which fashion, more irresistible than laws, has once introduced into general usage; or, in other words, has erected into necessaries of life. Laws cannot induce men to enter into marriages, when the expenses of a family must deprive them of that system of accommodation to which they have habituated their expectations. Laws, by their protection, by assuring to the labourer the fruit and profit of his labour, may help to make a people industrious; but without industry, the laws cannot provide either subsistence or employment; laws cannot make corn grow without toil and care, or trade flourish without art and diligence. In spite of all laws, the expert, laborious, honest workman, will be employed, in preference to the lazy, the unskilful, the fraudulent, and evasive: and this is not more true of two inhabitants of the same village, than it is of the people of two different countries, which communicate either with each other, or with the rest of the world. The natural basis of trade is rivalship of quality and price; or, which is the same thing, of skill and industry. Eve evident that this question is equivalent to an-formed, how far regulations of law are in their other, whether such contrivances diminish nature capable of contributing to the support or not the quantity of employment. The first and advancement of population. I say how and most obvious effect undoubtedly is this; be- far; for, as in many subjects, so especially cause, if one man be made to do what three men in those which relate to commerce, to plenty, did before, two are immediately discharged: to riches, and to the number of people, more but if, by some more general and remoter con-is wont to be expected from laws, than laws sequence, they increase the demand for work, can do. Laws can only imperfectly restrain or, what is the same thing, prevent the dimi- that dissoluteness of manners, which, by diminution of that demand, in a greater propor- nishing the frequency of marriages, impairs tion than they contract the number of hands the very source of population. Laws cannot by which it is performed, the quantity of em-regulate the wants of mankind, their mode of ployment, upon the whole, will gain an addi- living, or their desire of those superfluities tion. Upon which principle it may be observed, first, that whenever a mechanical invention succeeds in one place, it is necessary that it be imitated in every other, where the same manufacture is carried on; for, it is manifest, that he who has the benefit of a conciser operation, will soon outvie and undersell a competitor who continues to use a more circuitous labour. It is also true, in the second place, that whoever first discover or adopt a mechanical improvement, will, for some time, draw to themselves an increase of employment; and that this preference may continue even after the improvement has become general; for, in every kind of trade, it is not only a great but permanent advantage, to have once pre-occupied the public reputation. Thirdly, after every superiority which might be derived from the possession of a secret, has ceased, it may be well questioned whether even then any loss can accrue to employment. The same money will be spared to the same article still. Wherefore, in proportion as the article can be afforded at a lower price, by reason of an easier or shorter process in the manufacture, it will ei-ry attempt to force trade by operation of law, ther grow into more general use, or an improvement will take place in the quality and fabric, which will demand a proportionable addition of hands. The number of persons employed in the manufactory of stockings, has not, I apprehend, decreased since the invention of stocking-mills. The amount of what is expended upon the article, after subtracting from it the price of the raw material, and consequently what is paid for work in this branch of our manufactories, is not less than it was before. Goods of a finer texture are worn in the place of coarser. This is the change which the invention has produced; and which compensates to the manufactory for every other inconveniency. Add to which, that in the above, and in almost every instance, an improvement which conduces to the recommendation of a manufactory, either by the cheapness or the quality of the goods, draws up after it many dependent employments, in which no abbrevia-purpose can be promoted, is to adjust the laws tion has taken place. From the reasoning that has been pursued, and the various considerations suggested in this chapter, a judgment may, in some sort, be that is, by compelling persons to buy goods at one market, which they can obtain cheaper and better from another, is sure to be either eluded by the quick-sightedness and incessant activity of private interest, or to be frustrated by retaliation. One half of the commercial laws of many states are calculated merely to counteract the restrictions which have been imposed by other states. Perhaps the only way in which the interposition of law is salutary in trade, is in the prevention of frauds. Next to the indispensible requisites of ininternal peace and security, the chief advantage which can be derived to population from the interference of law, appears to me to consist in the encouragement of agriculture. This, at least, is the direct way of increasing the number of the people: every other mode