Feliciana sentinel. [volume] (St. Francisville, La.) 1877-1892, 1891-09-05
sINGLE TAX DEPARTMENT.
the RIGHT TO THE USE OF THE
EARTH.
BY Herbert Spencer.

Of Chapter TX, OF "Socisl StaticsC
1. Given a race of human beings hav-
ing like claims to pursue the objects OF
their desires-given a world adapted TO
the qualification of those deslres-a
world into which such beings are SINH
larly born, and it unavo;dably follows
that they have equal rights to the use
of this world. For if each of them
''has freedom to do all that he
wills, provided that he lnfringes
not the equal freedom of any other,
then each of them is free to use the
earth for the satisfaction of his wants,
provided he allows all others the same
liberty. And conversely. it is manifest
that no one or part of them, may use
the earth in such a way as to prevent |
the rest from similarly using it; seeing i
that to do this is to assume greater free
dom than the rest. and consequently to
break the law.
= Equity, therefore, does not permit
property in land. For if one portion
CT the earth's surface may justly be-
come the possession OF an Individual
and may be held by him for his sole use
and benefit. as a thing to which he has
an exclusive right, then other portions
of the carth's surface may be SO held;
and eventually the whole of the earths
surface may be SO held: and our planet
may thus lapse altogether into private
hands. Observe now the dilemma to
which this leads. Surprising the en-
| tire ha bitahle globe to be so inclosed,le
follows that if the land owners have Il
valid right to its surface, all who are
not land owners have no right at all to
its surface. Hence, such can exist on
the earth by sufferance only. They are
all trcspassers. Save by the permission
of the lords of the soil. they can have
no room for the SoleS of their feet
Nav should the others think iit TO deny
them a resting place, these landiess
men might equitably he expelled from
the earth altogether If, then, the as
sumption that land can be held as prop
erty, involves that the whole globe may
| become the private domain of part of
| its inhabitants: and if, by consequence,
| the rest of its inhabitants can then eX-
| crcisc their faculties-can then exist
| evcn-only by consent of the land own
| ers: it is manifest that an exclusive
| possession of the soil necess;tates an
| infringement of the law of equal free
! dom. For men who can not live and
move and have their being without
| the leave of others. can not be equally
| free with those others.
| 3. Passing from the consideration of
! the possible to that of the actual, we
! find yet further reason to deny the rec
| titudc OF property in land. 1t can never
| be pretended that the existing titles to
! such property are legitimate. Should
any one think so, let hira look in the
chronicles. Violence, fraud, the prerog-
! alive of force. the claims OF superior
cunning-thesc are the sources to which
those titles may be traced. The origin
| al deeds were written with the sword
rather than with the pen: not lawyers,
but soldiers. were the conveyanccrS:
blows were the current coin given in
payment: and for seals, blood was used
in preference to wax. Could valid
claims be thus constituted? Hardly.
And if not, what becomes of the pre-
tensions of all subsequent holders OF
| estates thus oLtained? Does sale or
Request generate right where it did
not previously exist? Would the origin
al claimants be non-suited at the bar Of
reason because the thing stolen from
them had changed hands? Certainly
not. And if one act of transfer car
give no title, can many? No. Though
nothing be multiplied forever it will
; not produce one. Even the law rccog
nizes this principle. An existing hold
+ err must, if called upon, substantiate
the claims of those from whom he pur
chased or inherited his property; ant
: any flaw in the original parchment
. even though the property should have
had score of intermediate owners
. auashes his right.
but time" say some, lis a great lie
galizer. Immemorial possession mus
be taken to constitute legitimat'
'. | claim That which has been 1..ld froI,
| a-+- n,,1 huI
;, been bought and sold such, mus
!. now be considered as irrevocably be
:. longing to individuals" To which
proposition willing assent shall b
given when its propounders can assign
it IL definite meaning. To do this how
ever. they must find satisfactory an
swers to such questions rs: How lon;
does it take for what was original.
| wrong to grow into RI ght? At wha
rate per annum do invalid claims be
come valid? If a title gets perfect in
thousand years, how much more tina
perfect in a thousand years, how muc
more than perfect will it be in tw
thousand years-and so forth. For tn
lie solution of which they will require
new calculus.
Whether it be eXpcdient to adm
claims of certain standing. is not tn
- point We have here nothing to d
lie with considerations of convention;
* privilege or Legislative convenience
"a we have simply to inquire what is til
II verdict given by pure equity in the ma
ter. And this verdict enjoins protei
"a against every existing pretension to II
g individual possession of the soil: IN
dictates the assertion, that the right
ot mankind at large to the earth's surfa'
is still valid: all deeds, customs and Law
&c notwithstanding.
n \, 4. Not only have present land tenur
IL an lndcfensible origin, but it is impo
es sible to discover any mode by whi'
~ land can become private property. CT
ne tivation is commonly considered to gi
nc | n I,o;+;,,,+a title He who has reclail