Having now accomplished what was last proposed, and endeavoured to ascertain in what particulars the present system of property is to be considered as the capricious offspring of positive institution, let us return to the point which led us to that enquiry, the question concerning the degree of respect to which property in general is entitled. And here it is only necessary that we should recollect the principle in which the doctrine of property is founded, the sacred and indefeasible right of private judgement. There are but two objects for which government can rationally be conceived to have been originated: first, as a treasury of public wisdom, by which individuals might, in all cases, with advantage be directed, and which might actively lead us, with greater certainty, in the path of happiness:Chapter r, secondly, instead of being forward to act itself as an umpire, that the community might fill the humbler office of guardian of the rights of private judgement, and never interpose but when one man appeared, in this respect, alarmingly to encroach upon another. All the arguments of this work have tended to show that the latter, and not the former, is the true end of civil institution. The first idea of property then is a deduction from the right of private judgement; the first object of government is the preservation of this right. Without permitting to every man, to a considerable degree, the exercise of his own discretion, there can be no independence, no improvement, no virtue and no happiness. This is a privilege in the highest degree sacred; for its maintenance, no exertions and sacrifices can be too great. Thus deep is the foundation of the doctrine of property.
It is, in the last resort, the palladium of all that ought to be dear to us, and must never be approached but with awe and veneration. He that seeks to loosen the hold of this principle upon our minds, and that would lead us to sanction any exceptions to it without the most deliberate and impartial consideration, however right may be his intentions, is, in that instance an enemy to the whole. A condition indispensably necessary to every species of excellence is security. Unless I can foresee, in a considerable degree, the treatment I shall receive from my species, and am able to predict, to a certain extent, what will be the limits of their irregularity and caprice, I can engage in no valuable undertaking. civil society maintains a greater proportion of security among men than can be found in the savage state: this is one of the reasons why, under the shade of civil society, arts have been invented, sciences perfected and the nature of man, in his individual and relative capacity, gradually developed.
One observation it seems proper to add to the present chapter. We have maintained the equal rights of men, that each man has a perfect claim upon everything the possession of which will be productive of more benefit to him than injury to another. "Has he then" it will be asked, "a right to take it? If not, what sort of right is that which the person in whom it vests is not entitled to enforce?"
The difficulty here is in appearance, and not in reality. The feature specified in the present instance adheres to every department of right.
It is right that my actions should be governed by the dictates of my own judgment: and every man is an intruder who endeavours to compel me to act by his judgement instead of my own. But it does not follow that I shall always do wisely or well in undertaking to repel his intrusion by force.
Persuasion, and not force, is the legitimate instrument for influencing the human mind; and I shall never be justifiable in having recourse to the latter, while there is any rational hope of succeeding by the former.
Add to which, the criterion of morals is utility. When it has once been determined that my being constituted the possessor of a certain article will be beneficial, it does not follow that my attempting, or even succeeding, violently to put myself in possession of it will be attended with a beneficial result. If I were quietly installed, it may be unquestionable that that would be an absolute benefit; and yet it may be true that my endeavours to put myself in possession, whether effectual or ineffectual, will be attended with worse consequences than all the good that would follow from right being done as to the object itself. The doctrine of rights has no rational or legitimate connection with the practice of tumult.
But, though I may not, consistently with rectitude, attempt to put myself in possession of many things which it is right I should have, yet this sort of right is by no means futile and nugatory. It may prove to be a great truth, resting upon irresistible evidence, and may, in that case, be expected to make hourly progress in the convictions of mankind. If it be true, it is an interesting truth, and may therefore be expected to germinate in the mind, and produce corresponding effects upon the conduct. It may appear to be a truth of that nature which is accustomed to sink deep in the human understanding, insensibly to mix itself with all our reasonings, and ultimately to produce, without shadow of violence, the most complete revolution in the maxims of civil society..
