I do not pretend to great originality in my views. My efforts have been
to collect the scattered rays of light, and to bring them to bear upon
one interesting topic. The present is the child of the past. The ideas
of bygone races affect the practices of living people. We form but parts
of a whole; we are influenced by those who preceded us, and we shall
influence those who come after us. Men cannot disassociate themselves
either from the past or the future.
In looking at this question there is, I think, a vast difference which
has not been sufficiently recognized. It is the broad distinction
between the system arising out of the original occupation of land, and
that proceeding out of the necessities of conquest; perhaps I should add
a third--the complex system proceeding from an amalgamation, or from the
existence of both systems in the same nation. Some countries have been
so repeatedly swept over by the tide of conquest that but little of
the aboriginal ideas or systems have survived the flood. Others have
submitted to a change of governors and preserved their customary laws;
while in some there has been such a fusion of the two systems that
we cannot decide which of the ingredients was the older, except by a
process of analysis and a comparison of the several products of the
alembic with the recognized institutions of the class of original or of
invading peoples.
Efforts have been made, and not with very great success, to define
the principle which governed the more ancient races with regard to the
possession of land. While unoccupied or unappropriated, it was common
to every settler. It existed for the use of the whole human race. The
process by which that which was common to all became the possession of
the individual has not been clearly stated. The earlier settlers were
either individuals, families, tribes, or nations. In some cases they
were nomadic, and used the natural products without taking possession
of the land; in others they occupied districts differently defined. The
individual was the unit of the family, the patriarch of the tribe. The
commune was formed to afford mutual protection. Each sept or tribe in
the early enjoyment of the products of the district it selected was
governed by its own customary laws. The cohesion of these tribes
into states was a slow process; the adoption of a general system of
government still slower. The disintegration of the tribal system, and
dissolution of the commune, was not evolved out of the original elements
of the system itself, but was the effect of conquest; and, as far as I
can discover, the appropriation to individuals of land which was common
to all, was mainly brought about by conquest, and was guided by impulse
rather than regulated by principle.
Public-domain text, read in full here on John Shaqi.
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