SELF-PRESERVATION AND DE- FENCE". These were the principles of the English Revolution settlement of 1688, and upon which the British Constitu- tion was based. Considering the very complete know- ledge of the legal rights of British citizens, that Burns possessed through his study of De Lolme's admirable book, and his own very keen sense of man's natural rights, together with his extreme abhorrence at all forms of injustice, and especially when such injustice is per- petrated in the name of LAW AND ORDER, we need not waste much time in speculating as to how he felt on hearing the result of Thomas Muir's trial. It is enough to say that he there and then composed a war song for Scotland — a Marseillaise ! He himself has not left us in any doubt. Here are his words : — " I showed the air (' Hey tuttie taitie ') to Urbani,* who was highly pleased with it, and begged me to make soft verses to it ; but I had no idea of giving myself any trouble on the subject till the accidental recollection of that glorious struggle for freedom, associated with the glowing ideas of some other struggles of the same nature, not quite so ancient, roused my rhyming mania".-f- Mark * Pietro Urbani, an Italian musician, who met Burns at St. Mary's Isle, the seat of Lord Selkirk, on 31st July, 1793, the day before Burns's ride with Mr. Syme " in the middle of tempests over the wildest Galloway moor," when " Scots wha hae" was thought, through the suppression of the correct date, to have been composed. t Letter, sending "Scots wha hae,'' to Mr. Thomson, dated " September, 1793," received in Edinburgh on the 3rd or 4th, and replied to on the 5th. Referring to the old air "Hey, tuttie, taitie," Burns says, " There is a tradition, which I have met with in many places in I/O Biographical Notes. the words, not quite so ancient, which Burns himself puts in italics. Then let us ask ourselves whether this soul-stirring Ode was not a real cry to arms against Braxiield and Company ? Let us look at the Ode itself and the short prayer to God with which it concludes, and ask ourselves whether Burns had the English Edward or the Scotch landlords in his mind's eye at the time he wrote it, and let us not forget that he thoroughly approved of adopting the English Constitu- tion in Scotland, and that he by no means wished to revive old national feuds. " By Oppression's woes and pains ! By your Sons in servile chains ! We will drain our dearest veins, But they shall be free ! Lay the proud Usurpers low ! Tyrants fall in every foe ! LIBERTY'S in every blow !— Let us Do — or Die !!! " " So may God ever defend the cause of Truth and Liberty as He did that day ! Amen ! — R. B." Here we have Burns at bay. There were then only 2652 Parliamentary voters in Scotland.* This number Scotland — that it was Robert Bruce's march at the battle of Bannockburn, This thought, in my yesternight's evening walk, warmed me to a pitch of enthusiasm on the theme of liberty and independence, which I threw into a kind of Scottish ode fitted to the air, that one might suppose to be the gallant royal Scot's address to his heroic followers on that eventful morning." The words "my yesternight's evening walk," were changed by Dr. Currie into " my solitary wanderings," and this error was not discovered until shortly before Mr. Robert Chambers of Edinburgh pubHshed his edition of Burns's works in 1857. Dr. Currie's edition was published specially for behoof of Burns's widow and children, and many * These were the Nation a la Braxfield ! Biographical Notes. 171 included all the landed gentry and their faggots. These were undoubtedly the " proud usurpers " who caused the "oppressions, woes, and pains," referred to by our patriot bard. We must not forget another circumstance. When Thomas Muir was apprehended on 2nd January, 1793, Burns was at that very time being court-marshalled by the Board of Excise for a similar crime ! On Sth Janu- ary, in a letter to his friend Mrs. Dunlop, he says : " The political blast that threatened my welfare is overblown ". On the same day he writes to Mr. Graham of Fintry, who was mainly instrumental in shielding him from that " blast,'' making the solemn promise — " henceforth I seal my lips ". What happened in the interval between the 5th of January and September, 1793, the reader already knows. He also knows that Burns broke his vow. The soul of Burns could not be caged. The theme of Liberty was a part of it, and death only could things were suppressed through fear of being boycotted by the "classes". It will be seen that the news of the brutal sentence passed on Thomas Muir would reach Dumfries, in those days, on 31st August or ist September, 1793. The "yesternight's evening walk" which produced " Scots wha hae" must have been on Sunday the ist or Monday the 2nd, and Burns must have despatched it on the 2nd or 3rd, more probably ths 2nd, as Mr Thomson says he read it to some friends in Edinburgh on the 4th. Mr. Thomson wanted Burns to alter this ode, but Burns refused. He writes on 15th September, in reply to Mr. Thomson, stating that the proposed alterations would "make it tame", "I have (he said) scrutinised it over and over ; and to the world, some way or other, it shall go as it is." The world's verdict is in favour of the poet. " So long (says Carlyle) as there is warm blood in the heart of Scotchman or man, it will move in fierce thrills under this war ode ; the best we believe that was ever written by any pen." 172 Biographical Notes. close those lips. He was not a coward. The man who wrote — " Wha will be a traitor knave ? Wha can fill a coward's grave ? Wha sae base as be a slave ? Let him turn and flee ! " in September, 1793, meant what he said. He meant Revolution. We must not go about the bush in stating this. To do so would imply a cowardly slander on Burns. Alas ! Caledonia — " Where is thy soul of fi'eedom fled ? " For nine weary months Burns waits in vain for a response to his song of war : Scotland was no longer the land of the free. To the eye of Burns it was now the very burying ground of Liberty. The great soul of the poet is then borne away on its own soliloquy : — " Swiftly seek, on clanging wings, Other lakes and other springs ; And the foe you cannot brave, Scorn at least to be its slave." To HIS COUNTRYMEN HE BIDS THIS FAREWELL: — " Avaunt ! thou caitiff servile, base, That tremblest at a despot's nod, Yet, crouching under the iron rod. Canst laud the arm that struck the insulting blow ! Art thou of Man's imperial line ? Dost boast that countenance divine ? Each skulking feature answers, No ! " And he hails the Americans thus : — " But come, ye sons of Liberty, Columbia's offspring, brave as free, In danger's hour still flaming in the van, Ye KNOW, and dare maintain, the royalty of man ! " These lines are quoted from the Ode to Liberty already referred to, a stanza of which was sent by the poet to Biographical Notes. 173 Mrs. Dunlop in June, 1794. The remainder was mMUlRED until 1872 (!), when Mr. Robert Clarke of Cin- cinnati purchased the original MS. in London, and to him the world is indebted for its first publication. This Ode forms a key to the real intention, feeling, and pur- pose of " Scots ! wha hae ". They should be read to- gether. And if the reader wants to see further into the soul of Burns, in regard to the theme of LIBERTY, from and after September, 1793, he will find Scotland dealt with precisely as in Ogilvie's book. His " Tree OF Liberty," composed in 1794 (but boycotted until 1838),* ends with these lines : — " Syne let us pray, auld England may Sure plant this far-famed tree, man ; And blythe we'll sing, and hail the day That gave us Liberty, man ". And in the eighty-four preceding lines, the word " Britain " occurs twice, while, as in Ogilvie's book, Scot- land is conspicuous by its absence ! But this is not all, — precisely like Ogilvie, he draws the line sharp and clear, thus : — " But seek the forest round and round, And soon 'twill be agreed, man, That sic a tree can not be found 'Twixt London and the Tweed, man ". * This and other Odes by Burns expressing similar sentiments are still boycotted. W. Scott Douglas and A. Cunningham found fault with Robert Chambers for publishing such Odes. Robert Chambers himself says, that — "Is therefor honest poverty " embodies "all the false philo- sophy of Burns' time, and of his own mind ". These cringing editors have done much injustice to the ' ' honest fame " of Burns. They should have seen themselves as others see them, in the Poet's letter of 13th April, I793i to Erskine of Mar, where he says — " I have often, in blasting anti- cipation, listened to some hackney scribbler, with the heavy malice of savage stupidity, exulting in his hireling paragraphs ". These editors knew about the real date of " Scots ! wha hae," as far back as 1839. 13 174 Biographical Notes. In the next verse a painful view of Scotland appears between the lines : — "Without this tree, alake this life Is but a vale o' woe, man ; A scene o' sorrow mixed wi' strife, Nae real joys we know, man. We labour soon, we labour late, To feed the titled knave, man ; And a' the comfort we're to get Is that ayont the grave, man." In the year 1795 the lessons of the French Revolution were beginning to make some headway in Scotland. An invasion was imminent. The NATION then evidently saw that although " landed property cannot be removed" the removal of the landlords presented very little diffi- culty. What a pity the "rabble" did not see eye to eye with the " Nation " at that time ! The rabble were then invoked to defend their king and country. Mark the words " their country ". Volunteer (?) corps were formed in many districts in Scotland, Dumfries included. Burns had to join, and was forced to incur a deathbed debt in buying a uniform. In a ballad headed " The Dumfries Volunteers," composed in 1795, Scotland is again conspicuous by its absence : — " Oh, let us not like snarling curs In wrangling be divided, Till, slap, come in an unco loon, And wi' a rung decide it. Be Britain still to Britain true, Amang oursel's united ; For never but by British hands Maun British wrangs be righted." These lines also form a key to " Scots ! wha hae ". Numerous keys can be had. Take, for instance, the Biographical Notes. 175 following lines written by him in 1794 in a lady's pocket- book : — " Grant me, indulgent Heaven, that I may live To see the miscreants feel the pains they give : Deal Freedom's sacred treasures free as air. Till slave and despot be but things that were ''. These, it is obvious, were living miscreants, not the followers of " Proud Edward," and it is to them, and them alone, that he refers in September, 1793, when he uses the words : — " Lay the proud usurpers low ! Tyrants fall in every foe ! Liberty's in every blow ! Let us Do— or Die!!!" Burns, like Ogilvie, was a philosophical admirer of Eng- lish freedom as well as an ardent believer in the Revolu- tion principles of 1688. He was not the man to revive Border feuds. The reference to Wallace and Bruce in " Scots ! wha hae," doubtless was intended to rouse and stir up the ''rabble" of 1793. The "woes and pains" and " servile chains " have nothing to do with England or " Proud Edward ". Burns was thoroughly loyal to the British Constitution : at a volunteer festive gathering in 1795, when asked to give a toast, the following are the concluding lines of it : — " And here's the grand fabric, our free Constitution, As built on the base of the Great Revolution ; And longer with politics not to be crammed, Be anarchy cursed, and be tyranny damned ; And who would to Liberty e'er prove disloyal, May his son be a hangman, and he his first trial ! " These are brave words ; and we can almost see not only 176 Biographical Notes. the Dumfries gentry* but also the Edinburgh gentry, " Old Braxy " included, cringing under the truth, justice, and heroism which inspired the soul of the author of " Scots ! wha hae ". In a country under tyrannical rule, as Scotland was then, it was only natural that about one half of the people should be Government spies and the other half cowards. Burns, although he was an excise- man at ;^so a year, and only £^$ when off duty on account of ill-health, was not a spy. Various attempts were made to coerce him to join the other party ; and his faith was often put to the test in connection with " Loyal " toasts. On such occasions he took the oppor- tunity of trampling on the maggots and flies which were then changing the British Constitution into a veritable mass of corruption. These parasites gloried in toasting '■^ King and Country I " Their Country ! and their King ! Yet they expected the " rabble " not only to respond to such toasts, but, when any battles had to be fought on behalf of the " Nation," the " rabble" were expected to do this also. Nay, the " rabble " were, as a rule, coerced to fight the " Nation's " battles. In the West Highlands, men were hunted, caught, and, * " There is reason to believe that, in his latter years, the Dumfries Aristocracy had partly withdrawn themselves from Burns, as from a tainted person. That painful class, stationed, in all provincial cities, be- hind the outmost breast-work of gentility, there to stand siege, and do battle against the intrusions of grocerdom and grazierdom, had actually seen dishonour in the society of Burns and branded him with their veto, had, as we vulgarly say, cut him ! Alas! when we think that Burns now sleeps 'where bitter indignation can no longer lacerate his heart,' and that those fair dames and frizzled gentlemen already lie at his side — where the breast-work of gentility is quite thrown down,— who would not sigh over the thin delusions and foolish toys that divide heart from heart, and make man unmerciful to his brother ! " — Thomas Carlyle, 1828. Biographical Notes. ITJ if they refused to be sworn in, they were bound hand and foot, and thrown into a dungeon in the laird's house. They were dragged out of this dungeon once a day, and the soles of their feet, after being first rubbed with grease, were held up to a roasting fire. This re- peated ordeal, as a rule, led to all the swearing-in required even in the making of a dragoon. In the Eastern High- lands (Aberdeenshire), " hanging by the heels " was sometimes resorted to as a preliminary to swearing-in. Auld Willie MacPherson of Loch Kinnord, an octo- genarian, who died a few years ago, used to tell of a widow's only son, who was murdered by the laird in that way. An eye-witness had described to him '' what a terrible thing it was to see the poor fellow hanging by the feet, and the blood pouring out of his nose, eyes, and ears ". This sight was, doubtless, intended to be a " terrible " one. Yes, to serfs and cowards. But to any human beings worthily called men or women, such a sight would be revolting, and we may assume that atrocious spectacles of that kind are possible only in countries where, the inhabitants are brutalized by tyranny, and the human soul is steeped in the ignorance and superstition of priestcraft. We may safely conjec- ture that the parish clergyman dined with the laird the same day the murder was committed, and that he after- wards visited the sonless widow, and lectured her from The Larger Catechism " as to the great sin her foolish and wicked son had committed in rebelling against God's authority, of which the laird was only the instru- ment ". Burns and Ogilvie could not possibly be anything else than Revolutionists. They were not, however, tried before an Edinburgh jury ; neither was Moses tried 178 Biographical Notes. before an Egyptian Braxfield. Poor Thomas Muir did not grasp the nettle firmly enough. He was only a Reformer, and, being somewhat lamb-like in his ways, he was considered a tender morsel by the " hounds which growl in the Kennel of Justice," as Burns de- scribes the Scotch Executive of Law and Order of his time. Thomas Muir wanted to extend the franchise— to give people a paper vote — a phantom reform — which, com- pared with Ogilvie's scheme, may be described as a system of political tinkering, giving rise to disappointment on the one hand, and dissatisfaction with increased dis- contentment on the other. Ogilvie's equal-share-in-the- land would carry with it, as the law of representation then stood, not only manhood suffrage, but womanhood suffrage also. And why not ? Take any man or woman, and ask yourself, why either the one or the other should be denied the right (so long as such right is not forfeited by some misconduct or crime) of being represented in the Council of the nation, in regard to the ruling of the country, the making, altering, or re- pealing of its laws ? If A. makes a law, and coerces B. to keep it, B. stands in the relation of slave to A. It is equally true that if A. owns the land, and B. has to go to A. " seek- ing work," or must "beg for leave to toil," B. is the slave of A. We thus see the double relationship of master and slave which existed between the landholder and the people in Ogilvie's time — always keeping in view that the landholder was also the sole legislator. Ogilvie's single and simple remedy was quite ample for sweeping away the double and compound evils of modern landlordism, and we now see what a wise and Biographical Notes. 179 practical radical reformer he was. But how sad to think, that we, in the British Isles, who boast so much of our civilization, are still kept in ignorance of those elementary truths regarding our natural rights. Yes, kept I It seems to be the special duty of those who " fatten on the wages of servility " to keep the people as ignorant as possible. And until recently any " agitator '' who dared to instruct his fellow-men, in re- gard to their rights, was held guilty of high treason and sedition. This, by the way, is still a crime, not only in Ireland, but also in England and Scotland. Have we not lately witnessed the degradation of these so-called " free countries " by the arrest of Irish refugees on British soil. These things act as a spur to the slow but sure Revolution now going on in Ireland, and partly in Scotland ; and no one can wisely grudge a little spurring. The British Constitution is no longer " the glory of Britons and the envy of foreign nations," as our parochial essayists used to tell us. Even England — "merry England" — the "home of freedom " — is not now so merry or so free as she once was ; but it re- quires no prophet to foresee that her time of waken- ing up, and reverting to the Revolution principles of 1688 as a basis of restoring the Rights of her People, and the happiness of their homes, cannot be far distant. The England of 1688, and even the England of 178 1, was held up by Ogilvie as head and shoulders above all other countries " under the sun," in regard to Liberty and Humanity ; and he pointed to the pre-eminence and power of the English nation as the direct fruit of such Liberty and Humanity. In his time, all Europe, including the enlightened French and the bold Prussians, tolerated that form of human slavery called serfdom. i8o Biographical Notes. The Great Frederick, referred to by Ogilvie as a capable land law reformer, was, after all, only a king of serfs. The law of. England, Ogilvie tells us, was derived from the "same absurd and pernicious principles of jurisprudence" that permitted serfdom on the Continent of Europe; "yet," says he, "such has been the generosity of English landholders, such their equitable conduct towards their tenants and dependants, and such the manly spirit of the lower classes, fostered by a sense of political rights, that in England the comfortable inde- pendence of the farmer and actual cultivator of the soil, is established on as secure a footing as the most refined system of property in land deduced from the genuine principles of public good and natural right can propose to render effectual and permanent". The just claims of the " lower ranks of mankind " are not forgotten, as in the case of recent Irish and Scotch land legislation. He says : " It is to be regretted only that this comfort- able independence which the farmers enjoy cannot be extended to a still greater proportion of the community". He stirs up the Continent, and also Ireland and Scotland, to cast off serfdom, and points to the national blessings which followed its abolition in England : " English landholders and English farmers are superior in all respects to the same class of men in other countries : in their manly vigour, their plain good sense, their humane virtues, consists the true basis of our national pre-eminence. Their blood circulates in every rank of society ; their domestic manners have given the tone to the English character as displayed in all the various departments of business and enterprize ; nor can any wish be formed more favourable to the prosperity of the Biographical Notes. i8i public, than that the numbers of this class of men may be increased." But he is by no means fully satisfied with the position of the English tenant. He gives a quiet slap to the EngHsh aristocratic form of government — a government of landlords — which makes Land Law Reform more im- possible than the absolute despotism of the notorious Pharaoh. This is what he says : " To increase the number of landholders, by advancing farmers to that more independent situation, CAN NEVER BE MADE THE OBJECT OF LEGISLATIVE CARE IN THIS COUNTRY, AS IT MIGHT IN THE ABSOLUTE MONARCHIES OF THE Continent ; but to increase the number of farmers, by favouring the advancement of day labourers and manu- facturers to the more animating and manly occupation of cultivating a small farm for their own account, is an object very similar to many branches of enlightened policy which the British Legislature (more than any other) has pursued with attention and success". These words were penned by Ogilvie in the year 1781. " Many things have happened since then ! " Serfdom has been abolished in France, in Prussia, and also in Russia. The natural result followed. These countries have risen in pre-eminence and power corresponding to the scale of freedom and justice which they respectively adopted. Where stands England now? Consider the hundreds of thousands — the millions! — of Englishmen and Englishwomen who are expatriated from the soil, who are starving and worse off than the slaves and savages of ancient times. In this Christian country we require 1 1,000 policemen in London alone, with a large military force in reserve. i82 Biographical Notes. Compare the condition of her peasantry in former times, when the farmer and the labourer dined together every Sunday, with the present sad condition of the English rustic coolie, with starvation wages of I2s. per week ; is. 6d. of which he requires for house rent, and los. 6d. is all he has to provide food and clothing for himself, wife, and family. His life is a slow but sure march to the workhouse and a beggar's grave ! Let us now look at the contents of a small but interest- ing MS. — interesting to the reader of THE RIGHT OF Property in Land. It is unsigned, but it is undoubt- edly in the handwriting of Professor Ogilvie : — "PiTTENSEAE, September i2th, 1776. "It seems highly probable that this distemper, what- ever be its nature, will rernove me from the present scene. " I ought surely to depart without reluctance and re- pining, having abundant reason to return thanks for that portion of life and that measure of good which I have already enjoyed, which seems to have exceeded, at least in tranquillity and contentment, the common standard of what is allowed to man. I have only to implore that some time may be allowed for the settlement of the affairs I leave behind me, and, if possible, to reduce into some form a synopsis at least of those contemplations and schemes which have occurred at various times to my mind, as of importance to the general welfare of mankind and the improvement of their present state. " It ought to be my care to apply with assiduity what- ever time is given to these respective purposes, but with- out anxiety or repining, because both these must neces- sarily be left very incomplete ; to turn away my thoughts from all that is probable to take place in my affairs Biographical Notes. 