Page:Man or the State.djvu/77

59 of the census; property demands a government framed on the ratio of owners and of owning. Laban, who has flocks and herds, wishes them looked after by an officer on the frontiers, lest the Midianites shall drive them off; and pays a tax to that end. Jacob has no flocks or herds and no fear of the Midianites, and pays no tax to the officer. It seemed fit that Laban and Jacob should have equal rights to elect the officer who is to defend their persons, but that Laban and not Jacob should elect the officer who is to guard the sheep and cattle. And if question arise whether additional officers or watch-towers should be provided, must not Laban and Isaac, and those who must sell part of their herds to buy protection for the rest, judge better of this, and with more right, than Jacob, who, because he is a youth and a traveller, eats their bread and not his own? In the earliest society the proprietors made their own wealth, and so long as it comes to the owners in the direct way, no other opinion would arise in any equitable community than that property should make the law for property, and persons the law for persons.

But property passes through donation or inheritance to those who do not create it. Gift, in one case, makes it as really the new owner's, as labor made it the first owner's: in the other case, of patrimony, the law makes an ownership which will be valid in each man's view according to the estimate which he sets on public tranquillity.

It was not however found easy to embody the readily admitted principle that property should make law for property, and persons for persons; since persons and property mixed themselves in every transaction. At last it seemed settled that the rightful distinction was that the proprietors should have more elective franchise than non-proprietors, on the Spartan principle of "calling that which is just, equal; not that which is equal, just."

That principle no longer looks so self-evident as it appeared in former times, partly because doubts have arisen whether too much weight had not been allowed in the laws to property, and such a structure given to our usages as allowed the rich to encroach on the poor, and to keep them poor;