being effectual only by its influence upon this. Now the principal expedient by which such a of property, as nearly as possible, to the two following rules: first," to give to the occupier "all the power over the soil, which is neces"sary for its perfect cultivation ;"-secondly, "to assign the whole profit of every improvement to the persons by whose ac "tivity it is carried on." What we call property in land, as hath been observed above, is power over it. Now it is indifferent to the public in whose hands this power resides, if it be rightly used; it matters not to whom the land belongs, if it be well cultivated. When we lament that great estates are often united in the same hand, or complain that one man possesses what would be sufficient for a thousand, we suffer ourselves to be misled by words. The owner of ten thousand pounds a-year, consumes little more of the produce of the soil than the owner of ten pounds ayear. If the cultivation be equal, the estate in the hands of one great lord, affords subsistence and employment to the same number of persons as it would do if it were divided amongst a hundred proprietors. In like manner we ought to judge of the effect upon the public interest, which may arise from lands being holden by the king, or by the subject; by private persons, or by corporations; by laymen, or ecclesiastics; in fee, or for life; by virtue of office, or in right of inheritance. I do not mean that these varieties make no difference, but I mean that all the difference they do make respects the cultivation of the lands which are so holden. population, yet the enclosure of lands in-tillage, in order to convert them into pastures, is as generally hurtful. But, secondly, agriculture is discouraged by every constitution of landed property which lets in those, who have no concern in the improvement, to a participation of the profit. This objection is applicable to all such customs of manors as subject the proprietor, upon the death of the lord or tenant, or the alienation of the estate, to a fine apportioned to the improved value of the land. But of all institutions which are in this way adverse to cultivation and improvement, none is so noxious as that of tithes. A claimant here enters into the produce, who contributed no assistance whatever to the production. When years, perhaps, of care and toil have matured an improvement; when the husbandman sees new crops ripening to his skill and industry; the moment he is ready to put his sickle to the grain, he finds himself compelled to divide his harvest with a stranger. Tithes are a tax not only upon industry, but upon that industry which feeds mankind; upon that species of exertion which it is the aim of all wise laws to cherish and promote; and to uphold and excite which, composes, as we have seen, the There exist in this country, conditions of main benefit that the community receives from tenure which condemn the land itself to per- the whole system of trade, and the success of petual sterility. Of this kind is the right of commerce. And, together with the more gecommon, which precludes each proprietor from neral inconveniency that attends the exaction the improvement, or even the convenient oc- of tithes, there is this additional evil, in the cupation, of his estate, without (what seldom mode at least according to which they are colcan be obtained) the consent of many others. lected at present, that they operate as a bounThis tenure is also usually embarrassed by ty upon pasturage. The burthen of the tax the interference of manorial claims, under falls with its chief, if not with its whole weight, which it often happens that the surface be- upon tillage; that is to say, upon that prelongs to one owner, and the soil to another; cise mode of cultivation, which, as hath been so that neither owner can stir a clod without shown above, it is the business of the state to the concurrence of his partner in the proper- relieve and remunerate, in preference to every ty. In many manors, the tenant is restrain- other. No measure of such extensive coned from granting leases beyond a short term cern appears to me so practicable, nor any sinof years; which renders every plan of solid gle alteration so beneficial, as the conversion improvement impracticable. In these cases, of tithes into corn-rents. This commutation, the owner wants, what the first rule of ra- I am convinced, might be so adjusted, as to tional policy requires," sufficient power over secure to the tithe-holder a complete and per"the soil for its perfect cultivation." This petual equivalent for his interest, and to leave power ought to be extended to him by some to industry its full operation, and entire reeasy and general law of enfranchisement, par- ward. tition, and enclosure; which, though compul sory upon the lord, or the rest of the tenants, whilst it has in view the melioration of the soil, and tenders an equitable compensation for every right that it takes away, is neither CHAPTER XII. more arbitrary, nor more dangerous to the OF WAR, AND OF MILITARY ESTABLISH MENTS. stability of property, than that which is done in the construction of roads, bridges, embankments, navigable canals, and indeed in almost BECAUSE the Christian Scriptures describe every public work, in which private own-wars as what they are, as crimes or judg ers of land are obliged to accept that