183 when I am here no more, except so far as may be use- ful in suggesting useful direction to my nearest friends to be left them in writing, but without subjection to any positive commands. May it please that Sovereign Power, from whom I have received so many good gifts, to grant me now evdavaaia an easy and tranquil dismis- sion from this mortal stage, or, if that may not be, at least may He vouchsafe that amid the pain and agonies through which I am to pass my patience may be sus- tained and the use of my reasoning powers remain un- disturbed to the last parting pang." Pittensear, the reader already knows, was Professor Ogilvie's ancestral home. The date suggests many digres- sions which must be brushed aside. But one or two may be glanced at. The 4th of July, 1776, had just given birth to the great American Republic,* and the news of the event was creating some stir in the Mother Country. The domineering British landlords — the Nation ! — were busy enlisting the sons of the British "rabble"— " To cowe the rebel generation, And save the honour o' the Nation ! " The ignorant "rabble" enlisted and agreed to cut the throats of their cousins in America. It was Law and Order, and they are sworn by all that's holy to fight for their King and Country ! But in reality they fought for the purpose of coercing the Americans to pay a tax upon tea, imposed by British landlords, to enable them- selves to pocket more of the rents earned by the culti- vators of British soil. * See Section 60 of the " Synopsis ". 184 Biographical Notes. " Safe in their barns, these Sabine tillers sent Their brethren out to battle — why ?— for rent ! Year after year they voted cent, per cent., Blood, sweat, and tear-wrung millions — why ?— for rent ! They roar'd, they dined, they drank, they swore they meant To die for England — why then live ? — for rent ! " From the year 1770 to 1782, the British landlords increased the NATIONAL Debt ;^ 100,000,000! " And will THEY not repay the treasures lent ? — No : down with everything and up with rent ! " The American War was begun and continued by the British landlords, a Puppet-King, and the usual " Law and Order " tail of political parasites which then, as now, consisted of lawyers, clergymen, and the scum of the pothouse. The jingoes existed then, although their natural history was somewhat neglected until Lord Beaconsfield's time. " For little fleas have lesser fleas Upon their backs to bite 'em ! And these fleas have lesser fleas, And so — ad infinitum ! " A very clear idea may be formed of Ogilvie's character, as a far-seeing practical politician, by reading sections 34, 41, 47, 57, and 74 of his book, where he refers to the advantages of American freedom as compared with European serfdom and oppression. And it is worthy of notice that he warned the Americans against adopting the Feudal System of European landlordism. It is quite plain that the Wealth of Nations (published in 1776) did not come up to Ogilvie's expectations in regard to property in land. There is no doubt Adam Smith was boycotted by the Law and Order of those times, and coerced to modify and delete whole chapters Biographical Notes. 185 referring to the landlords, as being seditious and unfit for publication. Ogilvie, as we have seen, had regard to a higher " power '' than the Law and Order of a set of petty tyrants, when he formed his resolution to publish his " contemplations and schemes ". His book is a monument of truth, wisdom, and courage. His magna- nimity was unbounded ; his heart overflowed with love and genuine sympathy towards mankind. Like Moses, he set himself to free an enslaved people : enslaved, because ignorant of their natural rights; powerless, because wanting the source of all power — knowledge. Like Moses, he advises mankind to take their stand, upon the earth, by practically adopting the First Com- mandment — Thou shalt have no other gods, dukes, earls, lords, landlords, or other land-grabbers, coming between you and the Creator of the earth, as regards the birth- right of every human creature. He regarded not the alleged heavenly rights of earthly kings or their vassals. The golden calf of commercial landlordism he detested even more than all the superstitious kingcraft and priestcraft of ancient Egypt. It is evident that The Right of Property in Land was the great aim of his life. Nay, more, we can see that it came forth from his soul as the fulfilment of a sacred undertaking with " that Sovereign Power, from whom," he acknowledges with overwhelming gratitude, he " received so many good gifts ". He was then in his fortieth year. His health had utterly broken down through over-study and sedentary habits.* He re- covered his health, and lived for upwards of forty-two years after this. He, however, did not allow much * Letter from his friend and colleague, John Ross, Professor of Oriental Languages. 1 86 Biographical Notes. time to pass before he reduced " into form those contem- plations and schemes which had occurred at various times to his mind as of importance to the general welfare of mankind and the improvement of their present state ". The receipt for the cost of printing " The Right of Property in Land . . . and The Regu- lations by which it might be rendered more beneficial to the lower Ranks of Mankind," is dated 25th August, 1781. The title page of the reprint now issued, bearing the date " 1782," is a facsimile of the original publication. It is interesting to consider the MS. and the " syn- opsis " to which it undoubtedly refers. From the title page we can go to the Introduction, and there we find more of the Pittensear schemes " gradually unfolded ". These schemes, it is of some importance to note, are the result of the author's "own opinions, thinking freely and for himself" . He tells us that " the leading principles of that system, which he now holds, respecting property in land have been coeval in his mind with the free exercise of his thoughts in speculative inquiries; they have recurred often, they have been gradually unfolded, and for some years past he has been accustomed to review them frequently, almost in their present form, with still increasing approbation ". Here we have a candid and straightforward author whose opinions, he himself tells us, are new. " All that he would request in their favour (and the candid will readily grant this) is, that they may not be rejected on a first disgust, and that those who cannot adopt the opinions here advanced may at least bestow some pains in ascertaining their own ! " There is a gentle touch of humane irony in these Biographical Notes. 187 concluding words which is characteristic of the author. Other gentle touches will be met with throughout the work, but they are sometimes so very gentle that it is even possible to misapply them, as in the case of the words, " The poor you have always with you ". For example, how seldom these words are interpreted thus : Where there is priestcraft there is always poverty ; or thus : Priestcraft and poverty always go together ; or even thus : " The poor_ydilis fund. I have asserted that the payments made to Bishop Elphinston's bursars have fallen far below their original value, while the salaries of the masters payable out of the same funds have risen far above it. — I have asserted that our present method of dividing the whole accrescing revenue annually among our- selves is neither strictly justifiable nor very decent. The majority have not contradicted any of these assertions, nor can they. The remedies I proposed are very possibly far from the best that may be devised. I meant by proposing them chiefly to express my own wishes, and to rouse the attention of my colleagues, several of whom I know to be more equal to the task. I was by no means attached to these proposals as mine, and would gladly have consented to any moderate remedies, which the Society in their discretion might have chosen to adopt. But all remedy whatever is, it seems, to be withheld. The strange maxims I have heard asserted (inconsiderately as I thought) are to be maintained in practice, and defended as usual by evasions and forms. (2nd.) Because, by requiring that hereafter all Reasons of Protest should be communicated to a College meeting previous to their insertion, the majority have prescribed a form, which, if it is not frivolous, must have a pernicious tendency. They have also found that the insertion of my last protest, by my own hand, was irregular. How could I suppose any 226 Biographical Notes. irregularity in that which is so consonant to the practice of the Society? How many minutes are there inserted by private members, in their own hand, without any formal notification to a meeting ? No later than the very gentleman who moved for those resolutions against which I protest, in- serted with his own hand, and without the least communication to the College meeting, a minute purporting to be their resolu- tions, and assigning certain payments of money in their gift. If it be competent to a private member to insert minutes in this manner, how much more must it be so to insert his own Reasons of Protest, Reasons, over which, if communicated, the Meeting can have no power to alter or reject them. For that they have, even this majority will not assert. Amid their zeal for frivolous and pernicious forms, let them be reminded of that facility, with which on a late occasion they chose to trample under foot forms truly salutary and essential. I mean those forms which require that all our resolutions on business should be recorded in the minutes at the time, and signed in presence of the meeting. I am but little acquainted with forms, and much disposed not to trespass against them. Of both these circumstances my opponents have profited. It gives me satisfaction, however, and seems a good omen, that men so well acquainted with busi- ness, and of such sound judgment as some of them are, choose manifestly to defend their present cause by formalities and fetches for delay, and seem to shun as with horror all free discussion of essential points. WILLIAM OGILVIE. iV.^.— In the College meeting April i2th, 1784, Mr. Ogilvie proposed that the opinion of the Crown Lawyers should be taken on the two following Questions : (i.) Whether the feuing out of land, lying within the Biographical Notes. 227 College precincts, is a lawful administration, except in cases of necessity? (2.) Whether a Feu-charter of the subjects now in ques- tion will bind our successors, in case they should want these subjects, for any purpose tending to the advantage or reputa- tion of the College, as for a Botanic Garden ? This is the proposal mentioned in No. II. The protest mentioned in No. V. was taken in the College meeting, held Jan. 31st, 1785, on account of the majority's delaying to insert in the minutes the proposals given in Nov. 20th, 1784. Reasons of Protest. (ist.) Because on this occasion an inconsiderable majority, viz.. Dr. Gerard, Dr. Chalmers, Professor Gordon, Professor Leslie, arrogate to themselves a power which cannot belong to any majority, however numerous or respectable. Will they presume to say that any member has not a right to make in the College meeting such proposals as he thinks may tend to the advantage of the Society, and to have them inserted in the minute as part of the Res Gestx of that day ? Or will they say that matters of a frivolous nature were sug- gested to their attention, when it was proposed that the scanty income of the Library should be improved by increasing the fees which are now usually paid on degrees ? That the spoon money and money for the annual dinner (if continued to be collected) should be applied to the Library for the particular advantage of the bursars, from whom it is now collected on obsolete pretexts. That the Library fund should receive compensation for certain sums which had been improperly taken from it. That the payments to Bishop Elphinston's bursars should be made equivalent to their real value at the time of the foundation; or rather be made to partake of the late im- 228 Biographical Notes. provement of the College funds. And that a certain propor- tion of the accrescing revenue, now annually divided, should be set apart for an accumulating fund, to be improved at com- pound interest, and not to be broke in upon until its annual produce shall have become equal to the sum annually divided among the masters. (and.) Because of late a system has been adopted of eluding inquiries, and suppressing all free discussion of questionable points. On various occasions this system has betrayed itself, and in the meeting of Oct. 23 it was pretty openly avowed. The present resolution of the majority manifestly flows from it, and being of small importance in itself is probably intended to form a precedent. In that light it seems important and per- nicious, and deserves to be resisted to the utmost. WILLIAM OGILVIE. Extract from Letters to a Gentleman in the Country written by a Member of King's College.* King's College, Oct. 21st, 1786. You must have read with surprise that part of the memorial from King's College, in which it is alleged, that I had started the proposal of a visitation, with a view to bring forward private and party complaints. I am far less acquainted with party cabals than some of these gentlemen are, and not much accustomed to complain. On this occasion nothing can be farther from my thoughts than to bring any complaints whatever before the royal visitors, were they already appointed. I might perhaps take the liberty to lay * These Letters were written by Professor Ogilvie to (we may safely assume) his friend the Earl of Findlater and Seafield, the Chancellor of King's College. Biographical Notes. 229 before them some proposals, relative to the improvement of education, and the better management of our funds, but, without any mixture of complaint, and with as little reference as may be to any thing that is past. As to the matter of private or personal complaint, I have none. We have differed only in questions of a public nature respecting the intentions of the founder, and the proper application of the College revenue. I have proposed that the augmentation of salaries should be limited to a definite sum : that a due share of the surplus revenue should be set apart for literary academical purposes : that the practice of borrowing sums of money, and leaving them as perpetual burdens on our successors, should be laid aside ; and that an accumulating fund should be established on a suitable plan. They have rejected all these, and I confess I felt the dis- appointment of their rejecting the accumulating fund. It is but lately that the wonderful effects of such accumulation have become the objects of belief. In the afifairs of great nations they must be precarious ; but in the affairs of small com- munities it may be hoped that they would proceed under the protection of municipal law, for a long series of generations, with all the certainty of calculation. Believing that my col- leagues might be made to attend to this, and being extremely desirous that an establishment of that nature might have commencement here, I renewed my proposals ; suggesting that 5 per cent., or even 3 per cent, of the surplus revenue, might be sufficient. Supposing this last to amount to ;£io per annum, I stated, that if applied to the payment of debts, it would in 44 years clear off ;^i5oo of those for which provision ought to be made : if suffered to accumulate, it might, in a space of time equal to what is past since the last visitation, produce an increase of two thirds to the surplus revenue : if suffered to accumulate for a century, a period which may 230 Biographical Notes. reasonably fall within our calculations, since the community has existed in safety for three centuries, it would produce a fund equal to all that the Founder or private donors have bestowed on the College. Even this moderate scheme could obtain no regard. In the last page of their memorial it is asserted that the members of King's College have extended their care to the improvement of the revenue in a more effectual manner than by an accumulating fund. The very measures to which they refer, to wit, the valuation of teinds and the sale of superiori- ties, have a manifest tendency to advance the income of the present incumbents, at the risk of diminishing the value of the funds in remoter times. But a proportional, well regulated accumulating fund might render such transactions unexcep- tionable, and equally advantageous, to the present incumbents, and their successors, at any time whatever. They are pleased to renew the encomium on their good management in their Information, where I have just read with amazement that "the accession to the revenue has been applied to every other purpose to which it was by the Founda- tion applicable in z.far higher proportion than to the augmenta- tion of the salaries of the masters ". Were this assertion reversed, I might admit it as true. I know well their dexterity in the use of words, and how much they excel in elaborate ambiguity : to couch four different meanings in one short sentence, or by the help of Italics, two meanings absolutely contradictory in another, are ordinary exertions of their skill : but though I have studied the ex- pression and even the Italics here with the utmost attention, I find it impossible to divine by what evasion, by what sophistry, they can hope to reconcile this assertion with the facts. An example will show the difficulty of the case. By Bishop Elphinston's Foundation, the eight masters now remaining on the establishment have 205 merks for their Biographical Notes. 231 salaries; the twelve bursars 144; and 40 merks are set apart for the ^dilis fund. Since the late improvement of the revenue, the bursars have got an addition of ^20 sterling, the ^dilis fund of ;^3o, and the eight masters receive annually, at an average, £,2^0 of augmentation. Were this sum of £^21^0 sterling divided in the same pro- portion as by the Foundation, the Bursars should have about £,\\o and the masters only ;^i5o. Whereas the Bursars get hardly one fifth part of their due, the ^Edilis fund nearly its due, and the masters considerably more than theirs. This accession to the revenue seems therefore applied to the aug- mentation of salaries in a far higher proportion than to other purposes. An explanation of this will be soon required, and then, if not declined, we shall see how the Author of this Information will avail himself of that art in which he is allowed to excel, and in which he counsels his associates to put their trust. "We must say strong things," is the watchword inculcated on his party. Of all the strong things they have ventured to say, the pro- fession of respect for the College oath is, with regard to some of them, far the strongest. Can you believe that they under- stand it in the sense which they pretend ? I do not even be- lieve that they have taken the oath which they have published. That which I understand to have been in use ever since the year 1684, and perhaps long before, is essentially different. It binds to the observation of the first Foundation Nisi forte aliter Cancellario Universitatis aliisque legitimis superioribus visum fuerit. Now what must be thought of men who, having twice consented to an union of the Colleges on narrow and selfish plans, refuse to consent to a more liberal, scheme, and try to cover their real and pretty obvious motives by pretending 232 Biographical Notes. reverence for an oath, the obligation of which could prove no check when a considerable augmentation of salary was in view? Still further, what must be thought of them if, to persuade the pubUc that such is their motive, they circulate in print, and in their private correspondence, copies of this oath altogether different from that which has been administered to them on their entrance to the Society ? In common men, in all but those of whom we wish to think very tenderly, such conduct would be ascribed without hesitation to a base and flagrant hypocrisy. Certainly the professor who circulated that copy of the College oath has more reason to be ashamed of his leger- demain than even of that foolish promise to sing doggrel verses, with which it was accompanied, and which he has never been able to perform. Amid all these angry controversies no means are neglected which may dispose these gentlemen to free conferences and an amicable compromise. Application has been made in particular to one of their number, who is much respected by us all. The liberality of his general sentiments is well known. His opinion was ex- plicitly favourable to the last plan of union, and cannot be supposed unfavourable to this, although his connections may have led him along so far. If he can be prevailed on to assume the office of a mediator, all differences will soon be adjusted. If he can be prevailed on merely to withdraw from active opposition, and to embrace that neutral pacific part which another respectable member of King's College has chosen, the best consequences will probably ensue. Deprived of his countenance, the other six, being such as they are, will hardly choose to stick together alone in so notorious a cause. However that may be, this gentleman certainly has it in Biographical Notes. 233 his power to effect an union of the Colleges if he thinks fit. It is hoped he may consider how much he owes it to his own sentiments, and to the general voice of the intelligent public. Perhaps he may recollect that the friends of union have some claim on him, for that deference to his sentiments, and con- nections, which induced them to relinquish the last plan in silence and rather prematurely. These Letters and Extracts furnish the only instance in Professor Ogilvie's life, where w^e find him revealing himself in his true character, as defender of the rights of the people ; excepting another glimpse in 1 764, when his name prominently appears in connection with a scheme for a Public Library in Aberdeen, which was to embrace the libraries of the Universities. With the exception of these two glimpses, Professor Ogilvie, as far as known, never disclosed his name to the public in connection with anything he did, or attempted to do, during the whole course of his long life. He loved tranquillity, and avoided publicity. It is not improbable that, after due deliberation, he came to the conclusion that his contemplations and schemes for the general welfare of mankind would have more effect if published anonymously than otherwise. His Right of Property in Land was read on the continent of Europe, as the work of an Englishman, who advocated the abolition of serfdom, and who was able to say : " Look at us English, how we have prospered since we became a free people, — you French, Germans, Poles, Russians, etc., want a revolution very badly, we had our last one in 1688 ; you are a full century behind us ". 