The Colfax chronicle., 1891-10-31
SINGLE TAX DEPARTMENT.
THE RIGHT TO THE USE OF THE
EARTH.
by Herbert Spencer,


ing like claims to pursue the objects OF
their desires-given world adapted to
The qualification of those desires--a
world into which such beings are SINH
Larry born. nnd it unavoidably follows
TINT 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 infringes
not the equal freedom of any other, !"
then each Of them is 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 .theuiy may use
the earth in such a way as to prevent
the rest from similarly using II; seeing
that to do this is to assume greater free
dom than the rest and Consequently to
break theElaw. 50 e
2. Equity, therefore, does not permit
property in land. For if one portion
of the earth's surface may Justly. be-
come the possession Of an inSlividual,
and may be held by him for his sole use
and benefit as a thing TO which he has
an exclusive rights then other portions
of the earth's surface may be so held;
and eventually the whole of the earth s
surface may be so held; and our planet
may Tins lapse altogether into private
hands Observe now the dilemma to
which this leads Supppsing the en-
tire habitable globe to be SO inclosed, it
follows that if the land owners have a
valid right to its surface, all who are
not land owners have no rightat all to
its surface. Hence, such can exist on
the earth by sufferance only. They are
all trespassers. Save by the permission
of the lords of the soil. they can have
no room for the soles of their feet
Nay, should the others think fit to deny
them a, resting place, these landless
men might equitably be expelled from
the earth altogether If, then, the as
sumption that land can be held as prop
crty. involves that the whole globe may
become tie private domain of part of
its inhabitants; and if, by consequence,
the rest of its inhabitants can then ex-
ercisc their faculties-can then exist
cven-only by consent of the land own
crs; it is manifest that an exclusive
possession of the soil necessitates an
infringement of the law of equal free
dom. For men who can not s.live and
move and have their being" without
the leave Of others, can not be equally
free with those others
B. Passing from the consideration of
the possible to that OF the actual, we
find yet further reason to deny the rec
titude of property in land. 1t can never
be pretended that the existing titles to
such property are legitimate. Should |
any ono think so, let hirn look in the |
chronicles. Violence, fraud. the prerog-
ativc of force. the claims of superior
cunning these 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 conveyancers;
blows were the current coin given in
payment; and for seals, blood was used |
n preference to wax Could valid
'laims be thus constituted? Hardly. |
And If not, what becomes of the pre-
of all subsequent holders of
.states thus obtained2 Does sale or
oequest generate right where it did
rot previously exist? Would the origin
Il claimants be non-suited at the bar of
'eason, because the thing stolen from
hem had changed hands? Certainly
lot. And if one act of transfer can
i've no title, can many? No. Though
lothing be multiplied forever it will
lot produce one. Even the law recog-
lizes this principle An existing hold
r must, If called upon, substantiate
he claims of those from whom he pur-
hased or inherited his property; and
NY flaw in the original parchment,
ven though the property should have
ad score of intermediate owners,
uashes his right.
but time" say some, lis great H.
alizer Immemorial possession must
e taken to constitute a legitimate
lain. That which has been held from
&C to age as private property. and has
cen bought and sold as such, must
ow be considered as irrevocably be-
,nging to individuals" To which
roposition a willing assent shall be
iven when its propounders can assign
definite meaning. Todo this, how
yer. they must find satisfactory ans
wcrs to such questions as: How long
oes it take for what was originally
Trong to grow into right? At what
ate per annum do invalid claims be- !
ome valid? If title gets perfect in a
years. how much more Than
erfect in thousand years, how much
lore than perfect win it be in two
,ousand years--and so forth. For the
'lution of which they will require I
ew calculus.
Whether it be cxpedient to admit
aims OF a certain standing. is not the
pint We have here nothing to do /,
ith considerations of conventional
rivilege or Legislative convenience !
e have simply to inquire what is the
sriict given by pure equity in the mat
r. And this verdict enjoins protest
yainst every existing pretension to the \
dividual possession of the soil: and n
ctates the assertion. that the right of a
ankind at large to the earth's surface {