price ments, some have been led to believe that it for their property which an indifferent jury is unlawful for a Christian to bear arms. But may award. It may here, however, be pro- it should be remembered that it may be neper to observe, that although the enclosure of cessary for individuals to unite their force, wastes and pastures be generally beneficial to and for this end to resign themselves to che 99 direction of a common will: and yet, it may try from its sources of provision, or deprive it be true that that will is often actuated by cri- of those commercial advantages to which its minal motives, and often determined to de- climate, produce, or situation naturally entitle structive purposes. Hence, although the ori- it: the magnitude of the particular evil induces gin of wars be ascribed, in Scripture, to the us to call in question the obligation of the genoperation of lawless and malignant passion; eral rule. Moral Philosophy furnishes no preand though war itself be enumerated among cise solution to these doubts. She cannot prothe sorest calamities with which a land can nounce that any rule of morality is so rigid be visited, the profession of a soldier is no as to bend to no exceptions; nor, on the other where forbidden or condemned. When the hand, can she comprise these exceptions withsoldiers demanded of John the Baptist what in any previous description. She confesses that they should do, he said unto them, "Do vio- the obligation of every law depends upon its' "lence to no man, neither accuse any false- ultimate utility; that this utility, having a fi"ly, and be content with your wages+." In nite and determinate value, situations may be which answer we do not find that, in order to feigned, and consequently may possibly arise, prepare themselves for the reception of the in which the general tendency is outweighed kingdom of God, it was required of soldiers to by the enormity of the particular mischief: relinquish their profession, but only that they but she recalls, at the same time, to the conshould beware of the vices of which that pro-sideration of the inquirer, the almost inestimfession was accused. The precept which fol- able importance, as of other general rules of lows, "Be content with your wages," sup- relative justice, so especially of national and posed them to continue in their situation. It personal fidelity; the unseen, if not unboundwas of a Roman centurion that Christ pro-ed, extent of the mischief which must follow nounced that memorable eulogy, "I have not from the want of it; the danger of leaving it "found so great faith, no, not in Israel+.' to the sufferer to decide upon the comparison The first Gentile convert § who was received of particular and general consequences; and into the Christian church, and to whom the the still greater danger of such decisions being Gospel was imparted by the immediate and drawn into future precedents. If treaties, for especial direction of Heaven, held the same instance, be no longer binding than whilst station: and in the history of this transaction they are convenient, or until the inconveniency we discover not the smallest intimation, that ascend to a certain point, (which point must be Cornelius, upon becoming a Christian, quit- fixed by the judgment, or rather by the feelted the service of the Roman legion; that his ings, of the complaining party;) or if such an profession was objected to, or his continu- opinion, after being authorised by a few exance in it considered as in any wise inconsis- amples, come at length to prevail; one and tent with his new character. almost the only method of averting or closing In applying the principles of morality to the the calamities of war, of either preventing or affairs of nations, the difficulty which meets us, putting a stop to the destruction of mankind, arises from hence, "that the particular conse- is lost to the world for ever. We do not "quence sometimes appears to exceed the value say that no evil can exceed this, nor any pos"of the general rule." In this circumstance sible advantage compensate it; but we say that is founded the only distinction that exists be-a loss, which affects all, will scarcely be made ́ tween the case of independent states, and of in-up to the common stock of human happiness" dependent individuals. In the transactions of by any benefit that can be procured to a single private persons, no advantage that results from nation, which, however respectable when comthe breach of a general law of justice, can compared with anyother single nation, bears an inpensate to the public for the violation of the law; in the concerns of empire, this may sometimes be doubted. Thus, that the faith of promises ought to be maintained, as far as is lawful, and as far as was intended by the parties, whatever inconveniency either of them may suffer by his fidelity, in the intercourse of private life, is seldom disputed; because it is evident to almost every man who reflects upon the subject, that the common happiness gains more by the preservation of the rule, than it could do by the removal of the inconveniency. But when the adherence to a public treaty would enslave a whole people; would block up seas, rivers, or harbours; depopulate cities; condemn fertile regions to eternal desolation; cut off a coun considerable proportion to the whole. These, however, are the