234 Biographical Notes. Professor Ogilvie must have rejoiced in the abolition of serfdom in France. The Revolution of 1789, ghastly in some respects, was only the natural outcome of what preceded it. Its ruffians were the immediate offspring of serfdom, bred and trained in the schools of tyranny, oppression, corruption, and cruelty. The renowned Charles James Fox, speaking in the British House of Commons, on 5 th May, 1791, in reply to a gentleman who attempted to burke the real facts which gave rise to that Revolution, said : " He considered the Revolution in France to be the greatest event for the happiness of the world that had happened since the Creation ". Professor Ogilvie also lived to rejoice in the still more sweeping land tenure reforms carried out in Prussia. " Nothing, probably," says the late Professor Fawcett, " has so powerfully contributed to promote the extraor- dinary progress of Prussia as the reforms which were carried out in her system of landed tenure, at the commencement of the present century, by Stein and Hardenberg. A feudal tenantry was transformed into cultivating proprietors, who have, probably more than any other class, contributed to the social and material advancement of Prussia."* These reforms were doubtless planned by Frederick the Great, and no reader of The Right of Property in Land would be surprised to learn that a copy of that work, marked '' with the author's compliments," was found inter alia in the repositories of that famous monarch. Such a discovery would not be more surprising than that Professor Ogilvie had some- thing to do with the land tenure reforms carried out by Lord Cornwallis in lower Bengal, in the year 1793. The *Manual of Political Economy, London, 1874. p, 201. Biographical Notes. 235 reader of TJu Right of Property in Land knows the interest manifested by the author in that " unhappy- country '' — India. Addressing himself to our " East India Company " and the " British Government " in 1780-81, he says: "No nobler opportunity, no equal fund for exhibiting to mankind the illustrious pattern of a just and equal establishment of landed property, was ever, by any conjuncture, thrown into the hands of a set of men very capable of perceiving wherein the best use of such an occasion would consist " (p. 108). The following memorandum, in the handwriting of Professor Ross, found among Professor Ogilvie's papers, gives us a suggestive glimpse : — " yune I^tk, 1790. " Mr. Ross has got some Calaitta Gazettes which he will send to Mr. Ogilvie in a day or two hence. The Calcutta publications were stopped at the India House, but Dr. Dunbar says that they will be sent to Mr. Ross soon. When he receives them he will send them to Mr. Ogilvie, at whose desire Colonel Ross sent them." Dr. Dunbar has been alluded to already as one of Professor Ogilvie's radical colleagues. He was the author of Essays on the History of Mankind, published by W. Strahan, London, in 1780. He was also the author of a Latin pamphlet on the American War of Independence ; and, for having taken the side of the Americans, he is described as " being somewhat impru- dent in politics ".* Colonel Ross was evidently a brother of Professor Ross, and very probably, either an old pupil or a fellow-student of Professor Ogilvie. The following letter gives a fuller glimpse of Professor * Personal Memoirs by Pryse Lockhart Gordon, London, 1830. 236 Biographical Notes. Ogilvie's connection with the Regulations which Lord Cornwalh's * attempted to carry out, but which the " per- * Lord Cornwallis wanted to give the Khoodkhast Ryots — that is, the original cultivators, or their descendants — a proprietary right. They got Fixity of Tenure and Fair Rent hy his Regulations. The Zemindar, or Landlord, could not evict them, or extort from them a higher rent than the Pergunnah neerik, i.e., the rent common in the district. This Law, however, was generally violated, and the following is a flagrant example of such violation : — " The Zemindars of Rungpore, Bogra, Mymensing, Dinagepore, and other surrounding jute districts have raised the rates of land rent on jute crops from one rupee per Beegah to seven, eight, and ten rupees". Dacca News, 12th June, 1858. Other Ryots, who were only tenants at will, were the victims of extortion, or eviction, at all times. The Khas (Government) Ryots of Madras were not better oif than the Ryots under the Zemindars of Bengal. "Madras," says the D.N., " we believe maintains an army of 45,000 Cormorants and Vultures under the name of ' Rent collecting peons '." The Company boasted that the Khas Ryots of Madras had equality. So they had; but it was like the equality of "frogs under a flagstone"! " The Company's servants resembled the French nobility." The Sepoy revolt of 1857 was in obedience to Natural Law. The British Govern- ment realised this, and the Company was wound up in September, 1858, Those who had the use of their eyes saw the end coming. Dr. Duff, the famous Indian Missionary, was at the time promoting a scheme for the education of the natives, and when the Company rejected it, he was heard to mutter to himself: " This is the last kick 0/ an expiring ass". The Land Company of Ireland, it is to be hoped, is having its last fling now. A Conservative Government " Relief Bill " for landlords is not a bad sign. But two things are necessary for the purpose of accelerating Irish reform:— (i) The Battering Ram should be used, not here and there, but all along the line, and the British Soldiers engaged at evictions should always get the word of command—" Don't hesitate to shoot ". (2) The Priests of Ireland should trust Heaven, and stay away from evictions. They should give Natural Law a fair chance for once— when it would be seen whether It or The Castle would in the end rule the hearts, and direct the bullets, of British and Irish Soldiers. The Land Company of Scotland carried out the "clearances" in the Highlands and Islands chiefly by the aid of the Protestant and Presbyterian clergy. These oracles said to the people : " This is God's own work " ; and the people succumbed, as they used to do when told Biographical Notes. 237 manent official " took very good care to render, not only useless, but in many cases, oppressive and tyrannical, until the misery of the Native cultivator could find a comparison nowhere on the face of the earth, except tn Ireland : — " Aberdeen, '•4th jfnly, 1792. "My Dear Sir, " On my return from the country last night, I had the pleasure of your letter of the 2nd inst, together with the books. Your remarks on Mr. Law's book seem to me perfectly just. Some of them occurred to myself on reading it. If you will take the trouble to that God sent a plague. Innocent children wondered, deluded women wept, and men otherwise brave behaved like sheep. To rebel against God was considered not only sinful, but utterly hopeless, and the power of describing the vengeance which would await such rebels in the next world, was recognised as a heavenly gift among the clergy of those days. The British Oracle, be it admitted with shame, too often acted, and, in many cases, still acts as ■' the sullen frumpish fool, Who loves to be Oppression's tool." supporting Landlordism and Slavery even from the pulpit, whereas all that can be, said of the vast majority of Irish Priests is, that they unwittingly supported the traditional enslaving policy of Henry II. of England, who, with the Pope's authority, introduced Landlordism into Ireland. But since the date of the Plan of Campaign Rescript, the Nation, the Priests, and the Orangemen are fast becoming one loyal Ireland, and "loyal Ulster " is being eclipsed by the general spread of its own light. Of this, let all ancient Primrose Dames (especially those of the other sex !) take a note ; and let Ulster, which preserved the leaven of reform (its Tenant Right), have its due share of national glory in regard to the improved Land Laws of Ireland. The question is also taking root in Britain. The soil of England, Scotland, and Wales will very soon be declared to belong, by birthright, to the whole people, and not to a handful of so-called landlords. A very remarkable declaration in this direction by our present Prime Minister, Lord Salisbury, will be found in Section X. of the Appendix. 17 238 Biographical Notes. send me a copy of the remarks you mention, along with your extracts from the Essay on Property in Land, I will take the very first opportunity of forwarding them to my brother. I know he will be very happy to receive any communication of that sort, and, perhaps, if Lord Cornwallis remains in India long enough to consider them deliberately, they may be productive of good effects to the peaceable, industrious inhabitants of Bengal. In the meantime, it occurs to me, that as you are so much master of the present state of that country, and of the proposed plans for the management of it, you might give to the public a short essay on the subject, which I am certain would be well received, and might be very useful to those who wish to render the numerous inhabitants of Bengal independent and happy. Your suggestions and ideas might be put in execution there, under a wise and steady government, and in my opinion, it is the only country in the world, at present, in which trials might be made, either on a small or large scale, according to circumstances. " You know I am, with invariable esteem, " Entirely yours, "John Ross." The "short essay," if published, remains to be unearthed. Meantime the brief diagnosis of the distresses of India and Ireland which the author gives in his Right of Property in Land, coupled with the re- medies he suggested, may be accepted as a miniature sketch of a true lover of justice, whose principles, although rejected and despised by the wiseacres of his time, were based upon wisdom and truth. His foresight Biographical Notes. 239 suggests to us wide and accurate knowledge as well as the possession of a very remarkable intellectual crucible. Ireland, poor Ireland, whose sons, Ogilvie tells us, " even in Spenser's time," respected the original right of equal property in land (p. 10), is still labouring under the same curse as in "September, 1780." He then suggested an Agrarian Law, and he unhesitatingly states that "the distresses of Ireland, whatever they may have been, must be allowed by impartial observers to have arisen far more from the abuses of landed property than from the restrictions of commerce" (p. no). What Ogilvie saw with extreme clearness in 1780 is only now (1890) becoming visible to the eye of the ordinary British Politician. Pryse Lockhart Gordon (the author of the Me- moirs above referred to), was a son of the minister of the parish of Ardersier, in the county of Nairn. He entered King's College, Aberdeen, in the year 1776. We are indebted to him for the following interesting sketch of Professor Ogilvie. He says in his Memoirs : — " We attended the lectures of Mr. Ogilvie, Professor of Humanity, three times a week. He was esteemed the most elegant scholar in Scotland of his day; and his translations of Horace and Virgil have, perhaps, never been surpassed ; they ought to have been printed in usmn Delphini. Ogilvie was also a man of great general erudition and critical knowledge, especially in Natural History and the fine Arts. He was a profound antiquary and medallist, though his opportunities of acquiring this taste were so limited. He had, however, collected a little museum, and was rich in rare prints, especially portraits of eminent persons. 240 Biographical Notes. "On my return from Italy in 1 800, I paid my old master a visit ; and though then at a very advanced age, he was in complete possession of his mental faculties, but a cripple with gout. I presented him with a few Greek and Roman coins, which I had picked up in my travels, and also some fragments from Pompeii, and a small genuine Greek vase. It was delightful to see how the eyes of the old antiquary- sparkled (or rather squinted), when I laid before him these treasures as a ricordanza, and the pleasure with which he examined them. I was much surprised to find in our conversation the minute acquaintance which he had of every work of art in Italy, the correctness of his taste and wonderful memory. " He shewed me a large collection of castes in sulphur, which my uncle, Mr. C. Morrison, had presented to the college where he had been educated. They probably would never have seen the light, had they not been committed to the especial care of Mr. Ogilvie. " Many years afterwards, Mr. M., who died at Rome, left by will to this Royal University, the most curious gallery of pictures ever amassed by an indi- vidual, 300 specimens of all the great Italian masters. " Since poor Ogilvie was gathered to his fathers, no attempt has been made, so far as I know, for the recovery of these lost treasures." The recollections of this pupil, it is right to explain, were unearthed after the first portion of these Notes was printed off. It seems that he had not the faintest idea of Professor Ogilvie's advanced views on politics. If he had, he, with the filial regard of a devoted pupil, conceals, what to his understanding, was seemingly a Biographical Notes. 241 dark spot — " imprudent in politics " — on the otherwise unblemished character of his favourite professor. He mentions that the 4th Duke of Gordon visited Italj' in 1761, and stayed for a considerable time in the country of the Grand Dukes of Tuscany* Professor Ogilvie, who, as already mentioned, was travelling tutor to the Duke of Gordon, had then a right royal time of it, and it is no longer a matter of conjecture how he utilized his continental rambles. The Rev. Donald Sage, of Resolis, in the county of Ross, who knew several of the students who studied at King's College, has left us the following notice of Pro- fessor Ogilvie : — " Wm. Ogilvie, the renowned Professor of Humanity and Natural History at King's College, was fresh in the memory of all my contemporaries at Aberdeen College. They never wearied talking of him, and of his unrivalled tran.slations of Virgil's Eclogues. It is much to be regretted that these were not published. He devoted nearly every third hour of his literary life to the stutly of these magnificent specimens of ancient pastoral poetry." f * Cosmo the 3rd Duke of Gordon, was called Cosmo, in compliment to Cosmo de Medici III., Grand Duke of Tuscany, " with whom his father was on the closest habit of friendship ". At p. 81, we find Professor Ogilvie referring to the pernicious effect of the " hospitals and almsgiving of the Italian cities " In the ruins of the house of Medici he must have read an object-lesson of deep interest. The last branch of that renowned family " found Tuscany a prosperous country where art, letters, commerce, industry, and agriculture ilourished, and left her (in 1737) poor and decayed in all ways, drained by taxation, and oppressed by laws contrary to every principle of sound economy, downtrodden by clergy, and burdened by a weak and vicious aristocracy". t Memorabilia Domcstica, Wick, 1889. 242 Biographical Notes. On Monday, 23id August, 1773, the celebrated Dr. Johnson visited Aberdeen. He saw some of the "wise masters". Fir j^/zV, &c., was their motto. The doctor was in a conversational mood, but Boswell tells us : — " The professors were afraid to speak ". Professor Ogilvie must have been from home, otherwise the faithful Boswell would have said^ something about him. Francis Douglas, another literary tourist, visited Aberdeen in 1780. He wrote a minute account of the Universities, and the reader is indebted to him for the following extract : — " About eight years ago, Mr. William Ogilvie, Professor of Humanity, began of his own ac- cord to put together a collection of specimens for a Museum of Natural History, in the King's College, and has now fitted up, and furnished three apartments for their arrangement. The Professor reckons he has already nearly obtained the first object he had in view, which was to procure such an assortment of specimens of fossils, and in the various branches of Zoology, as might serve to excite the liberal curi- osity of youth, and make them, in some measure, acquainted with the immense variety of the works of nature. " He proposes still to go on, enlarging the Museum as new acquisitions come to hand ; but without pretending to adorn it with splendid and costly specimens. In the progress already made, he acknowledges himself to be much indebted to the assistance of many respectable people in the country around ; and modestly says that his own trouble has not been so great as may ap- pear. One is astonished to find so large a collection of Biographical Notes. 243 birds, fishes, marbles, spars, &c., accumulated in so short a space." * We extract the following brief notice from another literary tourist, who came after Douglas : The Rev. James Hall, in recording his visit to Aberdeen, says : — " Professor James Beattie, of the New Town College, nephew of the late Dr. Beattie, seems to know more of Natural History, and the important and now fashionable branches of knowledge connected with it, than any other person I know in any part of Scotland, excepting the accomplished Professor Ogilvie, of King's College here".t Sir James Mackintosh, another pupil of Professor Ogilvie, did not neglect to add a stone to the cairn. He entered King's College in October, 1780, and a quarter of a century afterwards, we find him making the follow- ing note in his Memoirs : — " The lectures of Mr. Ogilvie, Professor of Humanity (as the Roman literature is called in the Scotch Univer- sities), I still remember with pleasure. This most ingeni- ous and accomplished recluse, from whom I have re- ceived a letter within this month (June, 1805), is little known to the public. He published, without his name, 'An Essay on the Right of Property in Land,' full of benevolence and ingenuity, but not the work of a man experienced in the difficult art of realising projects for the good of mankind. Its bold Agrarianism attracted some attention during the ferment of speculation occa- sioned by the French Revolution. :|: But what I remem- * A General Description of the East Coast of Scotland, hy Francis Douglas. Paisley, 1782. Aberdeen, 1826. t Travels in Scotland, by Rev. James Hall, A.M., London, 1807. J J. R. M'Culloch, in his Literature of Political Economy (London, 1845), after quoting these words, adds : — " But, in truth, the author's 244 Biographical Notes. bei- with most pleasure of Mr. Ogilvie were his transla- tions of passages in classical writers. I should distrust the general admiration which attends the vague memory of youthful impressions ; but I now recollect distinctly his version of some parts of the .^Eneid ; and I doubt whether a great poet, distinguished, beyond other excel- lencies, by his perfect style, was ever so happily rendered into prose, as in these fragments of Mr. Ogilvie.'' Sir James Mackintosh was considered, in his day, as being rather in advance of his time, but in regard to the Land Question, he was, at least, a full century behind Professor Ogilvie. The following letters from a grateful pupil will be perused with some interest by every intelligent reader of The Right of Property in Land : — Letter from John Garvock to Professor Ogilvie. "Horse Guards, 6M November, 1812. " My Dear Sir, — Major Tod did me the favour of calling upon me this morning, as he informed me by your desire, and I need not tell you what gratification it afforded me to find that I was not forgotten by you. I was much pleased to learn from the Major that your health is tolerably good, and that you are still enabled to continue your attention to your favourite pursuits. And I am induced to flatter myself with a hope of having this agreeable intelligence soon confirmed under your own schemes, however well intended, are not impracticable only, but mis- chievous ; and his principles and reasonings are alike false, shallow, and sophistical. Probably, however, it was hardly necessary to say so much of a work that never had any influence, and which has long been for- gotten." iV.S.— Poor J. R. M'Culloch had no idea that he was writing his own certificate of character when he penned this criticism of The Right of Property in Land. Biographical Notes. 24S hand, than which, in truth, nothing could be more accept- able to me. " It is now very long, indeed, since I had the pleasure of any communication with you, but this I must attri- bute entirely to my own negligence, for it was my duty to have paid my respects from time to time to you, without regard to the regularity of your returns, and, however uninteresting my correspondence might have been, I have experienced so much of your partial in- dulgence as to satisfy me it would have been kindly received. " You have, I presume, just commenced your session, and though my mind has long been necessarily too much estranged to literary habits. Alma Mater at this moment rises distinctly to my view. I feel the former fires — veteris vestigia flammcB — and all those impressions (never to be obliterated), which I received from your tuition and society. I have so little inter- course with Aberdeen, that I am quite ignorant of the state of the college now, but while you remain a member of it, the true interests of literature and liberal knowledge, I am sure, will never be forgotten. I well remember, however, that your corporation formerly possessed a due proportion of that salutary dread of innovation, I will not say reform, which has long pervaded the nation at large ; and such feelings are too apt to gain instead of losing ground by time. . . . "With sentiments of the truest respect and attach- ment, and with every good wish, believe me to remain, " My Dear Sir, " Your ever obliged and faithful, " John Garvock." 246 Biographical Notes. Letter from John Garvock to Dr. Kerr, Aberdeen. " Horse Guards, London, " 23rrf February, i8ig. " Sir, — Having understood that you were the profes- sional attendant and intimate friend of the late Professor Ogilvie, whose death I have seen announced in the public papers of this day, I venture, though an entire stranger to you, to request the favour of your making me acquainted with the circumstances of his last illness. " I have no correspondent in Aberdeen, to whom I could look for such information, and that I should feel no ordinary interest in this melancholy event, would not surprise you, if you were aware of the unbounded kindness I experienced from Mr. Ogilvie at an early period of my life. His uniform partiality to me, for many years before I left Aberdeen, was indeed well- known to others, but myself alone could know the full extent of his goodness, and of my own obligations, the sense of which has continued to increase as I have become better able to appreciate the value of his friendship, and the unrestricted intercourse to which he admitted me. How much a young man must have been indebted to that intercourse, I need not tell you, sir, who have enjoyed his society. From him I imbibed principles and tastes, which will abide with me through life, and always prove, as they have hitherto done, their own reward. " Thus thinking and thus feeling, you will, I am sure, allow for my anxiety on the present occasion, and I trust it will afford yourself a melancholy pleasure to give some account of your lamented friend to a person who must ever take a lively interest in every thing connected with his memory. Biographical Notes. 