Mr. Locke thinks that an individual became sole owner of a part of the
common heritage by mixing his labor with the land, in fencing it, making
wells, or building; and he illustrates his position by the appropriation
of wild animals, which are common to all sportsmen, but become the
property of him who captures or kills them. This acute thinker seems
to me to have fallen into a mistake by confounding land with labor. The
improvements were the property of the man who made them, but it by no
means follows that the expenditure of labor on land gave any greater
right than to the labor itself or its representative.
It may not be out of place here to allude to the use of the word
property with reference to land; property--from proprium, my own--is
something pertaining to man. I have a property in myself. I have
the right to be free. All that proceeds from myself, my thoughts, my
writings, my works, are property; but no man made land, and therefore
it is not property. This incorrect application of the word is the more
striking in England, where the largest title a man can have is "tenancy
in fee," and a tenant holds but does not own.
Sir William Blackstone places the possession of land upon a different
principle. He says that, as society became formed, its instinct was to
preserve the peace; and as a man who had taken possession of land could
not be disturbed without using force, each man continued to enjoy the
use of that which he had taken out of the common stock; but, he adds,
that right only lasted as long as the man lived. Death put him out of
possession, and he could not give to another that which he ceased to
possess himself.
Vattel (book i., chap, vii.) tells us that "the whole earth is destined
to feed its inhabitants; but this it would be incapable of doing if it
were uncultivated. Every nation is then obliged by the law of nature to
cultivate the land that has fallen to its share, and it has no right
to enlarge its boundaries or have recourse to the assistance of other
nations, but in proportion as the land in its possession is incapable of
furnishing it with necessaries." He adds (chap. xx.), "When a nation
in a body takes possession of a country, everything that is not divided
among its members remains common to the whole nation, and is called
public property."
Public-domain text, read in full here on John Shaqi.
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