2255154The American Democrat — On Property1838James Fenimore Cooper

ON PROPERTY.

As property is the base of all civilization, its existence and security are indispensable to social improvement. Were it possible to have a community of property, it would soon be found that no one would toil, but that men would be disposed to be satisfied with barely enough for the supply of their physical wants, since none would exert themselves to obtain advantages solely for the use of others. The failure of all attempts to form communities, even on a small scale, with a common interest, goes to prove this. Where there is a rigid equality of condition, as well as of rights, that condition must necessarily be one of a low scale of mediocrity, since it is impossible to elevate those who do not possess the requisite qualities any higher. Thus we see that the societies, or religious sects, in which a community of property prevails, are content with merely supplying the wants of life, knowing little or nothing of its elegancies, refinements, or mental pleasures. These communities, moreover, possess an outlet for their idle and dissolute, by resorting to expulsion, a remedy that society itself cannot apply.

The principle of individuality, or to use a less winning term, of selfishness, lies at the root of all voluntary human exertion. We toil for food, for clothes, for houses, lands, and for property, in general. This is done, because we know that the fruits of our labor will belong to ourselves, or to those who are most dear to us. It follows, that all which society enjoys beyond the mere supply of its first necessities, is dependant on the rights of property.

It is not known that man exists anywhere without establishing rules for the protection of property. Even insects, reptiles, beasts and birds, have their several possessions, in their nests, dens and supplies. So completely is animal exertion, in general, whether in man or beast, dependant on the enjoyment of this right, under limitations which mark their several conditions, that we may infer that the rights of property, to a certain extent, are founded in nature. The food obtained by his toil, cannot be taken from the mouth of man, or beast, without doing violence to one of the first of our natural rights. We apply the term of robber, or despoiler, to the reptile or bird, that preys on the aliment of another animal, as well as to the human thief. So long as natural justice is admitted to exist, the party assailed, in such cases, has a right to defend his own.

The rights of property become artificial and extended, as society becomes civilized. In the savage state the land is without owners, property consisting in the hut, the food, and the arms used in war and in the chase. In pastoral, or semi-barbarous states, use gives claims, not to individuals, but to tribes, and flocks are pastured on grounds that belong to one entire community, but to that one only. Private property is composed of cattle, sheep, tents, horses, camels, with the common claims to share in the common fields.

Civilization has established various, and in some cases, arbitrary and unjust distinctions, as pertaining to the rights of property. These are abuses, the tendency of man being to convert into curses things that Providence designed to prove benefits. Still, most of the ordinances of civilized society, that are connected with this interest, are founded in reason, and ought to be rigidly maintained.

The first great principle connected with the rights of property, is its inviolability in all cases in which the laws leave it in possession of the proprietor. Every child should be taught to respect the sanctity of his neighbour's house, garden, fields and all that is his. On those parts of another's possessions, where it is permitted to go, he should go with care not to abuse the privilege, and from those parts which he is forbidden to use, he should religiously abstain. The child that is properly impressed in infancy, with the rights of property, is in little danger of committing theft in after life, or, in any other manner of invading that which is the just possession of another.

The doctrine that any one "may do what he please with his own," however, is false. One may do with his own, whatever the laws and institutions of his country allow, and no more. One may even respect the letter, and yet violate the spirit of those laws and institutions, committing a moral, if not a legal offence, in so doing. Thus, he, who would bring his money to bear upon the elections of a country like this, abuses his situation, unless his efforts are confined to fair and manly discussions before the body of the people.

In nations where the mass have no political rights, means have been found to accumulate power by the aid of wealth. The pretence has been that none but the rich have a stake in society. Every man who has wants, feelings, affections and character, has a stake in society. Of the two, perhaps, the necessities of men are a greater corrective of political abuses, than their surplus means. Both may lead to evil, beyond a doubt, but, as laws which are framed by all, must be tolerably impartial and general in their operation, less danger arises from the rule of the former, than from the rule of the latter. When property rules, it rules alone; but when the poor are admitted to have a voice in government, the rich are never excluded. Such is the nature of man, that all exclusive power is uniformly directed to exclusive purposes. Property always carries with it a portion of indirect political influence, and it is unwise, and even dangerous, to strengthen this influence by adding to it constitutional privileges; the result always being to make the strong stronger, and the weak weaker.