247 " Will you have the goodness to inform me, whether any portrait of Mr. Ogilvie is in existence, and how his papers, which must be numerous, are to be disposed of? " I remain, with much respect, sir, " Your very faithful and obedient servant. "John Garvock." Who was John Garvock ? will naturally be asked. Well, it is to be hoped some representative of his will answer that question, and, perhaps, at the same time, furnish more particulars about the life and work of Professor Ogilvie. It may be as well to answer the question about the portrait now. The photogravure at the beginning of this volume is from a miniature, by Archibald Birnie, Artist, Aberdeen, dated 1819. It was kindly lent by Mrs. David- son, of Gordon Terrace, Inverness, Professor Ogilvie's nearest relative now living, and one of the very few sur- viving descendants of seven nephews and six nieces, who survived him as next-of-kin, in 1819 — an instance which somehow does not square with the multiplication table of Malthus. This portrait is an undoubted likeness. When shown recently to Mrs. Gibb, of Old Aberdeen, she recognised it at a first glance. " That's Professor Ogilvie," said she, " Eh ! but it's hke him " — and critically examining it in detail, she continued — • " his hair," " his eye," " his nose," and " his ear " — "all is like him, except this" — pointing to his neckcloth. Then she explained, with a smile, that " he was generally not so braw about the neck ". " You see," she added, " he was a great scholar, and was aye studying and writing, and was somewhat careless about 248 Biographical Notes. his dress." On being asked if she thought the portrait was taken after death, she replied : " I don't know, but anyhow, this is tlie image of the living man". Mrs. Gibb was born in Old Aberdeen, within a bow shot of King's College, in the year 1803. She is a most intelligent person, and her faculties are still wonderfully bright. She is the only person now alive that knows anything of any consequence about Professor Ogilvie, from personal knowledge. With regard to the important question of Professor Ogilvie's MSS. — What became of them? — It is impos- sible at present to say. This is to be regretted, not only on account of his famous translations of Latin authors, but also on account of his own original productions — 'his contemplations and schemes for the general welfare of mankind '. The reader, doubtless, would like to see his History of Property in Land— "treating more at length of the Mosaical Agrarian, considered as an economical regulation" — unearthed, and "offered to the public " (p. 25). We may assume that many anonymous contributions from his pen appeared in periodicals, in pamphlets, and in the Press, during his life, but without his MSS. it is now difficult to trace such works with certainty to him. It is, however, the loss of his unpublished works that we deplore most. Shortly after his death, the whole of his MSS. were "-nailed up" — "in six or eight large boxes " — to await the return of one of his nephews, James Ogilvie Tod, an Indian Judge, who was thought to be in possession of the author's own instructions regarding their disposal. Their interment by his next-of-kin was, perhaps, justifiable in those days, but if cremation was latterly adopted, one feels very much in need of praying Biographical Notes. 249 for a double share of the author's own spirit of magna- nimity, to be able to touch the subject with a " gentle hand " The children of that period may be excused. It was their misfortune to have been born and brought up under a reign of tyranny, bigotry, and hypocrisy. The State Church, although based on democratic lines, approved of Braxfield's doings. It issued a " Pastoral Admonition " in 1799 against Sunday Schools, and described the teachers as " notoriously disaffected to the civil Constitution of the country ". Thomas Muir had a copy of TJie Rights of Man in his possession, and this was made the principal crime for which he was banished. Burns, in order to escape a similar fate, had to hide his copy, and The Age of Reason, with the black- smith of Dumfries. Professor Ogilvie's works would be considered more criminal than these. The man who dared to deny the divine origin of rents and tithes, and, moreover, who boldly defined them as " the improvident regulations of human law,'' and who was able to cite Moses as his authority, would, doubtless, be considered more dangerous than the renowned Thomas Paine. It was, perhaps, on this account that no lair could be found in the Aberdeen University Library for a copy of The Rights of Property in Land, while The Rights of Man did find a place in that consecrated ground. One of the books which Professor Ogilvie had beside him when he died, was the University Library copy of The Rights of Man ; and it is not improbable that the very last stroke of his pen was employed in reviewing that book, or in revising a new work on The Rights of Man to the Land — how lost, and how to be regained. The schemes of this " ingenious and accomplished re- cluse " pointed towards the possibility of Paradise re- 250 Biographical Notes. gained, even on this earth. He had no grudge against the Creator for having made the earth as it is. Examin- ing human nature, he compared the happiness, health, and virtue of mankind in town and country. He de- clared in favour of the latter, and against monopoly in land. His " projects for the good of mankind " will stand the test of time. ■ When Macaulay's New Zealander visits England, it is not the ruins of her edifices that will engage his thoughts, but her neglected fields. It is there he will read the story of her decline and fall. The roofless walls of the great London palaces of dukes and lords will not cost him one sigh. Land monopolists, he will say to himself, were also the ruin of his own country. The game is the same everywhere. A corrupt dog-in- the-manger governing class is formed, and idleness and taxes are enforced on a landless people, with the usual and consequent miseries, vices, and crimes. This lesson is being learned even in America and Australia, with their millions of acres lying waste, while thousands of men and women are starving in the large cities, and com- pelled to — ' heg a brother of the earth To give them leave to toil '. Tasmania furnishes a striking instance of a new country ruined by landlordism. " Within five miles of Hobart is an estate that was once called the granary of Tasmania. It is now a sheep run. First came the absentee landlord, who, living 12,000 miles away, cared nothing for his estate, but to squeeze all he could out of it. Next came a landlordship of trustees, in which the very possibility of a personal interest was destroyed, and under which the estate fell into worse and worse condi- tion, houses in ruins, fences falling to decay. Last came Biographical Notes. 251 the kind of landlord on whom so many pin their faith, the occupying landlord, and he swept all the farmers ofif the land, and turned it into a sheep walk." * The occupying owner of this kind, the rack-renter, the middle- man, the large grazier, and, as in the Highlands of Scot- land, the deer forest monopolist, are among the worst plagues of society. They destroy the most important of all industries, and drain the last drop of the best blood of a nation. Ireland, Scotland, and Wales are ripe and ready for reform, but England blocks the way ! This is not strange. What else could be expected of a country where Church Livings may be bought and sold like the shares of a Brewery Company, and the serving of the cure (of souls) is done by starving curates, while idle rectors fatten on the tithes ; and where the sons of the aristocracy and the rich are educated in the great National Charity Schools of Oxford and Cambridge, and the sons of the peasantry practically excluded, notwithstanding the Christian pre- tentions of these public institutions. We get a near view of Professor Ogilvie's character in sections 38, 39, 40, and 59, where he deals with rents and tithes. After pointing out that an idle landlord who draws his rents, and an idle rector who draws his tithes, are both '' sinecurists " and " free-booters," he gives a hint to the cure-serving parsons to make common cause with the "laborious classes". "It would not," says he, "ill become the ministers of any Church to assume the patronage of these men, * Pamphlet by Mr. A. J. Ogilvie, who is himself a considerable land- holder in Tasmania, and who holds similar views with his namesake of King's College, including the Single Tax scheme. Landlordism he defines as " legalised robbery " ; and, with regard to Ireland, he says, "what we want is not to change the robbers, but to stop the robbery " . 252 Biographical Notes. and to stand forth as the advocates of their natural rights and the guardians of their independence, in opposition to the opulent (duke, earl, or lord), the luxurious (upstart landholder), and the idle (ecclesiastical sinecurist), who, in too many respects, domineer over them." The clergy are, as a general rule, bribed and cor- rupted by despots and politicians. Even the immaculate Joseph made the priests of Egypt his friends, by not touching their glebes, when he relieved the Egyptians of their money, cattle, horses, asses and also their land and their liberty, made Pharaoh a tyrant, and, for the first time in the world's history, invented landlordism and rent : " so the land became Pharaoh's. And, as for the people, he removed them to cities, from one end of the borders of Egypt even to the other end thereof; only the land of the priests bought he not." He was an exceedingly smart yi?zy, like his father. These particulars we get from Moses, but never from the pulpit. Joseph gathered the corn (Gen. xli.). It is not said that he bought it. It is, however, narrated (Gen. xlvii.), that he sold it at a most extortionate Jewish price. He was not over scrupulous as to compensating the claims of the landlords. \i& d\di \t commercially . For their land, and for themselves as slaves, he gave seed corn for one year's crop. Moses, with severe sarcasm, puts the following words in his mouth : — " Behold (said Joseph unto the people), / have bought you this day, and your land : lo, here is seed corn for you, and ye shall sow the land ; and ye shall give one-fifth part of the crop to Pharaoh," your land- lord, as rent. When the feudal Pharaohs in other countries relieved the people of their land, they did not give even one year's seed corn as the price thereof The modern Joseph is Biographical Notes. 253 also different : He pockets all the money he can lay hands on, and is thus guilty of swindling Pharaoh, as well as the people. In regard to the fixing of rent, old Joseph was quite a model land steward, but, unfortunately his virtue, in this respect, is never held up for imitation. The morality of expositors, somehow, cannot get beyond the charms of Potiphar's wife. The Land Question lessons in Joseph's life, and else- where occurring in Holy Writ, are systematically ignored and misrepresented by the majority of the clergy. Ogilvie refers to this (p. 25). A sermon, finding fault with Joseph, in regard to slavery, extortion, and evic- tions, or commending him for the comparatively mode- rate rents he fixed, would be apt, not only to displease The Powers that be, but would be considered sedition and treason in some quarters. The clergy are, there- fore, quite mum on the subject of all earthly things (tithes alone excepted), until there is some proposal to restore the land to the people, and then they out-lawyer the lawyers in maintaining what they call the " law of the land". They mean the law of the landlords. And they scruple not to hold up Moses (the Prince of Revo- lutionists) as a pattern of Law and Order ! Even the Apostle Paul, who was treated as a rebel against Law and Order during the whole of his Christian life, is claimed as the principal godfather of " The Powers that be " ! Paul had no faith in the Divine Right of tyrants, landlords, and magistrates. He tells us how he fled from the magistrate of Damascus (as from a tiger) — " through a window, in a basket, was I let down, and escaped his hands ". Napoleon I. utilised the clergy. He knew that his despotism could not be maintained without the powerful aid of Priestcraft. He got himself anointed by the Pope, 18 254 Biographical Notes. and made the French people adopt a portion of the West- minster Confession of Faith, by which (in accordance with the Decalogue, and the Gospel ! ! !) he became an object of worship as vicegerent of the Almighty. Britannia must not smile at Gallia. It is meet that both should pray : " O wad some Pow'r the giftie gie us To see oursels as others see us ! It wad frae monie a blunder free us An' foolish notion : What airs in dress an' gait wad lea'e us And ev'n devotion ! " when comparing the following extracts : New Catechism pro- cured by Napoleon I., and estabhshed by the Pope's Bull, and an Imperial de- cree, for the use of the French Church, taught (1807) in every parish of the Empire. Q. Why are we boimd to love, respect, and obey, the princes who govern us, and, in particular, Napoleon I., our Emperor ? A. God, who creates em- pires, has established him our sovereign, has made him minister of His power, and His image on earth : To honour and serve our Em- peror is, therefore, to hon- our and serve God Himself. The Confession of Faith and Catechism, formulated by the English Divines of 1643, and adopted by the Scotch landlords in 1649 and 1690, as the "Confession of the Church of Scotland " Q. Who are meant by father and MOTHER in the Fifth Commandment ? A. 'Qy father z.n- they will pass an Act of Parliament for having efery pody porn into the world with equal rights to eferything, and even the most sacred rights which the landlords hafe to the land will be con- troverted! and all rents, and, may pe, all tithes too, confiscated — among the community at large. " There is no toubt these things are coming fast, for the young clergy are peginning to pe ferry radical whatefer, and they now lay kreat stress on the words : Tfiat God is no respecter of persons, and such like Piple texts, without modifying them in any way py the Confession of Faith. And, in like manner, they fix upon the words Thy Kingdom come : Thy Will be done on THE EARTH, as it ts in heaven. For, you see, there will pe no landlords there whatefer ! Now, this is a kreat innovation ! as the old ministers were always ferry careful not to meddle much with the "earth," and the rights of the landlords therein, for fear of preaking their vows under the Confession of Faith, which en- joined full obedience and subserviency to the landlords, on the 274 Biographical Notes. part of the common people whatefer. But landlords are now fairly secularised, by the Patronage Act of 1874, and are no longer the patrons of religion they once were ; and that peing so, who can tell what may come to pass within a few years ? Perhaps, even the Free Church minister of Strathconon may pe seen joining in a teer raid before long ! For the clergy must follow the people in these temocratic tays, pecause the people have 2!^ patronage whatefer ; and we see that ferry clearly, when Free Churchmen in Lewis exercised the moderate franchise py voting for that Land-Leaguer The Rev. Tonal MacCallum, and made him Parish Minister in spite of the landlords, and of the Moderate Presbytery too, all py the Act of 1874, which is a ferry radical Act whatefer. " And it is only now, that the people at large are finding out that the Established Church pelongs to themselves, as citizens, and can pe ruled py them as they rule and manage the School Boards, and that it must not pe used any longer as the pulwark or fortification of landlordism, as in the past. It is the wicked Land Leaguers that are to plame for kiving such tangerous knowledge to the people, for the ' agitation ' has stirred them up to make inquiry apout all their rights ; and the Free Church which stood up for the apolition of Church-lordism in 1843, 's put into a strange fix as to the apolition of land-lordisni now. The Free Church is in kreat tanger whatefer— all caused py that Primrose Leaguer, Lord Beaconsfield, who passed that Radical Act of 1874. ." The changes that are now taking place are ferry extra- ordinary, when we consider how the landed gentry and the clergy worked hand in hand in times of old. Things were not so hard on the clergy even in more recent times, as they are now. And I'll tell you apout that. My wife is a Minister's taughter, and her father and mother were going to elope, putt to prevent such a scandal the Laird kave him a presentation of the Parish Church, and he was at once appointed assistant and successor to the old Minister. My wife's mother happened to Biographical Notes. 275 pe a natural taughter of the I^aird himself, and she used to say that if she had peen porn a poy she would have had a Commis- sion in the Army, instead of pecoming a Minister's wife. How strange Providence is ! especially when there's a woman mixed up with it, which is ferry often the case ; for I'm sure that my wife has been ferry much mixed up with my own Providence in this world, although I was nefer so lucky as to get a church and a wife by the one stroke. " Well, my wife's father's family was ferry little trouple to him whatefer, for they kot education and situations ferry easily in those tays. And one of them, named Angus, who did not care apout college education, went to Australia, and kot on ferry well, and has thirty thousand sheep — he and another who was only a Crofter's son here. And they hafe more land between them there than the Tuke of Sutherland has here. He was home the other year, and he is a terrible Land Leaguer. He said that the Crofters and the people were kreat fools to leave the land with the Tuke of Sutherland or any other landlord whatefer. He said that pefore the Crofters' Act was passed, and nopody pelieved him then whatefer, except the agitators, who took for Kospel efery word he said. " That was shortly after the Tuke was made a cat's-paw by London Jews, who lent him apout a million sterhng at 3 per cent, on the security of his lands ; to pe kiven py him to Turkey's King on no security whatefer, on the expectation of 7 or 8 per cent, interest. And this was the reason that the Tuke turned such a terriple Turkophil Tory. He has still to pay the interest to these Jews, and the money he sank in Turkish ponds will nefer rise whatefer ! And that's the gate the pulk of the land rents go now, to keep up Turks, who hafe many wives, or to feed London Jews, who are no petter whatefer. Some say a good teal of the Sutherland rents are paid to the Free Church for the interest of ;^i 00,000 sterling which, it is said, the Tuke porrowed from the Free Church, to settle with some of these London Jews, who were afraid of the Highland 276 Biographical Notes. agitators, and therefore called up some of their loans. This was a Judas tesign to ket the Free Church financially interested, so as to keep town the land agitation whatefer. Putt as the agitators look upon all lenders to landlords as enemies and oppressors, there is a kreat fear at present apout the money lent to landlords by the Free Church, as she may loose the people and the money too ; unless Principal Rainy, who is a ferry cute man, changes these investments into something else, such as the improvement of land, and making harbours, and railways, and mills, or any public thing for the goot of the people, instead of kiving the money to landlords, who hafe too much money to spend on mischief already. This is what Angus used to say ! He also suspected that the Pope and his Pishops, who are ferry rich in money, must be also inveigled in landlordism and ponds. The English Pishops, he called them out and out landlords themselves. And as for poor EngUsh curates, and poor Irish priests, he considered them quite as innocent and as ignorant of the mischief as private soldiers are of the causes of war. Angus was a kreat Radical, although he was a minister's son. ' ' The old Minister himself was also a ferry intependent man, and though he was ferry old in '43, he came out. And his wife was ferry manly too, and she would rather live in a parn than be under the patronage of the landlords after her own father lost the land, and the whole affair was managed by pondholders, lawyers, and trustees, for you know what sort of a Minister they would put in after her husband would tie. It would be the one that would pay them the most money, and they would not care apout preventing an elopement or any other scandal whatefer. Putt you see how different Providence worked with the old lairds. " There was another curious thing : There was the woman who was the mother of my wife's mother, you know. Well, you understand, the laird was a ferry kind-hearted man, and tid not put her away empty whatefer. And with the money he Biographical Notes. 277 leave her she married a shepherd, who was a sort of an English- man, prought here to set agoing the sheep-farming, for they were just evicting the Highlanders on account of the sheep craze at the time. Well, she and this shepherd kot a whole desolated klen as a tack to themselves, and all the hills apout besides. And they made thousands of money, and were aple to take more tacks for their sons — all made of the lands from which the Highlanders were evicted. And some of their tescendants are the piggest tacksmen to-day in the whole High- lands, and hafe plenty of money yet, although they lost a lot of it on sheep not long ago. And the tescendants of the laird who kave the first money to their kreat-krandmother are now quite empty. Putt still money is not everything, for they hafe no gentle plood in them as my wife has, and for that reason my wife and her relatives ton't like to mix with them whatefer, and especially pecause they are riot a true preed, putt only a ferry pad Sassenach mongrel cross. And, moreofer, they must hafe some of the eviction curses on them pesides. And there is no toubt the agitation, and the Crofters' Act, and also the tear forest craze — Winans, you know! — is all ferry much against them, for something was sure to catch them apout the third and fourth generation. "And here we see how ferry strange the Providence of God works. For, there was so much cruelty and oppression tone at that time to thousands, who were evicted ; and God — who is always a ferry just God, howefer difficult He is sometimes to understand — saw it just, and — as it were — more expedient, and even more merciful, to distripute the punishment among the tescendants of the men who tid, or helped to do, that mis- chief. For how could God make full justice to the thousands who were oppressed, and whose tescendants also suffered, if he wasn't to extend the punishment to the tescendants of the op- pressors whatefer? And this is the way God paffles all the philosophers, who turn their packs upon theology, when they try to understand things which they cannot understand ! They 278 Biographical Notes. ko entirely upon reason, and they are men oi ferry little faith whatefer ! And all these philosophers are ferry foolish and ferry plind, for they ton't see when a person kills the chicken of a rat, or fox, not many months old, and not guilty of any mischief whatefer, that it is for the iniquities of the parents that such innocents are killed, and also pecause they have the same plood and the same mischief in them too. Putt there is no (rord apout this, when "Cut. philosophers, as they call themselves, are criticising the justice and wistom of God when He takes a young rat or a young >x in hand. And that's the way they tont understand, for they are ferry plind whatefer. "Now, there was a ferry special curse put on the Palfoors at the time of the Strathconon evictions. And Lady Ashpurton, who is a Mackenzie and a ferry godly woman pesides, pelieves it all, and ferry likely that's the real reason and not pecause he has no title, that she would not have anything to do with Mr. Palfoor as a son-in-law. It was said that the taughter herself was nearly as fond of him as he was of her, and he was ferry fond of her whatefer, for she was peautiful to see, and she had apout _;^6o,ooo a year pesides. Now what was the reason that poor Mr. Palfoor lost that prize ? Don't you see clearly it was shust the Curse of Strathconon. For it was the fear oi that curse that put the girl's mother so much against the marriage. Now, is that not a terrible Providence ? It is moreofer ferry tifificult to understand, for you see the loss of that prize to Mr. Palfoor was a kreat loss to the Free Church too, for he could havekiven much larglier to the Sustcntation Fund if he had not lost it. "Putt poor Mr. Palfoor toes not understand apout these things, for he was prought up in a country where they kave up the Confession of Faith, and where they have only thirty-nine Articles ! and he is shust as ignorant as his uncle ! And the radical papers are not ferry far wrong when they say that it is shust a case of the plind leading the plind. For, you see, what plunders Mr. Palfoor tid when he was man-hunting in the Isle of Skye ; — prisoning men, and also poor women — one of Biographical Notes. 