principles upon which the calculation is to be formed. It is enough, in this place, to remark the cause which produces the hesitation that we sometimes feel, in ap. plying rules of personal probity to the conduct of nations. As between individuals it is found impossible to ascertain every duty by an immediate reference to public utility, not only because such reference is oftentimes too remote for the direction of private consciences, but because a multitude of cases arise in which it is indifferent to the general interest by what rule men act, though it be absolutely necessary that they act by some constant and known rule or other and as, for these reasons, certain positive constitutions are wont to be established in every society, which, when established, be M repeated of the rules which the law of nations prescribes in the other instances that were mentioned, namely, that the obscurity of their origin, or the arbitrariness of their principle, subtracts nothing from the respect that is due to them, when once established. War may be considered with a view to its causes and its conduct. come as obligatory as the original principles of termination and certainty: above all, that it natural justice themselves; so, likewise, it is is acquiesced in, and that no one has power to between independent communities. Together substitute another, however he might contrive with those maxims of universal equity which a better, in its place: when we reflect upon are common to states and to individuals, and these properties of the rule, or rather upon by which the rights and conduct of the one as these consequences of rejecting its authority, well as the other, ought to be adjusted, when we are led to ascribe to it the virtue and obli they fall within the scope and application of gation of a precept of natural justice, because such maxims; there exists also amongst sove- we perceive in it that which is the foundation reigns a system of artificial jurisprudence, un- of justice itself,-public importance and utilider the name of the law of nations. In this ty. And a prince who should dispute this code are found the rules which determine the rule, for the want of regularity in its forma. right to vacant or newly-discovered countries; tion, or of intelligible justice in its principle, those which relate to the protection of fugi- and by such disputes should disturb the tran tives, the privileges of ambassadors, the con- quillity of nations, and at the same time lay dition and duties of neutrality, the immuni- the foundation of future disturbances, would be ties of neutral ships, ports, and coasts, the dis- little less criminal than he who breaks the pub. tance from shore to which these immunities lic peace, by a violation of engagements to which extend, the distinction between free and con- he had himself consented, or by an attack up. traband goods, and a variety of subjects of the on those national rights which are founded imsame kind. Concerning which examples, and mediately in the law of nature, and in the first indeed the principal part of what is called the perceptions of equity. The same thing may be jus gentium, it may be observed, that the rules derive their moral force, (by which I mean the regard that ought to be paid to them by the consciences of sovereigns,) not from their internal reasonableness or justice, for many of them are perfectly arbitrary, nor yet from the authority by which they were established, for the greater part have grown insensibly into usage, without any public compact, formal acknowledgment, or even known original; but simply from the fact of their being esta- The justifying causes of war, are, deliberats blished, and the general duty of conforming to invasions of right, and the necessity of mainestablished rules upon questions, and between taining such a balance of power amongst neighparties, where nothing but positive regulations bouring nations, as that no single state, or concan prevent disputes, and where disputes are federacy of states, be strong enough to overfollowed by such destructive consequences. The whelm the rest. The objects of just war, are, first of the instances which we have just now precaution, defence, or reparation. In a lar enumerated, may be selected for the illustra- ger sense, every just war is a defensive war, tion of this remark. The nations of Europe inasmuch as every just war supposes an inconsider the sovereignty of newly-discover- jury perpetrated, attempted, or feared. ed countries as belonging to the prince or The insufficient causes or unjustifiable mostate whose subject makes the discovery: and tives of war, are the family alliances, the perin pursuance of this rule, it is usual for a na-sonal friendships, or the personal quarrels, of vigator, who falls upon an unknown shore, to princes; the internal disputes which are cartake possession of it, in the name of his sove-ried on in other nations; the justice of other reign at home, by erecting his standard, or dis-wars; the extension of territory, or of trade; playing his flag upon a desert coast. Now no- the misfortunes or accidental weakness of a thing can be more fanciful, or less substantiat- neighbouring or rival nation. ed by any considerations of reason or justice, There are two lessons of rational and sober than the right which such discovery, or the policy, which, if it were