, 1860-02-07

On I'll" snnrec@ of the Lssv of Prop
e:rty% sltssi tIls: E-tsssIa.uss Error 1less4
Property In anything. IL given ~r crt-
Atr<l BY Consultations or Laws: and
Isl this of isi:.tttr t.asI'.
Years agol.e, wlca the oppressed people Il:
Encla;"l l.ii wrc=ted abused power from III.
grasp oc TIE first Charles. and demanded lis
trial and TIC execution oi justice upon Ills
}taj, it ,sas Objected that there was nj It,
,nsn }aS for the punslIn,cs.. Of kings TE1,4
:!!en spoke ..!l t;.u irayc free soul Of John
Mi.soa:
Suesi law there is. The priucal conlpac:
and bond OF soc!rfr; NJ: craven on stone, no:
sea'e'l with wox, nor put down IN parchment,
'or Nc: firth in any express fornl Of words h.;
sns:, whcH Of lid they can1c together; hut isl:-
piled III the yer: act that they did So come to-
::e:''er, pre.supposed ia I'LL subsequent law, NOS
su be :ei,caca ''y any authority, not ;nra!idatcd
l'J l"in5 unit.e.I IN any c5dc, inas,,ach rs frtn
thence :sre Ill co'cs and :l authority.
Equally true: exact p!!ilo.,l,aie ard iorchr
are tho:" strong i'.on;h:s and wcighty words
NV: in reitEeurc 70 rnr present subject.
Property: and the Rights Of Property, elder
o.rn THU any L,Esan Socictv, more reverend
in their antiquity tlmn the greg memorials OF
The earliest civilization, coeyal with man linn
sc'f these untssrs;c tue very foundation Of all
governments, arc among the chief Inducements
to the formation OF civil politics and arc not
aud ~ their nature never can he, the gift q;
any one 1nau 10 :n.othrr, or tf nation 70 ita
nhurc r. %,cf3t,.s;nr
toLnary. gives ,hou, nor can give them, no ll,w.
grants tI;esa, nor can grant them. Thoy asr
nc: held by tenure Of any one hut God
What position, then, do our constitutions
and -our LAWS occulu1 and ct! i'll relation to this
great topic Of !su,.1au interest?
Constitutions aad laws recognize this exist
Ing fact, but do no. create: they quail y and limit
the enjoyment, they DO not increase il: they
secure by public human authority, aud hy the
sanction Of tic public faith. They punish it,
vas;oas uf this eternal right. ty the united
strength Of the whole people embodied and
exercised under forms Of public judicial pro-
e~.capgs; or tl,oy recognize aud justify tic
proper n:e Of violence. on the part Of the in
dylual assailc1 to project Ills property.
Tl.csc are some Of :hc ,noin purposes which
constitutions and iaws subscrye in maintain-
ing this great pre-cxis.ing lact-tlsc right to
have, hold and enjcr Property. As this right
existed before t'lem SO II they were TO cruna-
ble to decay, it would survive them. Inherent
in tho man. it lasts as long as ono representa-
-. ~ til .r Tn, nt,pro1,1oa1 o+
dieorsanizcd form Of society, it is subject to
vi loncc, TO rapinc, 10 fraud; but the fact that
it is SO subcc! 10 these calamitics is tue surcst
proof that it lad and has an existence; for
<llcrc can be no larccny, OF robbery; or fraud.
excep. in Violation Of a right to own.
Individual members Of society may Ell.
csoach upon this right in others; hence penal
Laws to deter from such cnc1oachmcnt OF to
punish j: whom accomplished. Governments
may sock to deprive tho individual citizen III
whole or in part Of this right; hence coastitu-
:ional provisions To limit and restrain in this
regard.
If these things bc SO. aud to my mind they
are incontrovcr1ible then this proposition
seems to be the inevitable consequence: thnt
whenever it is claimed md asserted uIat
constitution OF Law creates right Of Property,
suc fact gives reasonable ground for grave
suspicion that such pretended right OF pro-
pcrty has no foundation in tho great principles
abovo stated. Nay, more, that the very G,ct,
il it be true, tint law makers have gone out Of
their usual course 10 create property in any
particular thing, is evidence conclusive that it
IL only By virtue Of such law, BY force If will.
by Tile expression Of power, and not t.r ON.
mon universal right. fl.
10 illustrate: What law creates tie right o!
mau 10 own horse in Illinois, or in Virgin
ia, or in England, Or any where else in this
wide world where law is, or where it Is not
The law provides remedies Of nji kinds foE
tne infringement of this right 1teives man
civil process to rindicate his tile, to recover
his property when trcspassed OF, to punish
the ie}on who stcnls+ Tho Constitution Of the
State and til, Union, if he he within them,
f,rbids the government Of either 10 take hat
= horse, oven fot-urgcnt public necessity, with
out Compensation; Jd none c:f These give him
i, til Amse How comes lie by this right in that
80, o},,,,4 tr,1r1s .,,.1