279 them peeing tragged by the Police across moors ferry shortly after child-bed, carrying her newly porn child until she nearly fell tead on the way. Many other insulting things were tone to provoke the people to a rebellion, so as to shustify the sending of Police and Marines there. Shust think of the poinding of a Crofter's papy py a sheriff officer, who valued the papy at only one sixpence ! and, poinded a collie tog puppie which was lying aside the papy's cradle at one shilling ! "Now, that was such a foolish thing to do, that you could not think it possible, until you saw it stated in all the news- papers. After thai, the whole country pecame Land Leaguers, and I myself had to attend their meetings, otherwise my congregation would not come near my church whatefer. And was not I thinking to myself often that that was the real way so many Irish Priests, and other Clergy, hafe peen coming so much to the front in the Agitation, since his uncle sent Mr. Palfoor to Ireland. For he is, in my opinion, triving them as hard as he can to more and more agitation, and he and his uncle will never see it until the whole mischief is tone. Putt that old radical, the G.O. M., as they call him, is a ferry cute old poy, and he sees ferry well what he is apout. Putt things hafe been triffen too far py the other side, and may pe his Home Rule plans, unless he makes them ferry advanced, will pe thrown aside altogether." This rough sketch is continued in the Appendix. The reader must not imagine that the Highland " divine " is more servile to landlordism than his Lowland brother. On the contrary, clerical servility increases as you de- scend to the plains and wend your way towards, and over, the Border. This is the opinion '' of one individual, thinking freely, and for himself". Reader, do not believe in any body's ipse dixit, but test the alleged fact by "free inquiry," beginning at your own Jenisalevi, city or country. How many Land-League parsons can you 28o Biographical Notes. count there? And how many are mere slave-drivers, and nothing else? In the beginning of this century there lived in England a certain " divine " named Malthus, who is famous for having produced the most immoral and the most blas- phemous picture of Venus that ever saw the light of day. He said : " A man born into this world, if society do not want his labour, has no claim of right to the smallest portion of food, and in fact has no business to be where he is. At Nature's mighty feast there is no vacant cover for him. She tells him to be gone." The Goddess of British Theology is here represented as a shameless, unnatural, unjust, and cruel monster, who brings forth millions of children, and not only neglects them (with the exception of a favoured few who resemble her own image, ii la Malthus), but will not allow them to procure, by their own labour, the smallest portion of food, and they die of starvation ; while she — this voluptuous and whimsical goddess — delights herself at mighty feasts, where a few brats like Sir Thomas Lucy guzzle and gorge. Yes, and men like William Shake- speare and Robert Burns are peremptorily ordered to begone ! And the land-of-their-birth is wasted as parks, where rabbits, hares, and deer — sacred animals, because kept and fed for the table of Sir T. Lucy and others of that Ilk — may roam at ease and pleasure. There were many "divine" priests of the Malthus order long before "Christianity " was used as a means of keeping mankind ignorant of the impartial love of one God, "The Father," and the birthright of "His children ". The Malthus goddess — the Religion of priestcraft and landlordism — was an old woman even in the time of Biographical Notes. 281 Lucretius, and was then supposed to be in a dying state ; but having secured herself an annuity (rent), by means of a charter to which her priests forged the signatures of the Most High God and His Son, she renewed her youth, and foolish men still worship in her temple ; and while mothers and children starve, these worshippers frequently lay their all upon her altar. Without similar facts staring him in the face, as we find pictured by Malthus, and, alas ! we still see in England, Wales, Ireland, Scotland, and Russia, Lucretius could not have written : — " Humana ante oculos fcede cum vita jaceret In terris oppressa gravi sub Religione, Quae caput a coeli regionibus ostendebat, Horribili super aspectu mortalibus instans."* Nor this : — " genus infelix humanum ! talia Divis Cum tribuit facta, atque iras adjunxit acerbas," etc.t Nor the passage beginning : " Nam vehiti pueri trepidant',' etc., which that prince of translators, Dryden, has put in words of his own, as follows : — " And just as children are surprised with dread, And tremble in the dark, so riper years, '' Even in broad daylight, are possessed with fears, And shake at shadows fanciful and vain. As those which in the breasts of children reign. * Indeed, Mankind, in wretched bondage held, lay grovelling on the ground, galled with the yoke of what is called Religion ; from the sky this tyrant showed her head, and with grim looks hung over us poor mortals here below. + Unhappy race of men ; to ascribe such events — to charge the gods with such distracted rage. What sorrow have they brought upon them- selves ? What miseries upon us ? What floods of tears have they entailed upon our posterity ? 282 Biographical Notes. These bugbears of the mind, this inward hell, No rays of outward sunshine can dispel ; But Nature and right Reason must display Their beams abroad, and bring the darksome soul to-day." And there must have been Balfours in those days! otherwise Lucretius would not have said : " Tentat enim dubiam mentem rationis egestas ". For the ignorance of causes leads to very grdi.ve philosophic doubts ! And the following is a palpable hit : — ■ " Circumretit enim Vis atque Injuria quemque, Atque, unde exorta'st, ad eum plerumque revertit,'' etc. " For Coercion and Oppression entangle the man that uses them, and commonly recoil upon the head that contrived them. Nor is it easy for that man to live a secure and pleasant life [playing golf!], who by his conduct breaks through the common bonds of peace. " Besides, what heart does not faint with a dread of the Gods ? " Do not the people and the nations shake ? And proud tyrants, struck with fear of those avenging Powers, tremble every limb, lest the dismal day were come, to punish them for the baseness of their crimes, and the arrogance of their speeches ? " In consequence of a Strathconon rumour that Mr. A. J. Balfour is to take English " Holy Orders," having utterly failed as an Irish clerk, I have anticipated the position by placing him here with "divines ". I know I am touching holy ground ; and in approach- ing the shade of the venerable and benevolent Thomas Chalmers, the patron saint of my own particular sect, I at once unshoe. But the truth must be told. He was a believer in the "divinity" of the doctrine of Malthus. Biographical Notes. 283 As Professor oi Auld Kirk " Divinity" in the Edinburgh University, he was bound to be so. The Au/d Kirk of Scotland was, and is, as much leagued with landlordism as her Irish sister — the feudal Establishment of Henry II., or her English sister — ^the feudal Establishment of Henry VIII. Professor Thomas Chalmers, in the year 1841, published his Parochial System. In it, he says that God implanted in human nature that "homage," "deference," or " reverence," usually rendered to the holders of wealth. He did not look upon such servility as the conventional dregs of slavery. On the contrary, he says that, this worship of rank "is inserted, as a principle in the human constitution, by the author of our frame". And why? For the "beneficial end " of maintaining " the stability of OMX social system" — the landlord Government of his time! These are the words of Thomas Chalmers, D.D., Professor of Divinity ! How different from the words of Robert Burns, the man ! — who says — " The rank is but the guinea stamp ! " How different also from the words of William Ogilvie, Professor, and also the genuine friend, of Humanity ! And how opposite, let it be said with all reverence, to the words of The Man — Christ. But Thomas Chalmers was not a mere "divine," a mere theologian, a mere Professor. He was also a 7nan ; and he had a genuine human soul, which, we know, he saved from being strangled bj' the red tape of "divine " theology. In 1841 he was watching the prognostications of the coming doom of landlordism. Although he regarded " the public feeling of reverence for the grandee of a neighbourhood " as natural as the feeling of reverence children have for their father, still he, casting his D.D., etc., aside for a moment, warned the aristocracy that — " A man's a man, for a' that ! " 284 Biographical Notes. "For," says he, "though a reverence towards the holders of rank be natural, the resentment of their oppression is also natural." He points out that this resentment is a just cause for a revolution. "Should there ensue," says he, " such a crisis, then it will not be the multitude who are alone to blame for it, but the holders of fortune and rank will have their full share and responsibility for its atrocities and its horrors". Besides the " dark and angry passions of the multitude, in the fearful crisis of a sweeping and destructive anarchy now awaiting us," he speaks of " the vengeance of a neglected population " ; and points out how the " higher orders" are "more culpably and inexcusably " to blame than the "lower orders" for what may happen in "that coming tempest ". In 1843 Thomas Chalmers was the chosen leader of a Scottish revolt against landlordism for securing " spiritual independence'^ — namely, the power to choose their own clergy, bodily slavery remaining as before. They talked " o' patronage an' priests, Wi' kindling fury i' their breasts." They dared not talk about anything else, and hence they brought forth a miserable mouse — The Free Churchl The old feudal chain was left round the corporal necks of pastors and people as before, and new bonds and chains were now added in the shape of leases or charters for the sites of churches and manses, by which the bondage of vas- salage was re-established by the lords of the soil ; the so- called free pastors and people being obliged to submit, otherwise they would be guilty of breaking their vows under the Confession of Faith. What a lesson we should learn from a study of the life and times of the benevolent Thomas Chalmers, regarding the pernicious effect of " divine " theology on thf miiuj^ of men. TRe^ole thing, when we examine it |:arefiy;yj^w^to have subsided in the dregs of mere despotism, Js^tflL^fttsJf the hope of some favourable result — some vautsta EAmfl^ permanent, though but moderate, improvement ; some fortunate establishment that shall succeed these storms, as our revolution in 1688 succeeded the civil wars. I even build some hopes on the transcendent talents of Buonaparte. It is impossible for me to believe that this child and champion of popular rights, so endowed by nature, formed, as we are told, on the best ancient models, and tinctured with the sublime melancholy of Ossian, can prove ultimately unfaithful to the glorious cause, the idol of his youth." The following note shows that the most interesting part of the Professor's letter was not considered of much importance in 1835. The Editor says: — " Mr. Ogilvie, with a generous ardour, then offers to communicate to Sir James some observations on property in land, which he imagines may probably be applicable to India, and tend to improve the condition of the natives of that country ". In perusing the following reply by Sir James, the reader, in considering that portion of it which refers specially to the condition of Europe, has to keep in view 21 302 Biographical Notes. the wonderful military success of Napoleon during the intervening period, 1805, 1806, and 1807, by which he became Master of all the thrones in Europe, Britain's alone excepted, and how difficult it must have been to form any definite opinion in regard to such unprecedented events : — "Bombay, Feb. 24, 1808. " My Dear Sir, — That I have not sooner answered your letter, by Mr. Rose, in the beginning of 1805, has not been owing to any insensibility to the value of that mark of your remembrance. On the contrary I assure you, that after repeated perusals, that letter has not yet lost its power of producing strong emotions in my mind, such as are naturally excited by the generous spirit which it breathes, and by that union of elegance with energy, which so much distinguishes it. At the distance of twenty- five years, I recognise your unabated fervour and vigour : I call to mind the energy, which first roused and directed my own infant powers, and I feel myself most warmly disposed ' To bless the place, where on the opening soul First the sacred ardour stole '. " With these feelings, you may do me the justice to be- lieve, that I should have gratified myself by rendering service to the nephew of Dr. Reid, whose philosophy, like you, I do not embrace, but whose character and talents every cultivator of science must venerate. * * * " I admire the intrepid spirit which supports you against political despondence, in the midst not only of the disappointment of our hopes of a better order of society, but of the destruction or immediate danger of all Biographical Notes. 303 the best institutions transmitted to us from former times. There is a sense in which I too do not despond, or, more properly, do not despair. I still think that a philoso- phical survey of human affairs teaches us to consider the race of man as engaged in a progress often checked, long suspended, but always to be traced through the darkest mazes of history, and of which the boundaries are not assignable. Moral or physical revolutions may destroy it entirely ; but there being no examples of such within the period of historic record, we must consider them as events which, though possible, are not entitled to any higher place in the scale. " It is certainly true that the longest and most dread- ful suspension of the progress known to us, the irruption of the Germanic nations, was so far beneficial that it was succeeded, though after a long interval, by a better form of civilization than that which preceded it ; nor can we conceive how that better order could have arisen, without the previous calamities. In this large sense, I do not despair of the fortunes of the human race. With my admirable friend, Mr. Dugald Stewart, I am ready to say, — ' Fond, impious man ! think'st thou yon sanguine cloud, Raised by thy breath, can quench the orb of day ? To-morrow he repairs the golden flood, And warms the nations with redoubled ray.' — \GrayH Bard.] "But the moral days and nights of these mighty revolutions have not yet been measured by human intellect. Who can tell how long that fearful night may be, before the dawn of a brighter to-morrow? Experience may, and I hope does, justify us in expecting that the whole course of human affairs is towards a better state ; but it does not justify us in supposing that many steps of the 304 Biographical Notes. progress may not immediately be towards a worse. The race of man may reach the promised land, but there is no assurance that the present generation will not perish in the wilderness. " The prospect of the nearest part of futurity, of all that we can discover, except with the eyes of speculation, seems very dismal. The mere establishment of absolute power in France is the smallest part of the evil. It might be necessary for a time, and, as you observe, it might be followed by a more moderate, popular vibration, which, like our Revolution of 1688, might have settled near the point of justice ; but that seems no longer possible, nor, if it were, would it be sufficient. Europe is now covered with a multitude of dependent despots, whose existence depends on their maintaining the paramount tyranny in France. The mischief has become too intricate to be unravelled in our day. An evil greater than despotism, or rather the worst and most hideous form of despotism, approaches : a monarchy, literally universal, seems about to be established. Then all the spirit, variety, and emu- lation of separate nations, which the worst forms of internal government have not utterly extinguished, will vanish. And in that state of things, if we may judge from past examples, the whole energy of human intellect and virtue will languish, and can scarcely be revived otherwise than by an infusion of barbarism. " You build some hopes on the character of the mighty destroyer himself; they are, I fear, only benevolent illusions. Imperious circumstances have, doubtless, as you say, determined his actions ; but they have also formed his character, and produced a mind, which can endure no less powerful stimulants than conquest and revolution, depositions and establishments. If he still Biographical Notes. 305 endeavour to persuade himself that he has a benevolent purpose, it is a self-illusion which renders him more ex- tensively and incorrigibly mischievous ; it will lead him to destroy all restraints on his will, as checks on his bene- volence. He will act on two principles, the most erron- eous and fatal that a sovereign and a law-giver can adopt; — one, not only that he can know how to promote the happiness of nations and ages, which is false, but that he ALONE must infallibly know it, which is more obviously false, and more actively pernicious ; — another, that im- provement can be poured into the lap of passive men, and that happiness may be forced on resisting men, though all happiness excludes restraint, though all real improvement be the spontaneous fruit of a mental activity, which may, indeed, be guided by a wise government, but for which the wisest government cannot contrive a sub- stitute. " I should rejoice to see your speculations on landed property ; for though, on former occasions, I suspected you of being more influenced by confidence in regulations than experience will allow, yet I was always delighted, not only by the benevolence of your purpose, but by the singular ingenuity of your means. I can promise you no more than that you will give me pleasure, that you will exercise and improve my understanding, and that I will freely tell you what I think on the subject. Practical effect here you must not hope. The constitution of the Anglo-Indian Government is founded in opposition to the most demonstrated principles of political science ; and its measures are in perfect unison with its original principles. Within these two years a gabelle has been established in Malabar and Canara, as a fund to pay the salaries of the provincial judges. How can you object 3o6 Biographical Notes. to a government taking a monopoly of the only luxury of the poor [salt], when you consider that the govern- ment is founded on a monopoly? It is vain to refine on the distribution of the produce of the soil between the labourer and the legal owner, in a country where the latter class does not really exist, and where a ravenous government begins by seizing^-at least one-half of it in the most vexatious mode. This Government is too needy to listen to any proposal for mitigating the fate of their subjects ; all that they can get is not enough for them. We have a bankrupt sovereign, and a people beggared by imposition. Yet so highly is this country favoured by nature, that the mere destruction of the monopoly would speedily remedy the greater part of these evils.* The Act for vesting the trade and territory in an exclusive company, ought to have been entitled, 'An Act for preventing the Progress of Industry in India, in order to hinder the Influx of Wealth into Great Britain'. " If you write to me again, I promise not to be long in answering your letter; for I can most sincerely sub- scribe myself, " Your grateful pupil, " And affectionate friend, "James Mackintosh". What of the situation now ? Do we see any sign of the dawn of true knowledge and the light of reason, by which alone the darkness of that long dark night can be dispelled? In the lamentations of Sir James * The initiatory proceedings connected with the passing of a remedial measure, Sir James lived to witness and promote — being " roused and directed," no doubt, by the same " sacred ardour " which inspired the foregoing letter. Biographical Notes. 307 Mackintosh we should not join. Let us rather look at Europe under Napoleon, and at India under The Company, through the eyes of one who foresaw these "junctures" and " various occurrences " many years before they came to pass.* The so-called civilised world was fully im- pregnated by Ignorance and Superstition at the time he began to contemplate his schemes for the " re-establish- ment " of disinherited children in " their natural rights to independence of cultivation and to property in land ". Priestcraft and landlordism, born and bred of such parents, were developed, and continued to develop into all conceivable forms of monstrous tryannies, while the bulk of human-kind were steeped in positive ignorance, abject slavery, passive servility, and misery. There was a long dark night. But the real philosopher — the student of nature who studied mankind and history in the light of reason, was able to see that such darkness and oppression could not always last. He says, '' I felt like the poet, looking on the great movements in the frame of nature," "a mixed sentiment of joy and of dread". With the offspring which survived the lying-in period of the French Revolution, he was by no means satisfied. There were in those days too many Herods on the watch, and, worse still, the child that returned from Egypt, unfortunately for France, and for the world generally, was undoubtedly a changeling. But this changeling having out-Heroded all the other Herods, they were moved by the old spirit of jealousy ; and also by the fear of being gobbled up, like the frogs in the fable ; and, therefore, they all — these old-established Herods — formed a " Holy Alliance," as it was called, against * See Essay, Section 56 to 62. 