Where there is any considerable portion torn at once from
one bank and added to another, it becomes not his property,
whose land it falls on, till it unite with the land, and
till the trees and plants have spread their roots into both.
Before that, the thought does not sufficiently join them.
In short, we must ever distinguish between the necessity of
a separation and constancy in men's possession, and the
rules, which assign particular objects to particular
persons. The first necessity is obvious, strong, and
invincible: the latter may depend on a public utility more
light and frivolous, on the sentiment of private humanity
and aversion to private hardship, on positive laws, on
precedents, analogies, and very fine connexions and turns of
the imagination.]
We may just observe, before we conclude this subject, that after the
laws of justice are fixed by views of general utility, the injury, the
hardship, the harm, which result to any individual from a violation of
them, enter very much into consideration, and are a great source of that
universal blame which attends every wrong or iniquity. By the laws of
society, this coat, this horse is mine, and OUGHT to remain perpetually
in my possession: I reckon on the secure enjoyment of it: by depriving
me of it, you disappoint my expectations, and doubly displease me, and
offend every bystander. It is a public wrong, so far as the rules of
equity are violated: it is a private harm, so far as an individual is
injured. And though the second consideration could have no place, were
not the former previously established: for otherwise the distinction of
MINE and THINE would be unknown in society: yet there is no question
but the regard to general good is much enforced by the respect to
particular. What injures the community, without hurting any individual,
is often more lightly thought of. But where the greatest public wrong
is also conjoined with a considerable private one, no wonder the highest
disapprobation attends so iniquitous a behaviour.
APPENDIX IV. OF SOME VERBAL DISPUTES.