possible to inculcate transient occupation and idle ceremony that them into the councils of princes, would exaccompany it, confer upon the country of the clude many of the motives of war, and allay discoverer. Nor can any stipulation be pro- that restless ambition which is constantly stirduced, by which the rest of the world have ring up one part of mankind against another. bound themselves to submit to this pretension. The first of these lessons admonishes prinYet when we reflect that the claims to newly-ces to "place their glory and their emudiscovered countries can hardly be settled, be-"lation, not in extent of territory, but in tween the different nations which frequent" raising the greatest quantity of happiness them, without some positive rule or other; "out of a given territory." The enlargethat such claims, if left unsettled, would prove ment of territory by conquest is not only a just sources of ruinous and fatal contentions; that object of war, but in the greater part of the inthe rule already proposed, however arbitrary, stances in which it is attempted, not even desipussesses one principal quality of a rule-de-rable. It is certainly not desirable where it adds nothing to the numbers, the enjoyments, or been difficult to have circulated this persua sion amongst independent nations; or to have united them in any regular or steady opposi tion to their continental enemies, had not the valour and fortune of an enterprising prince incorporated the whole into a single monarchy, Here, the conquered gained as much by the revolution, as the conquerors. In like manner, and for the same reason, when the two royal families of Spain were met together in one race of princes, and the several provinces of France had devolved into the possession of a single sovereign, it became unsafe for the inhabitants of Great Britain any longer to remain under separate governments. The union of England and Scotland, which transformed two quarrelsome neighbours into one powerful empire, and which was first brought about by the course of succession, and afterwards completed by amicable convention, would have been a fortunate conclusion of hostilities, had it been effected by the operations of war.These two cases being admitted, namely, the obtaining of natural boundaries and barriers, and the including under the same government those who have a common danger and a common enemy to guard against; I know not whether a third can be thought of, in which the extension of empire by conquest is useful even to the conquerors. The second rule of prudence which ought to be recommended to those who conduct the affairs of nations, is, "never to pursue na"tional honour as distinct from national in, "terest." This rule acknowledges that it is often necessary to assert the honour of a nation for the sake of its interest. The spirit There are, indeed, two cases in which the and courage of a people are supported by flatextension of territory may be of real advantage, tering their pride. Concessions which betray and to both parties. The first is, where an too much of fear or weakness, though they reempire thereby reaches to the natural bound-late to points of mere ceremony, invite dearies which divide it from the rest of the world. Thus we account the British Channel the natural boundary which separates the nations of England and France; and if France possessed any countries on this, or England any cities or provinces on that, side of the sea, recovery of such towns and districts to what may be called their natural sovereign, though it may not be a just reason for commencing war, would be a proper use to make of victory. The other case is, where neighbouring states, being severally too small and weak to defend themselves against the dangers that surround them, can only be safe by a strict and constant junction of their strength: here conquest will effect the purposes of confederation and alliance; and the union which it produces is often more close and permanent than that which results from voluntary association. Thus, if the heptarchy had continued in England, the different kingdoms of it might have separately fallen a prey to foreign invasion: and although the interest and danger of one part of the island were in truth common to every other part, it might have mands and attacks of more serious importance. Our rule allows all this; and only directs that, when points of honour become subjects of contention between sovereigns, or are likely to be made the occasions of war, they be estimated with a reference to utility, and not by themselves. "The dignity of his crown, the "honour of his flag, the glory of his arms," in the mouth of a prince, are stately and imposing terms; but the ideas they inspire, are insatiable. It may be always glorious to conquer, whatever be the justice of the war, or the price of the victory. The dignity of a sovereign may not permit him to recede from claims of homage and respect, at whatever expence of national peace and happiness they are to be maintained; however unjust they may have been in their original, or in their continuance however useless to the possessor, or mortifying and vexatious to other states. The pursuit of honour, when set loose from the admonitions of prudence, becomes in kings a wild and romantic passion: eager to engage, and gathering fury in its progress, it is checked |