3o8 Biographical Notes. France and her newly-established King Stork. This was the very card, the only card ! by which King Stork could play the " holy Emperor " ! the Heaven-sent saviour of the French People ! the Lord's anointed ! And this he did triumphantly, as long as the blood of France lasted. Milton's or Dante's Devil would have been satisfied with the return journey from Moscow. Altogether, it is esti- mated that 2,300,000 French soldiers fell in the wars of Napoleon. The number of the "enemy" that fell, who knows? The surviving orphans, widows, husbandless maids, broken-hearted parents, and sisters, on both sides — who endured endless grief, poverty, and misery with a despair which must have shaken their faith in a benevolent God — let us not attempt to count or estimate. But let us look again at these living masses of armed men — the flower of civilised " Enlightened Europe" \ Herod "the Great" marches under the banner of " Liberty" \ and the contending allied little Herods also march under the same banner of "Liberty " ! and the great quack and the little quacks quarrel about the right of advertising and dispensing the "genuine article" ! Men leave their homes, on both sides, " to fight for Liberty " ; " to fight for their homes " ; " to fight for their country". Now, here we have the "junctures," the "favourable opportunities," referred to by Professor Ogilvie, whereby a re-establishment of the natural rights of the People might have been easily secured, and land- lordism and tyranny for ever abolished. "When these glorious days of favourable opportunities come," he in effect said, " you, the people who now (1780-81) groan under oppression, can easily work out your own salva- tion. Surely you will not then march a step, or draw a sword, for maintaining the tyranny now exercised by Biographical Notes. 309 your present lords and masters." But he knew the dangers ahead, and he gave warning accordingly. The people were steeped in ignorance — ignorance of their rights to the land in particular. But besides the much wanted knowledge " of their title to such rights," he knew the great need there was for wise, courageous, and faith- ful leaders — "leaders prepared to direct them in the mode of stating their just claim, and supporting it with necessary firmness and becoming moderation ".* We have now wandered back instinctively to the Essay, Sections $6 to 62. We behold the author in these sections, and, at the same time, we may learn practical wisdom from his "speculations " ! Let us consider how far his prophetic aspirations have been verified or falsified by that never-erring judge, TiME ! The "various occurrences," "junctures," and " favour- able opportunities " which he prospected in 1780-81 began to unfold themselves in 1789; and their marvellous evolu- tions continued to astonish and distract the so-called civilised world, until the " Sun of Austerlitz " ! stripped of all glory, came to earth a mere, fallen star in 18 15. Then silly Europe, and ten times ten sillier Britain, began to cry " Peace, peace ! " when there was no peace. It was the peace of death, as far as British Liberty was concerned. On the field of Waterloo, Britons gave up almost the last token of the Revolution principles of 1688 ; and thus much of their " glory " departed, and the pet phrase, " the envy of foreign nations," thence for- ward acquired a somewhat sarcastic application. The French people, and also the Prussians, must have acted on some principles similar to those recom- * Essay, Section 57. 3IO Biographical Notes. mended in the Essay. They abolished serfdom, and succeeded, so far, in obtaining a "re-establishment of their natural rights to independence of cultivation and to property in land." One may even venture the con- jecture that the transcendent Buonaparte did not scruple to draw some of his governing wisdom from the same or some similar source. Professor Ogilvie, we have seen (Section 57), addressed himself in accordance with the Revolution principles of 1688, to "the sovereign, the legislature, or the real patriots of a country ". We have seen ijb) how he deplored that the British patriots of 1688, and the American patriots of 1776, failed in securing their "natural right of pro- perty in land " — to "establish,'' he says, "«« arrangement of the highest importance to the general welfare of t/uir fellow-citizens". And we have just seen (p. 301, supra) how he deplored that the French patriots of 1789 stopped short at peasant proprietorship — " whose labours," he says, "now (1805) seem to have subsided in the dregs of mere despotism ". But what did the British patriots get ? Did they im- prove their position at Waterloo ? For whom, and for what, did they shed their blood there ? What was their quarrel with the French people, or even with Napoleon? These are awkward questions which the partial historian and other landlord menials do not care to answer. The same influence which blinded the British Peasant, after he was be-fooled to fight landlord battles against American Independence, again succeeded in blinding him at the close of his crusades against French Independence. Lord Byron noticed not only the blindness of the rank and file, but of the lords and masters also. After Waterloo rents came tumbling down. Biographical Notes. 311 Alas, the country ! how can tongue or pen Bewail her now wwcountry gentlemen ? For what were all these country patriots born ? To hunt and vote, and raise the price of corn ? But corn, like every mortal thing, must fall, Kings, conquerors, and markets most of all. And must ye fall with every ear of grain ? Why would you trouble Buonaparte's reign ? He was your great Triptolemus ; his vices Destroy'd but realms, and still maintained your prices ; He amplified to every lord's content The grand agrarian alchymy, hight rent. Why did you chain him on yon isle so lone ? The man was worth much more upon his throne. And so on, till we come to the lines, " Safe in their barns," etc., quoted at p. 184, supra, from which the reader will see most clearly how cruelly the peasants of the British Isles were be-fooled in those days, shedding their own blood and murdering Frenchmen for the sake of maintaining British Landlordism, with its wars, rack rents, oppressive taxes, compulsory idleness of the people, starvation, and crime ; together with the debas- ing influence of a superstitious religion taught in every Parish, by which Jehovah, as " the God of Hosts" was directly blamed for all these evils, while the real evil- doers were extolled as saviours of mankind ; their very bloodhounds worshipped as gods, and graven images of them planted as idols throughout the land. During the reign of George III., from 1760 to 1820, our real rulers swallowed up every thing, and incurred a " National " ! debt besides, amounting to .£'732,886,942 ! In August, 1822, matters began to improve; one traitor turned patriot, then — " Oh, Castlereagh ! thou art a patriot now; Cato died for his country, so didst thou : 312 Biographical Notes. He perish'd rather than see Rome enslaved, Thou cutt'st thy throat that Britain may be saved ! Shall noble Albion pass without a phrase From a bold Briton in her wonted praise ? Arts — arms — and George — and glory and the isles — And happy Britain — wealth — and Freedom's smiles — White cliffs that held invasion far aloof — Contented subjects all alike tax-proof— And Waterloo — and trade — and — {hush! not yet A syllable of imposts or of debt) — And ne'er {enough) lamented Castlereagh, Whose penknife slit a goose-quill t'other day." Those who foolishly sacrificed their lives on behalf of landlordism in these wars died happy. And the Fates were as a rule less cruel to them than to the survivors. The Highlanders who responded to the trumpet of war in obedience to their chiefs, how were they treated after Waterloo? We know that on landing in England the remnants of the Highland Brigade were received in every town they marched through with perhaps as much real patriotic pride, honour, and kindness as ever fell to the lot of brave and victorious men ; and as they proceeded Northwards to what, once upon a time, was their own country, the feelings of warm welcome seemed rather to increase than diminish, until, Alas ! they came to one spot : — " A dearer, sweeter spot than all the rest ". "That," says an applicant under the Scottish Crofters' Act of 1886— pointing to a glen — "is the place where my father was born and brought up. Like some other young men he was forced into the army, but it was on the express condition that his parents, and their posterity should never be disturbed in the possession of their land. Biographical Notes. 313 On his return home after the battle of Waterloo, instead of his home — the home of his ancestors — there was nothing but roofless walls, thresholds overgrown with grass, and the nettle and thistle in full possession, rooted round the old hearth stones. He, for a moment, dis- trusted his eyes. The unexpected sight of such desola- tion pierced his heart, and he felt stupefied. How cruel of the French bullets to have spared him for such refined landlord torture ! It was a complete Highland Clearance ; not a living soul was left in the glen to tell what had become of the people." This was the work of the Commercial Landlord — the Commercialised Highland Chief, or, more properly, thief! the advocate of Freedom of Cotitract — freedom to do what he likes with the land, and to kick the people about, or away altogether, in accordance with his caprice, avarice, or pleasure. The same story, with sad variations, may be told of many a Highland glen. And, with equally sad variations, it could be extended to the Lowlands, to England, to Ireland, and, without any doubt, to British India. The British nabobs excelled all other freebooters, barring, perhaps, the Spanish Christians who plundered and murdered the natives of Mexico. The East India Company was a huge syndicate of Commercial landlords, the undoubted scum and dregs of British despotism ; but, nevertheless, it was approved of and supported by the ''Christian" Churches of Britain and their Missionaries under the pretext of carrying the Gospel to the down- trodden races of the East. No wonder the Christian Fakirism of " The Honourable the East India Com- pany " failed. India, poor India ! had suffered for ages from its own native nabobism, semindarism, fakirism, and the scourge 314 Biographical Notes. of every village — the ism of the native Jew. Her inhabitants were sunk in oppression, misery, and despair. They hoisted a flag of distress I More than one invader landed and offered help. A general scramble followed .-^the Fates decided in favour of the British. The passive Indians were glad to barter their home-grown oppression for the British imported article, which The Honourable the East India Company agreed to supply on the most liberal terms. In too many cases ^^ British Liberty" — the liberty to rack-rent and evict ! the " Liberty " fought for and gained at Waterloo ! was too liberally supplied ; it was poured down their throats without any ceremony and quite regardless of native etiquette. It is too true, it is 3 sad fact, that this Company of British Commercial Landlords continued to carry on for fifty long years the same system of freebooting after Sir James Mackintosh .drew that painful picture of British Civilisation, plus British Christianity in India, not as we find these things Jn " Missionary Reports" but as they actually existed in 1808, and continued to develop into more insulting atrocities, until at last the "greased cartridge" in 1858, came to the rescue of an almost utterly Heaven-forsaken land. Strange that the match of Independence was after ^11 kindled by the much despised poor old native religion ! Strange, that the "greased cartridge" should have icaused a Revolution which brought the neck of THE Company to the block ! Strange, that that " Revolu- tion " should have led to the crown of India beino- placed an the head of Victoria as " Empress of India " ! It is also somewhat strange that VICTORIA is only the power- Sless puppejt of a number of hereditary or self-established Biographical Notes. 315 monopolists, who have usurped the absolute ownership of the land and wealth of this country, together with the whole rights of the people, and that Britons are almost as passive under injustice and oppression as any Indians ever were. The poor " Empress of India " cannot stop that abominable tax on the only luxury of the poor I The British Soldier or Policeman would get orders to lock Her Majesty up in the Old Tower of London if she dared to interfere with any injustice, oppression, or robbery, of which the real rulers of the British Empire may be guilty. To please a section of Jingoes she is obliged to style herself the " Empress of India," but she dare not mention the salt tax. She is the Queen of England, but " Darkest England " she must not even refer to. She is the Queen of Scotland and Ireland, but the words " rack rents " or " evictions " must not pass her royal lips. And yet the Sovereign is by law the chief trustee of all the land in the three kingdoms, for behoof of the whole people indiscriminately — the landlords being only sub-trustees, and having no estate or property whatever in the land beyond the value of any improve- ments. This law is not administered by the judges in our Law Courts because they are only the agents and nominees of the landlords. They administer only Landlord-made-Laws. Professor Ogilvie had no favour for puppet monarchs or puppet magistrates. He tells us that the " original and contingent value of the estate of every landholder still belongs to the community, and though seemingly neglected or relinquished, may be claimed at pleasure by the legislature or by the magis- trate, who is the public trustee" (Section 13). Accord- ing to him, every limited monarch is an established 3i6 Biographical Notes. fraud. He says * — " It is only in purely democratical governments, or in unlimited monarchies, during the reign of a sovereign endowed with superior wisdom and capacity, that any sudden or effectual reformation of the abuses of landed property can be expected". But he adds — "The more unlimited that power is with which any monarch is invested, the more it seems incumbent on him to attend zvith peculiar care to the protection of the common people. Other ranks have their privileges, their wealth, and acquisitions of various kinds to protect and support them ; but the common people have none of these, and not having representatives in any legislative council, as under limited monarchs, the sovereign himself is in fact their representative, and cannot but perceive that he ought to be in a more particular manner the gtiardian of this helpless class of men." The Professor then refers to FREDERICK THE GREAT, and has a quiet thrust at Voltaire for not having "suggested" to that famous prince, " in the earlier part of his reign, the idea of reforming the constitution of landed property". He also probably had in his eye jAMES I. of Scotland and Henry IV. of France. The one tried to restore the land to the people, and wished justice administered " to the rich as to the poor, without fraud or favour ". And the other, "this humane prince" (p. 49), '"wished only to live that he might convince the French nation how much he loved them as his children ". " The peasants," says Voltaire, " to this day remember a saying of his. That he should be glad to see them have a fowl upon the table every Sunday!' For the crime of so loving the people both these princes were brutally murdered. James was * Essay, p. 113. Biographical Notes. 317 murdered by the nobles, and the clergy plotted the assassination of Henry. But notwithstanding all that, Her Majesty, as the present reigning monarch, could, were she to try it, abolish that salt tax in India, and also abolish the unjust Land Laws there, and in England, Scotland, and Ireland as well. She is " tlie representa- tive " of the '■ helpless class ". She can say at any time, " I'll abdicate if you do not consent to abolish that salt tax imposed on my own particular constituents," &c. She could also say, " The power of the crown is the power of the people, and must not be used to oppress the people ". She could very soon make a " Black Fri- day " on the Stock Exchange. The money lenders on land, and the borrowers, would be in danger of losing the puppet foundation of all their rights and titles ; and the Church of England djad the Church of Scotland v/ovAd both be in danger of losing their head ! What "junc- tures," what "favourable opportunities" for hastening a re-establishment of the people's rights, may be brought about by the mere word of a humane sovereign who wisely understands that he or she rules by the will and voice of the people ! When the real duties of a Sovereign are systemati- cally neglected, and when a " factitious Aristocracy" have entirely forgotten the rights of the people, by whose mandate alone they act as legislature, it is then high time that "the real patriots of any country" should waken up. The real Trafalgar when " England expects every real patriot to do his duty " has yet to be fought. The real invader, not the shadowy bogey of the French Revolution, has to be cut down by the axe of Justice, and all useless and noxious zveeds which now cumber the land have yet to be uprooted and cast away. Sir James 22 3i8 Biographical Notes. Mackintosh, who vindicated the French R-evolution, vindicated also, by anticipation, the Indian Revolution of 1858. But the mild and amiable Sir James, although a vindicator of Justice and Reform, was an exceedingly frail and timid agitator. He was somewhat like Jere- miah, while his old Master was fashioned after the ancient model of MoSES. To Professor Ogilvie's proposals of land law reform. Sir James furnished this wet blanket — " Practical effect here you must not hope ! " He was only beginning to see that his old master really intended his schemes, not as mere " speculations," but rather to be adopted practically, " as of importance to the general welfare of mankind, and the improvement of their present state". His earlier impressions, formed at College, and noted in his Memoirs in 1805, were now (1808) seemingly undergoing a change. The College was the bushel by which he was prevented from seeing the light. " I should rejoice," he writes, " to see your speculations on landed property ; for though, on former occasions, I suspected you of being more influenced by confidence in regulations than experience will allow." In a letter to Professor Dugald Stewart of Edinburgh, dated " Bombay, November 2, 1805," the following reference occurs : "A nephew of Dr. Reid, a young gentleman of the name of Rose, has lately come out here as a cadet, recommended to me by a very ingenious and worthy person, though not without the peculiarities and visions of a recluse, Mr. Ogilvie of King's College, Aberdeen ". We shall see, further on, how imperfectly informed Sir James must have been, in regard to "this most ingenious and accomplished recluse". He seemingly had no idea that Professor Ogilvie was possessed of more practical knowledge of agriculture, and Biographical Notes. 319 the true relation of landlord and people to the land than perhaps was possessed, in the aggregate, by all the political philosophers of his time, the celebrated Adam Smith being thrown in along with the rest. He was by- far too honest a man to attempt to write on any subject until he had first mastered the facts. The Essay itself is the best proof of this, and it would be impertinent to assert that the author was a practical and scientific man unless his work could stand the test of cross-examination. But nevertheless, the notion that he was only a visionary and speculative recluse was prevalent. That was one way of opposing his admittedly just and benevolent schemes. " What is the use,'' some would say, " of any schemes, however good, however benevolent, if they are not practicable in this world? The next is the place for these things ! Therefore, any advocate for happiness in this world must be treated as a very dangerous heretic." We may guess the reason why Professor Ogilvie was a " recluse ! " The renowned George Buchanan was not a recluse, and consequently he was put in prison ; and to escape being burnt alive, he had to fly from his own country. Like the Damascus heretic, he made his escape " through a window ". Whether he was let down " in a basket," or had the benefit of a more modern fire-escape (!) history sayeth not. Where is Buchanan now? Where is our Great Gtandfather of British Liberty and true Radicalism, the hater of cant and tyranny ? "A tyrant," says Buchanan, " is one that rules by his own will, and contrary to the interests of the people." The "opinion that a tyrant must be obeyed is wrong. For the people may justly make war against such a ruler, and pursue him till he be slain." 320 Biographical Notes. Where is Buchanan now? Behold his portrait figuring on the cover of the only Tory, the only respect- able Conservative Magazine in Scotland, Blackwood's! How came he there? how continues he to be there? "■ Maga'' ought to explain. But this is not more strange than to see the outside of many books, and also many churches, inscribed and ornamented with Christian tokens, while the inside is chiefly devoted to slavery, intolerance, and somewhat blasphemous notions of the Creator. "What's in a name?" Witness the name of Jesus Christ and the Spanish Inquisition ! the slavery of Protestant America, or the landlordism of the Gospel- spreading islands of Britain and Ireland ! Where is George Washington now ? Witness the great American Republic ! Is not her " Independence" now used as a taxing machine ? Where are now those ancient tea chests? Frailty, thy name is ''American Independence ! " And where are the British feudal land- lords now, who got the land in trust for the people? They are levying a tax on the people. They call it "rent," and give no account of their stewardship. Where is the head trustee — the Sovereign ? Hush ! Holy William " the Conqueror " of Saxon England, with your great Domesday Book. Hush ! also all ye little Williams of the same "holy " order who innocently glory in the shame of Ids Norman blood ! — the blood of an unchaste Celtic woman, the undoubted mother of that same notorious Holy William ; and heaven itself knows who his real father was ! He was a born usurper, who manifested no sign of princely blood in his veins. True monarchs are seldom, or never, notorious for their despotism ; they do not require to uphold their dignity by excessive pageantry ; but Biographical Notes. 