On the other hand, all who love equal justice, and, indeed, the safety of free institutions, should understand that property has its rights, and the necessity of rigidly respecting them. It is the right of the possessor of property to be placed on an equal footing with all his fellow citizens, in every respect. If he is not to be exalted on account of his wealth, neither is he to be denounced. In this country, it is the intention of the institutions, that money should neither increase nor lessen political influence.

There are habits that belong to every condition of life. The man of hereditary wealth, is usually a man of leisure, and he little understands the true spirit of democracy, who supposes that such a man is not to enjoy the tastes and inclinations, which are the fruits of leisure and cultivation, without let or hindrance. Democracy leaves every man the master of his acts and time, his tastes and habits, so long as he discharges his duty to the publick, and respects the laws. He who declaims against another for holding himself aloof from general association, arrogates to himself a power of censure that he does not rightly possess, and betrays his own consciousness of inferiority. Men of really high social station never make this complaint, for they are above jealousy; and they who do, only discover a feeling that is every way removed from the manliness and spirit of true independence.

One may certainly be purse-proud, and of all the sources of human pride, mere wealth is the basest and most vulgar minded. Real gentlemen are almost invariably above this low feeling, and they who attribute habits, that have their rise in sentiment, tastes, knowledge and refinement, to such a cause, usually make the mistake of letting their own ignorance of the existence of motives so elevated, be known. In a word, if the man of property has no more personal legal immunities, than the man who has none, neither has he fewer. He is privileged to use his own means, under the general regulations of society, in the pursuit of his own happiness, and they who would interfere with him, so far from appreciating liberty, are ignorant of its vital principles.

If left to itself, unsupported by factitious political aid, but sufficiently protected against the designs and rapacity of the dishonest, property is an instrument of working most of the good that society enjoys. It elevates a national character, by affording the means of cultivating knowledge and the tastes; it introduces all above barbarism into society; and it encourages and sustains laudable and useful efforts in individuals. Like every other great good, its abuses are in proportion to its benefits.

The possessor of property is not, half the time, as much the object of envy as the needy imagine, for its corrupting influence endangers eternal peace. Great estates are generally of more benefit to the community than to their owners. They bring with them anxiety, cares, demands, and, usually, exaggerated notions, on the part of the publick, of the duties of the rich. So far from being objects of envy, their possessors are oftener the subjects of commiseration; he who has enough for his rational wants, agreeably to his habits and education, always proving the happier man.

The possessions of new families are commonly exaggerated in the publick mind, while those of long established families are as commonly diminished.

A people that deems the possession of riches its highest source of distinction, admits one of the most degrading of all influences to preside over its opinions. At no time, should money be ever ranked as more than a means, and he who lives as if the acquisition of property were the sole end of his existence, betrays the dominion of the most sordid, base, and grovelling motive, that life offers.

Property is desirable as the ground work of moral independence, as a means of improving the faculties, and of doing good to others, and as the agent in all that distinguishes the civilized man from the savage.

Property has been made the test of political rights, in two distinct forms. It has been represented, and it has been established as a qualification. The representation of property is effected in two modes; first, by giving the proprietor more votes than one, according to the number and situation of his freeholds; and, secondly, by raising the test of qualification so high, as to exclude all but the affluent from the franchise. The first was the English system, previously to the recent changes; the last, is the actual system of France.

A government founded on the representation of property, however direct or indirect, is radically vicious, since it is a union of two of the most corrupting influences to which man is subject. It is the proper business of government to resist the corruptions of money, and not to depend on them.

To a qualification of property, if placed so low as to embrace the great majority of the people, there is no very serious objection, though better tests might, perhaps, be devised. Residence, character, information, and fixed relations with society, ought to be added to this qualification; and it might be better, even, could they be made entirely to supersede it. In local governments, or those of towns and villages, which do little more than control property, a low property qualification is the true test of the franchise, though even in these cases, it might be well to add information and character.