321 upstarts like the bastard son of this skinner's daughter always indulge in vain pomp, and they invariably show the cloven hoof of tyranny, which is one of the meanest of plebeian vices. Tyranny is a developed form of the worst kind of envy, and envy is generally the offspring of abject poverty and servility, and always implies an admission of conscious inferiority on the part of those victims who exercise it. Hence we must conclude that some wretched monk must have been the real father of "The Conqueror" — probably a Norman. It is enough degradation for the Celt to act as standard bearer on the one side. That grandfather skinner, or tanner, was a Celt, we have only the testimony of certain, not always very reliable, Norman chroniclers, who tell us that their ancestors, the " Normans, were all men of the sword," and they draw the line very sharply at leather ! They keep a firm thumb on the process of tanning ! The parchments on which these " ancestors " got their first grants to the land. Novel Fee, have nevertheless no other authority or warrant than the audacious and pious fraud of the bastard son of that skinner's daughter. The system of skinning introduced by Holy William into the British Isles was ingenious and novel. He skinned the English people alive as well as dead, and he carried the art to great perfection ; but it was left to a more refined age to skin human beings before their birth, as was actually done by the Holy Willies in power in this country during the latter half of last century and the beginning of this one. Is not the birthright of every Briton, a share of the " National Debt ? " But what has become of every. Briton's corresponding birthright share in the Country — in the Land? the protection of which 322 Biographical Notes. from invasion formed the main pretext of incurring this debt, and of allocating it indiscriminately on the shoulders of a defrauded population. It is a huge fraud, and the most impudent, the most criminal, as well as the most extensive, ever committed since the creation. Think of it for a moment. The landlords abolished military tenure, and substituted money payments for military services. Then they pocketed this money for their own private use, and raised other money by taxes on the landless people, and by loans, to pay for military expenses. The most of the military money, by the way, was paid to themselves, their sons, and sons-in-law, in the shape of military pay and pensions. No wonder Lord Byron exclaimed : " War was rent ! " Yes ! they not only raised the price of the fruits of the earth, and thereby raised rents, which they, by a show of law, pocketed, but they also pocketed the bulk of the war taxes and war loans, and, on this account, they schemed and carried on war as a most profitable business : — " Farmers of War ! dictators of the farm ; Their ploughshare was the sword in hireling hands, Their fields manured by gore of other lands." Surely the united common-sense of England, Scot- land, brave little Wales, and Ireland, will bring about a day of reckoning ! Surely that day is not far off when the Domesday Book will be looked into, and the titles to all the land in these Isles will be examined. The Lords of the soil, let us repeat with emphasis, abolished the only title, the only tenure, the only alleged right they had to the soil — they abolished military tenure. They did so in England in 1672, and in Scotland in 1747; Biographical Notes. 323 and they have had no tenure of any kind ever since, barring the self-established tenure of Freebooting, which " they term Fee-Simple ! The word "Fee" means an estate in land held of the sovereign as trustee for the people, or held of some royal sub-trustee, also for the people^ and for which the holder, in the words of Camden, has to do service or pay rent. The word " Simple " means silly, and qualifies people — the people who are simple enough not to call the landholders to account. " How preposterous," says Professor Ogilvie, " is the system of that country which maintains a civil and military establishment by taxes of large amount without the assistance of any land-tax at all ! In that example may be perceived the true spirit of legislation as exercised by landholders alone " {Essay, p. 16). See also p. 33, where he says : "that their large incomes [from land rents] are in- deed pensions and salaries of sinecure offices!" He was an eye-witness to the robbery which was per- petrated in Scotland in 1747, when military tenure was abolished, and the land, with all its rents and royalties, finally taken from the people by the darling Whigs, the Tories agreeing, the Courts of Law agreeing ; and, let us note, that the "Protestant" Clergy have not to this day made a.ny protest against that robbery. In tracing the facts which enable us to see that the author of Birthright in Land was a thoroughly practical man, let us examine the innermost circle of his surround- ings. We have already seen that he was a born land- lord : that he inherited the lands of Pittensear near Elgin, as his father's only son. Both his parents died early, and about the year 1757, when he attained majority, he began to manage the family estate on his own behalf; 324 Biographical Notes. and also on behalf of the rest of the family, namely, four sisters, whose birthright, by the way, although they were only females, was secured by the will of a benevolent father — a transgression of Law and Order I which the male heir did not seek to dispute. His father, and also his grandfather, did not belong to the 2, £yei, and ^100 respectively — in all, ... 295 o o Sixteen crofters, chiefly retained as hewers of wood and drawers of water, who pay an aggregate rack- rent of, ... ... ... ... 143 o o Population area represents a rental of ... 446 Total yearly. rent, £3747 It is right to mention here that Mr. Gerald Balfour, M.P., the proprietor's brother, in giving evidence before a Select Committee of the House of Commons,' on 21st July, 1890, said that the population was. not less than iioo souls in 1829, and that it is now reduced to 233 souls. Of these— the dregs of the old population — it -would appear that 128 souls are landless parasites who hang about the kitchens and dunghills of Mr. A. j; Balfour's shooting lodges. He admitted that all the sixteen crofters also belong to the same Balfour-parasitic 4i6 Appendix. species ; and he added that they " are perfectly contented". He also admitted that his brother built a manse for the Free Church minister, and that he pays a portion of his stipend be- sides. He referred to the evictions carried out by his father in 1850, as "a weeding out of the population". He said there had been no evictions since 1850, but, nevertheless, he was obliged to admit that the population has decreased more than one-third since then. What does this mean ? It means that death has done its work among the old folks, and that marriages are forbidden in Strathconon. And yet "the people," says Mr. Gerald Balfour, "are perfectly contented" They desire no " agitators " among themj he also said. The children of Israel were precisely in the same "per- fectly contented" condition when Moses first tried to stir them up, were they not? When Moses returned from exile with the I AM spirit within him, and his serpent wand in his right hand— the wand of studied wisdom, exchanged for the Mack thorn with which he, as an impetuous youth, killed an Egyptian — how did the children of Israel regard the first out- go of his "agitation?" They said: "The" Lord look upon you, and judge ; because ye have made our savour to be ab- horred in the eyes of Pharaoh, and in the eyes of his servants to put a sword in their hand to slay us''. — Exodus, v. 21. That Moses must have felt quite scunnered at these "per- fectly contented" slaves, we need not say; but being prompted by his I AM — the light of Nature in the inward soul — and aided by his SERPENT wand — the powers of Reason — he persevered, and told his kinsmen about the freedom which Jehovah was prepared to bestow upon them if they would only behave like men. " But they hearkened not unto Moses, for 'anguish of spirit, and for cruel bondage." This was an eye-opener even to Moses himself. He then clearly saw the cause which pro- duced the "perfectly contented" condition of his kinsmen. And there and then his I AM spirit resolved to " speak unto Pharaoh," notwithstanding that his Reason protested thus: Appendix. 417 " Behold, the children of Israel have not hearkened unto me ; how then shall Pharaoh hear me?" and thus: "I am not eloquent, neither heretofore, nor since thou hast spoken unto thy servant ; but I am slow of speech, and of a slow tongue "- We know the rest; he utilised Aaron as an "agitator"; he made Aaron's tongue speak the I AM principles of Revolution against the Law and Order of Egypt ! There was some diplomacy there ; and he succeeded with his plans in a most expeditious manner. But, after all, the aid of the clergy, though seemingly diplomatic at the time, was a mistake. He admits that " the anger of the Lord was kindled against " him ; and we know that the "Golden calf" tomfoolery and other diffi- culties, which he had to contend with in the wilderness, were entirely due to the evil influence of Priestcraft. Moses was a marvellously advanced man. Were he to visit the world of to-day he would unhesitatingly tell the people that the "divinity" professors, who profess to teach the mean- ing of his books, understand less about old Hebrew poetry than almost any other class in the community. And as for their having any sympathy with his unmistakable I AM prin- ciples of Revolution against tyranny, they have none ; they stick fast by the slavish creed of the brickmakers referred to in Exodus, V. 21. How can we expect these "professors" to be able to penetrate the vail of ancient allegory, or eastern metaphor, if incapable of realising the double nature of man, brought out so clearly, and with such homely simplicity, in the Twa Dogs, who argue with each other like the I AM and the ME of Moses. And further, if such " professors " are blind, deaf, and dumb, in regard to tyranny and oppression in full swing all around them, how can we expect these persons to understand or appreciate the doings of a man like Moses, and far less to have any respect, sympathy or veneration for that I AM SPIRIT which prompted his glorious actions as a leader of Liberty ? Heaven help all young men frotn the country, who come to town to learn divinity I Appendix. It is not strange that Professor Ogilvie desired to revive the Agrarian laws of Moses ; neither is it strange that he touched the clergy with a gentle hand, knovfing, as he did, the polluted fountains of thtir inspiration. He, with Adam Smith and other distinguished contemporaries, regarded Universities as the sanctuaries of ignorance, and the seminaries of " a super- stitious theology which inculcated tenets subversive of the spirit of Christianity, and degrading to human nature ". What did Oxford do to bring about the I AM Revolution of 1688? Oxford, on the eve of that Revolution, burnt the political works of Buchanan and Milton ! Oxford, in a solemn decree, congratulated Sir George Mackenzie (a believer in the supernatural power of witches and Kings), ''for having con- futed the abominable doctrines of Buchanan and Milton, and for having demonstrated the divine right of kings to tyrannise and oppress mankind." And Oxford has not yet recanted. On the contrary, this Alma Mater has only lowered her degrees — lowered them, from kings to landlords ! And now the "divine right" to oppress mankind can be bought and sold in the market like a pig ! But dealers in pigs are restrained by the rules of com- mon honesty, and are also restrained from oppressing the pigs- by the laws "for the prevention of cruelty to animals"; which rules and laws, however, do not apply to landlords. They can rack-rent and evict as they like, barring , some recent restric- tions on pig-legislation lines, in Ireland and in some parts of Scotland. Thomas Chalmers, speaking in 1841 from the Professor of Divinity's Chair in Edinburgh of " the public feeling of re- verence for the grandee of a neighbourhood," which he then recommended to the people of Scotland as the truly I AM divine principle in human nature, did admit the twofold nature of man. " It is true," he then said, " that this reverence of which we have spoken, forms part of man's nature. But his is a compound nature, made up not of a single, but of various affections — any of which, as the afifection of rank [!], mighfbe Appendix. 4.1 g neutralised, even prevailed against, by the operation of the rest." He then argues why " the deference for rank is by itself so strong ? " And his explanation is, because it " is in- serted, we have no doubt [!], as a principle in the human con- stitution, by the author of our frame." " Yet," says he, '• it is not so strong, but that it might be nullified, nay reversed, by passions stronger than itself" Who "inserted" these, and made thevi stronger ? Let us examine the logic of this alleged divine principle of homage and revei-ence '■'■ for grandees" — the insignificant petty tyrants " of a neighbourlwod ! " In the same breath with the great grandee Moses had to do with, let us not mention Brunwiagem Pliaraohs ! But let us note this, that l^homas Chalmers, in 1841, had a very confused notion of the real I AM principles of Moses. He resembled Moses after he had cast down his rod, and was afraid to pick it up again. Two years later, he headed the Free Church revolt against the same " grandees ". His staff, " we have no doubt" wriggled in the interval somewhat like the staff of Moses. It, however, did not become a serpent. It actually became a hermaphro- dite, resembling a Liberal- Unionist ; and it took the unfortu- nate Thomas Chalmers two long weary years to catch it " by the tail " in proper orthodox fashion ; because its head and tail could not be distinguished from one another, and, unlike the serpent^ it had no appearance of a wisdom-bump anywhere about it. It was only in 1843 that the Light of Nature (" the burning bush ! ") dawned upon the soul of Thomas Chalmers. It was only then that his I AM resolved "to speak unto Pharaoh". But he entirely failed to tell the people about his revelation — his discovery that the great I AM principle was never inserted in the human constitution by the author of our frame for the purpose of coercing the bulk of mankind to submit to the tyranny of despots or priests ; but, on the contrary, the I AM principle is the principle of Revolution ! After its mani- 420 Appendix. festations in the way Moses was " commanded^^ and in the way he carried out his Plan of Campaign, is it not the very essence of impudence to attempt to Wind mankind by such misrepre- sentations as the " professors " of modern theology, as a rule, indulge in ? In the circumstances, considering the ignorance actually taught in our Universities and Colleges, we ought to pity rather than blame the rank and file of the clergy in town and country when we meet the blind leading the blind. How can things be otherwise, so long as the "crime" oi Free Inquiry remains on the Ecclesiastical Statute Book ? , Can the example, as well as the precept of Moses help us here ? Emphatically, Yes. He was not only the Prince of Revolutionists, but he was also the Prince of Fret Thinkers and Free Inquirers. When " the angel of the Lord appeared unto him in a flame of fire out of the midst of a hush " {Ex. iii.) ; " and the Lord said, I have surely seen the affliction of my people which are in Egypt, and have heard their cry by reason of their task- masters " : " Come now, therefore, and I will send thee unto Pharaoh, that thou mayest bring forth my people, the children of Israel, out of Egypt " ; What did Moses say to this ? "And Moses said unto God, Behold, when I come unto the children of Israel, and shall say unto them, ' The God of your fathers hath sent me unto you ' ; and they shall say unto mej ' What is his name ? ' what shall I say unto them ? " Moses was not to be satisfied with the " God of his fathers^' or the " God of Abraham ! " lie must have a God for himstlf namely, the I AM. " And God said unto Moses, I AM that I AM : and He said, ' Thus shalt thou say unto the children of Israel, I AM hath sent me unto you '." " And God said, moreover, unto Moses : ' This is my name for ever, and this is my me- morial unto ALL GENERATIONS I '" It is not I WAS, or my Fathers were, but I AM ! Reader ! have you got an I AM ? Because, if not. Nature has made a mistake : you should have been born with four Appendix. 42 1 feet, a long nose for smelling along the ground, and a tail which you could occasionally wag by way of expressing your reverence and homage for some Master, whose will, even when he is kicking you, must be your pleasure 1 Remember that every day brings forth its own light and heat, its own Truth and God, and the Truth and God of yesterday, like the light and heat of yesterday, are no longer available. Behold, the light of the past is darkness, and the heat of yesterday sus- taineth not the life of to-day. It is enough to say that the fossilised "■Jehovah " of modern Theology is the God of Mr. A. J. Balfour at Strathconon, and of the Duke of Argyll at Inve- rary. The same fossilised "Jehovah " is the God of the British House of Commons, and has been the God of that House for centuries, when making many anti-I AM laws : laws of oppression, coercion, slavery, wars, and murders, in- cluding the murders of starvation caused by the monopolising of land — preventing its use and cultivation. The landlords — murderers (!) ? Yes. St. Gregory the Great said so, more than twelve hundred years ago, long before Buchanan, the Saint-Andrews, Oxford, and Spanish Inquisition " daiiinable heretic," was born : — "Let them,'' said he, "know that the earth from which they are created is the common property of all men ; and that, therefore, its products belong indiscriminately to all. Those who make private property of the gift of God pretend in vain to be innocent. For in thus retaining the subsistence of the poor they are the murderers of those who die every day for want of it." Next to the I AM creed of Moses, who was the Greatest and Grandest of all Spartans, we have here, perhaps, the most clear and the most concise economic creed ever uttered or penned. But it is only an amplification of the I AM creed. The First Commandment is only an amplification of that same everlasting creed ; and, as • a Declaration of Inde- pendence — the independence of an enslaved people — the 422 Appendix. inspired and inspiring God-given words I AM are unsurpass- ably comprehensive, unsurpassably tyrant-proof, unsurpassably laconic. From the First Commandment, the amplification proceeds in the Second, and enjoins the prevention of sham gods, sham- dukes, sham lords, and ^^ dummies" of all sorts; and implies the exclusion of all sham creeds descriptive of spurious gods recom- mended for "homage," "reverence," or "worship," in room of the I AM genuine God of mankind, the God of Liberty, Justice, and Impartiality. The "grandee" spurious gods generally require their worshippers to adopt the Egyptian ' Faith of Passive-Obedience, which is the very opposite of the anti-tyrant I AM Faith— the Faith of all who believe in, and actually worship, the true and living God, who is not an / was dead and gone God. From the Second Commandment the amplification still proceeds in the TJiird ; and urges practical manliness on the part of mankind. " Thou shalt not take the name of The Lord thy God in vain." You are not to palaver about this I AM, as your God, as the Jews hypocritically did about their father Abraham in the time of Je.sus Christ, until Jesus was at last so tired of their cant that he exclaimed: "Ye are of your father the Devil ! " It is a human weakness many have, this boasting of the nobility of their ancestors, and the creed and god or gods of their forefathers. Many people are thus satisfied ; and no doubt the slavish Israelites in Egypt dis- gusted Moses with their useless, dead, dry-bone and rotten " divinity " of Father Abraham at the time he was stirring them up against Pharaoh. He knew very well that any man who has the I AM spirit in him rebels at once against all forms of tyranny. And, therefore, the Third Commandment forbids all palaver and boasting, and all vain petitions and prayers on the part of a swinish multitude of slaves who are afraid to do any- thing that would make their " savour to be abhorred in the eyes of Pharaoh, and in the eyes of his servants". Yes, even Appendix. 42J afraid of the "factors, grieves, trustees, and bailies " of Land- lord Pharaoh ! ! ! There was also much need for the Third Commandment in the Wilderness, where these bom and bred slaves actually '^murmured against The Lord" (!), and sought to go back again to Egypt. There was just as much need of it in Scot- land when Burns wrote his War Song — K " Scots ! wha hoc wi' Wallace bled". A.nd the real spirit of the Third Cotnmandment will be found in the lines : — , "Avaunt! thou caitiff servile, base," &c. , ilready quoted on page 172; and the lines: — " Hear it not, Wallace," &c. (page 165) also explain how disgusted all I AM spirits like Burns felt in those days. It is not to be wondered at that William Ogilvie took his Political Economy from the Books of Moses. He had the I AM spirit — " Let us Do— or Die ! ! ! " F But what could he do, when the powerful, soul-stirring songs of Burns fell quite flat on the ears of the enthralled multitude. There was scarcely one Helen MacGregor in poor Scotland then brave enough to say : — " My foot is on my native heath ! " No ! The I AM Faith was dead and buried in the churches and church-yards, or "fled" or transported to foreign lands. A great many did not die a natural death, it is true — they were murdered by the Law and Order of those times, and the "Christian" Church of Scotland said Amen ! r Having touched the Pohtical Economy of Moses, let us glance at his Manna. Regulations. He said: "This is the 424 Appendix. thing which the Lord hath commanded, ' Gather of it every man according to his eating, an omor for every man, according to the number of your persons ; take ye every man for them which are in his tents'" And he tells us that some greedy scoundrels gathered more than they required, and that " it bred worms and stank" Now, we clearly see the doctrine of "equality of justice" which Moses recommended. Each got an equal share, and no more. Moses did not even make any exception, like Joseph and such-like politicians, in favour of one single Priest ! For once in the history of this world there were no poor — actually no poor I — and all were equally rich, and were satisfied ; with the exception of those who gathered more than their own share, and who thus began the breeding of worms., and the raising of stinks 1 Can this be true, or is it a mere fable ? To test the Political Economy of Moses, the modern sceptic need not remain long in doubt. Without going to Ireland, one can always view the crawling worms of Strath- conon, and feel the stink of the Balfours twenty miles off. It is enough to go the length of Strathpefifer. The railway stations nearest to Strathconon, called by the natives — " Sodom and Gomorrah" need not be visited. Like Inverary, the county town of Argyll, which, in reality, is simply the dunghill of Inverary Castle, where sits His Grace the Duke of Argyll, it is necessary to warn the tourist not to tarry at Sodom or Go- morrah. The worms bred by x\rgyll may be met with in the slums of London and Edinburgh, not to mention Glasgow, and the ducal stink will certainly be felt strong enough in that last-mentioned city. The most recent visit by an I AM soul to Inverary was in the year 1787. The visitor was Luath ; and, as matters have not changed, in the least, since then for the better, let us accept the warning of this " gash an' faithfu' tyke As ever lap a sheugh or dyke " Appendix. 425 This is what he said about Inverary : — " Whoe'er he be that sojourns here, I pity much his case, Unless he come to wait upon The Lord their God — his Grace ! " There's naething here but Highland pride And Highland scab and hunger ; If Providenqe has sent me here 'Twas surely in an anger." Lucretius directed his electric darts against the priests of Venus, but they struck equally straight at the equally-besotted, lecherous, and superstitious Jewish priests of the days of Christ. Buchanan levelled his cross-bow at the Romish monks, but his arrows were dreaded quite as much by the Protestant clergy of the days of Burns ; and the arrows of Burns hit the " unco guid " Free Kirk " divines " of the present day, though directed by him against the Auld Kirk " divines " It has been found necessary to slander Lucretius as a madman, Buchan£tn as a fool, and Burns as a drunkard, in order to save the reputation of spurious Christians, who "profess" the prin- ciples of the Christian Faith — a profession on a par with the Jewish "profession " of the I AM " Memorial unto all genera- tions". — Ex. iii. 15. It is not said that the priests murdered Moses ; but, when we consider his mysterious death, the hiding of his body, and the hot haste with which Jericho was sacked, as soon as they got rid of him, and that they " utterly destroyed all that was in the city, both man and woman, young and old, with the edge of the sword " — all except " Rahab the harlot, and her father's household, and all that she had," what jury of sensible men would hesitate to bring in a verdict against them for the murder of Moses? His murder was nothing to the Jericho massacre. And the blasphemy of blaming God for it is quite worthy of the perpetrators. They held Calvinistic views in 426 Appendix. those days ! It is very difficult to discover any new evil under the sun. The whole genius of Man, until yesterday, was held in serfdom, closely chained to the cultivation of evils — hence the over-production of such goods I The chains could be easily broken, were it not that the bulk of men and women are " perfectly contented " to wear chains and collars, like the crofters of Strathconon, who worship their master as a model landlord, and who pray every day, and especially every Sunday : " God bless the Duke of, Argyll 1 and have mercy on the Balfours ! Amen I " Having now travelled through the glens and hills of Strath- conon — did so incog., the only way of getting any information for " agitating " purposes — we feel game for further discussion with our old friend. The Reverend Maister Whatefer, who is still enjoying a holiday at Strathpeffer, where we picked him up the other day. Two or three days at the Strath did him no harm, he said. " The water is ferry goot, but ferry tangerous for all teetotallers, or such as take too much of the dram, and too much of the water itself is not ferry goot neither. As for myself," he added, "I am ferry moderate in eferything except re- ligion ". Having discussed a moderately good dinner, together with various facts connected with landlordism in the country of Wallace, Bruce, Buchanan, Burns, and Ogilvie ; and as to whether the last two ever met, it was an agreeable surprise to hear an antiquated Free Kirk " divine " exclaim : — " Nae doubt but they were fain o' ither, And unco pack and thick thegither ! " He then resumed, what he calls,, his " Chronicle " : — Now, although I hafe, as a minister, to keep town all agita- tion, I must show a sort of sympathy with it ; and notwith- standing it is the Kospel of peace I always preach, still I must sympathise in reality with those who come to look at the land, and at the ruins of the old twellings, from which their ancestors, or maype their parents, or themselves when children were Appendix. 427 ^evicted. It would pe a kreat wonder if these were not Land Leaguers whatefer. Even my own poys are krowing up on the side of the agitation in spite of me — especially since that visit of their uncle from Australia. And what to you think of more than one of my taughters turning Land Leaguers too ? They nefer kot over the 'prisoning of the Skye and Clashmore women, and the poinding py Lord MacTonal of that papy at a sixpence whatefer ! For they tell me to my face that that papy had a soul as valuable as a papy porn to Lord MacTonal him- self, and perhaps a body as goot, if not petter, too. It was apout the fery time that ungodly poinding took place, that Rory Bawn, from Ixwis, came to my district to hold a Land League meeting, — which he made me open with prayer. For he said, if I refused, he would ferry soon get the moderate minister to do it. And that was the sort of man was Rory Bawn ; but otherwise he was a ferry godly man, and the pest in the whole country for making a prayer, or speaking on the question at Communions^ or lecturing on a portion of Scrip- ture when the minister happened to pe from home. And he was a ferry powerful agitator whatefer, for the eleven Free Church ministers in the Isle of Lewis could not make a stem against him, and could not keep him under whatefer. And the agitation grew so strong in the Lewis, with police, soldiers, marines, and teer raiders, that Lady Matheson at last ran away and left the island there ! But she was no ferry wise whatefer ; for when the crofters and cottars came to her with some grievance, she stamped her foot, and said this, in the face of the people : " The land is mine, and I can do with it as I like ! " Now Rory Bawn.wns well up in the Scriptures of the Old and New Testaments, and he ferry easily controverted that. And all the people followed him, and some of the wildest of them cared ferry little for ploodshed, if matters were pushed. And the police, and soldiers, and marines were of ferry little use whatefer, except for helping on the agitation ; and they only took away to prison a few innocent outsiders — some of 428 Appendix. them sailors who were at home in Stornoway on hoUdays. And they took goot care not to go near Rory Bawn whatefer ; al- - though eferypody knew that he was the most real T.and Leaguer in the island of Lewis, for he refused all sorts of pribes from the Tories and Unionists, who offered to kive him_a yearly salary. And 'he was ofer eighty years of age then ; and I ton't pelieve the crofters ever oifered him one penny, although he himself was not aple to go to the fishing to make money. Putt, as he is now tead, they will ferry likely raise a stone on him. It is generally after teath that the people do anything for any one who works on their side as Rory Bawn tid ; for it was well known that he tid not, like some others, work for his own interest whatefer. There are some " agitators " who are not ferry reliaple or true to the cause, or to anything — men who never tid any goot except mischief since they were porn. These are like some pad ministers, putt, you see, theology and the Biple are not to plame for that whatefer ! By the way, it was at King's College, Aberdeen, that my wife's father studied, and he had many stories apout all the Pro- fessors there, although I forget their names. If my wife's prother William, who tied only a year ago, was alive, I am sure he could tell something apout such a man as Professor Ogilvie, for he knew all his father's old stories. I remember hearing apout a ferry radical Aberdeen Professor of that time, who had to do with the innovation which spoilt the Universities ; py opening the doors to the children of poor men, without kiying any compensation to those who formerly enjoyed the exclusive privileges and endowments of education. Now, that unjust and wicked innovation was fully as pad as the Crofter^ Act of 1886, which kives no compensation to landlords for the reduc- tion of their rents, or cancelling of arrears, or the privilege of evictions, and taking over kratis the houses and improvements of tenants put away. And there you see, when innovations were allowed as to College privileges, it was not likely that they Appendix. 429 should stick at landlord privileges whatefer. For no privileges should be held more sacred from confiscation than those con- nected with colleges and education. Look on England — there is no land agitation there what- efer ! For they have still conserved all the privileges of Oxford and Cambridge for the nobility and gentry, and that's the reason why so many of the English, who ton't pelong to the privileged classes, have to send their poys to the Scottish Universities. There pe now from one to two thousand English poys attending the Scottish Universities, and many of them come as far north as Aberdeen, in order to ket the penefit of the University there, although it was specially instituted origin- ally for poor Highland poys ; while at the same time the sons of the Scottish nobility and gentry, and of the Irish too, along with the sons of the English upper ten, are enjoying all the endowments and privileges of Oxford and Cambridge. Putt things in England may go wrong ferry soon too, for they took in Professor Robertson Smith there, after he was put out of the Free Church College of Aberdeen. For you see, that innovation about colleges and education is the first step of the mischief, and it will pe a wonder if Professor Robertson Smith refrains from writing a Land League pook too. That indeed would be a kreat tanger not only to England and Ire- land but to Scotland as well, pecause the Scots, .except ferry few, tid not pelieve in his new toctrines apout Moses, putt if he turned a Land Leaguer, like Moses himself, all the Highlanders would then pelieve in him whatefer. You see clearly how that old radical Professor Ogilvie who pegan the innovations of the Aberdeen Colleges was also the author of a Land League pook. ' Putt he tid a much wickeder thing than that, when he wrote a jubilee treatise on the Land Laws of Moses ; which laws commanded the people to apohsh not only all landlordism and slafery, but likewise all money-lenders and mortgagees too. And it is a ferry tangerous argument to say ihdX Jesus came to 29 430 Appendix. fulfil those Laws, and that efery landlord must " return efery man into his possession " of the land, all in accordance with chapter xxv. of Leviticus. The parable of the Tuke of Argyll — who i5 a Campbell I — having to go through the eye of a needle, is also a. ferry wicked argument whatefer. And, moreofer, it is ferry much against the Confession of Faith to say that the clergy, after the example of Jesus, should try to save the souls of the rich py advising them to kive up all their lands to the industrious poor ; or to sell for a price such latids in towns, villages, and cities as are valuable for building stances, and to kive the whole price thereof to the poor, especially the poor whose labour earned the wrongly-called ' K«-earned increment ' of the value of such lands. For this is the Kospel Notice to quit ! And to the clergy who fail to deliver this Notice, and to the landlords who fail to obey it, the Lord says : — " If ye will not be reformed by me by these things, but will walk contrary unto me ; then will I also walk contrary unto you, and will punish you yet seven times for your sins. And I will bring a sword upon you, that shall avenge the quarrel of my covenant. And 1 will destroy your high places, and cut down your images, and cast your carcasses upon the carcasses of your idols, and my soul shall abhor you. And I will make your cities waste, and bring your sanctuaries into desolation '' — all as foretold in chapter xxvi. of Leviticus, which raises a ferry tifficult point in the minds of all those who pelieve in the Scottish Confession of Faith, and in the English and Irish Faiths too, more especially on account of the French Revolution fulfilment of that ferry old law.* * Lord Macaulay, speaking in the British House of Commons, on Parliamentary Reform in 1831, appealed to the English Aristocracy, to take warning by the fate of the noblesse of France. "And why," asked Macaulay, " were those haughty nobles destroyed with that utter de- struction ? Why were they scattered over the face of the earth, their titles abolished, their escutcheons defaced, their parks wasted, their palaces dismantled, their heritage given to strangers ? Because they had 431 Putt, as I was going to say, the story of Professor Ogilvie's Essay on the Ldnd Question, written in Scotland apout the year 1781, is ferry strange, and pririgs to my mind a tifficulty my wife and myself always had apout Purns and his Twa Dogs. Where tid Purns get all his information apout the outs and ins of the private life of the shentry, and how they lived aproad too ? My wife always pelieved that Casar was a real man, and, more- ofer, a real shentleman too, who knew from his own ob- servation all apout the ways of the shentry. She thinks he was a confidential friend of Purns — " Nae doubt but they were fain o' ither, An' unco pack and thick thegither " — and that Purns disguised him as well as he could py saying that — " he was nane o' Scotland's dogs, But whalpet some place far abroad, Where sailors gang to fish for cod." She is of opinion that Dr. Currie, when he inquired so specially apout it, must hafe strongly suspected that there was a real Casar — the most of Purns's characters being from real life whatefer. The answer which his prother, Gilbert, gave, she thinks, is what might pe expected for several reasons. He was not so foolish, my wife says, as to tell who Cxsar was, supposing he knew it ; and it is also quite clear that, at that time, Gilbert would, if he could, have concealed who Luath was too. As for Casar, peing an imaginary dog, and aple to kive such real information ! — she puts the closure on all my arguments with that. She may be wrong, but she holds that she is right, " because she is ! " no sympathy with the people, no discernment of the signs of the times ; because, in the pride and narrowness of their hearts, they called those whose warnings might have saved them, theorists and speculators ; be- cause they refused all concession till the time had arrived when no con- cession would avail." 432 Appendix. After that arch Land Leaguer, Henry George, came ofer to _ this country, I used to say to my wife : " There's your Casar now ! " And I myself loolted on his coming from America to Ccesarize us a la Furns, as a sort of prophecy fulfilled, putt the answer I always kot from my wife was " Fiddlesticks ! " Now, if I tell her that Professor Ogilvie was a Land Leaguer and a contemporary of Purns, she will at once say that he was Casar whatefer. You know how strange women are for shumping at conclusions ! Well, shust to try her, I'll not tell her a word, at first, apout what sort of a man Professor Ogilvie was. I'll not say that he was of the real landed shentry. or that he was the " shentleman and scholar" who acted as travelUng tutor to the Tuke of Gordon on a grand tour of Europe, which tour is so vividly pictured in the Twa Dogs as to suggest the pencil of an eye- witness — a philosophical Land-law-reforming eye ! Of course I'll tell her all these things quietly and py tegrees. Putt there is one thing I'll tell her ferry cautiously whatefer, namely this — that it was in the same year (1786) Purns wrote and published his Twa Dogs,.2LXiii Professor Ogilvie wrote and published his plan of campaign against the Highland shentry and klergy, for the apolition and confiscation of their own Col- lege at Aberdeen, which, pefore his innovations, was generally known as The Highland University. Were I to tell her that Professor Ogilvie had a kreat affec- tion for pastoral poets like Virgil, and that he was ferry fond of Horace and Ovid, and that he was "tinctured with the sublime melancholy of Ossian," she would at once conclude that he, when maturing \i\% plan, in that year, 1786, must have visited his academic friends in Glasgow, for it was the Glasgow Uni- versity he took as his model for the proposed united University of Aberdeen. She could ferry easily put me in a corner by asking me, whether I thought any reasonable person could imagine that a Land Leaguer and a lover of pastoral poetry like Professor Ogilvie could refrain from going the length of Appendix. 433 Ayrshire to visit another Land Leaguer, and a maker, as well as a lover, of - pastoral poetry? You see- /could not say "■Fiddlesticks" to that whatefer. Professor Ogilvie had his knife ready for the " Highland Gentry " at that time, as shown by his Plan of Campaign, which came out in print on the 20th of July, 1786. And it was "upon a bonie day in June," 1786, that the Twa Bogs " began a lang digression About the Lords o' the Creation ". My wife pelieves efery word of the Twa Dogs as Kospel, and she often wishes, and so tid her mother peforeher, that her own krandfather, theoldlaird, had taken the words of /««//% and Ccesar to heart, and prevented the ^'downright wastrie," py which the braw estate of was alienated from the family. I'll pe ferry careful in discussing dates with her whatefer. For Purns also had his knife in the Highland gentry at that time ; which comes out ferry clearly in the Address of Beelzebub on the ist of June, 1786, putt kept from being published until 1818; and the true story of it is still expunged from all editions^;' the people ! You see the Glengarry men revolted against their Chief in 1786 pecause he took all their lands from them. Eviction was the reward or bounty they received for fighti.ng under the false colours of British Liberty in the American War of Independence. They fought for the liberty of landlordism — the liberty to ewzV/— and they got it ! Other chiefs attempted to treat the Highlanders as mere slaves ; they held a meeting in London, on hearing that the Glengarry men resolved to emigrate to America ; and these " noblemen and gentlemen agreed to co-operate with Government " to prevent by force these landless Highlanders from emigrating "/« search of their natural rights!" It was this that moved Purns to write :— " To the Right Honourable the Earl of Breadalbane, President of the Right Honourable and Honourable the Highland Society, which met on the 2T,rd oj May last (1786) at the Shakespeare, 434 Appendix. Covent Garden, to concert ways and means to frustrate the design of five hundred Highlanders, who, as the Society were informed by Mr. Mackenzie of Applecross, were so audacious as to attempt an escape from their lawful lords and masters, whose property they were, by emigrating from the lands of Mr. McDonald of Glengarry to the wilds of Canada, in search* of that fantastic thing— LIBERTY " ' ' Faith, you and Applecross were right To keep the Highland hounds in sight ; Poor dunghill sons of dirt and mire May to Patrician rights aspire ! Then up amang thae lakes and seas They'll mak' what rules and laws they please ; Some daring Hancocke, or a Franklin, May set their Highlan' blude a-ranklin' ; Some Washington again may head them, Or some Montgomery, fearless, lead them ; Till God knows what may be effected When by such heads and hearts directed ! , But hear, my lord ! Glengarry, hear ! Your hand's owre light on them, I fear ; Your factors, grieves, trustees and bailies, I canna say but they do gaylies ; Yet while they're only poin'd and herriet, They'll keep their stubborn Highland spirit; But smash them 1 crash them a' to spails And rot the dyvors i' the jails ! They ! they be d d ! what right hae they To meat, or sleep, or light o' day ? — Far less to riches, pow'r, or freedom, But what your lordship likes to gie them ! " In the following year, 1787, when addressing the water- fowl of Loch Turrit, the poet's eye was evidently still fixed on the Glengarry exodus. He said : — * Compare these words with Professor Ogilvie's phrase — " in search of their natural rights "- Page 39 of Essay. Appendix. 435 " Swiftly seek, on clanging wings, Other lakes and other springs, And the foe you cannot brave. Scorn at least to be his slave." Were it not that my wife was always ferry fond of Purns, I would pe as ignorant of him as any other Free Church Minister in the Highlands whatefer. For it is always our recognised duty to put in the fire efery copy of Purns, or such pooks, we get a hold of in the hands of our people. Putt this copy of Purns my wife has is a ferry old one that pelonged to her mother, which was always kept locked up ; and my wife got a hold of it when her mother tied. She also keeps it locked up. And we must not read ■ it, except on the sly, so that nopody discovers there is a Purns in the Free Manse whatefer. The people are all so treadfully prejudiced, ever since the old moderate ministers taught that prejudice ; and they poycotted Purns pecause it was against themselves that he spoke. Al- though there are some crofters who still pelieve that any minister who joins the land agitation is not ferry holy, because they were always instructed that the land belonged to the land- lords ^'■by God's authority," and that the clergy should not meddle «ith the affairs of this world whatefer, yet there are others who are ferry cute ; for when one of the Free Church ministers in the island of Lewis recently warned his congregation that those who didn't pay their rent were forbidden to take the holy sacrament of the Lord's Supper, they were not long in telling him to confine himself to the things of the next world only ! ex- actly as the majority of the Irish said in reply to the Pope's Rescript, when they accused him of meddling with politics, and travelling peyond his own holy sphere as a tool of oppression. The agitation prought apout many curious things whatefer. There is a Roman Catholic priest near me, who was always a Tory, and a real Jacobite too,' although he is now a Unionist like myself, and we both agree with the Pope's Rescript. For, you see, the lairds of , being Roman Catholics, always 43^ Appendix. sheltered priests and papists on their lands, ever since the Reformation, in the same way as the lairds in my district kave shelter to the Free Church since 1843. A'ld there is no agita- tion in our district except on the part of some radical Protestant crofters and two or three Catholics, who assert and maintain that the land was originally appropriated by spoliation and robbery, and that the landlords have no right to it whatefer ',' and they say it is the Teffil, and not Providence, -that worked all the mischief ; and they call the priest and myself the Teffil's agents too, and they look upon the Crofters' Act as real Pro- vidence from God in their favour. And they say that the doctrine preached in favour of landlordism is ferry much op- posed to the Law of Moses, and, moreover, that it is quite contrary to the letter, as well as the spirit,, of the Gospel of Jesus. They also say that all those who pray, " Thy kingdom come : Thy will be done on earth as it is in heaven," but who nevertheless stand by, and do nothing to disapprove of rack rents, evictions, and other oppressions on the earth, are not much petter than Judas Iscariot. And one young Highland priest said that the old priest and myself were "a pair of apostates !" And he is a Jacobite too ; and, therefore, ferry angry at the old priest for joining a whig like the Tuke of Argyll on the land question whatefer. And, moreover, he said that the true Christian Church is based upon Temokratic principles, although Chr's- tianity has been abused as a pretext for war, slavery, and land- lordism for a ferry long time. " Think," says he, "what's to be the outcome of compulsory and free education, and take Hamlefs advice — assume a virtue if you have it not I" "I have seen some nations like o'erloaded asses, Kick off their burthens — meaning the. high classes."