Leading Articles on Various Subjects — John Stuart Mill — John Shaqi
Leading Articles on Various Subjects
John Stuart Mill · en
property, must have the effect of spreading the knowledge of it all
the more widely, and of rendering its results much more disastrous
than they could have possibly been of themselves.
In a time of quiet and good order, when law, whether in the right or
the wrong, is all-potent in enforcing its findings, the argument which
the philosophic Frenchman employs in behalf of the ejected tenantry of
Sutherland, is an argument at which proprietors may afford to smile.
In a time of revolution, however, when lands change their owners, and
old families give place to new ones, it might be found somewhat
formidable,--sufficiently so, at least, to lead a wise proprietor in
an unsettled age rather to conciliate than oppress and irritate the
class who would be able in such circumstances to urge it with most
effect. It is not easy doing justice in a few sentences to the facts
and reasonings of an elaborate essay; but the line of the argument
runs somewhat thus.
Under the old Celtic tenures--the only tenures, be it remembered,
through which the lords of Sutherland derive their rights to their
lands--the _Klaan_, or children of the soil, were the proprietors of
the soil: 'the whole of Sutherland,' says Sismondi, belonged to 'the
men of Sutherland.' Their chief was their monarch, and a very absolute
monarch he was. 'He gave the different _tacks_ of land to his
officers, or took them away from them, according as they showed
themselves more or less useful in war. But though he could thus, in a
military sense, reward or punish the clan, he could not diminish in
the least the property of the clan itself;'--he was a chief, not a
proprietor, and had 'no more right to expel from their homes the
inhabitants of his county, than a king to expel from his country the
inhabitants of his kingdom.' 'Now, the Gaelic tenant,' continues the
Frenchman, 'has never been conquered; nor did he forfeit, on any after
occasion, the rights which he originally possessed;'--in point of
right, he is still a co-proprietor with his captain. To a Scotchman
acquainted with the law of property as it has existed among us, in
even the Highlands, for the last century, and everywhere else for at
least two centuries more, the view may seem extreme; not so, however,
to a native of the Continent, in many parts of which prescription and
custom are found ranged, not on the side of the chief, but on that of
the vassal. 'Switzerland,' says Sismondi, 'which in so many respects
resembles Scotland--in its lakes--its mountains--its climate--and the
character, manners, and habits of its children--was likewise at the
same period parcelled out among a small number of lords. If the Counts
of Kyburgh, of Lentzburg, of Hapsburg, and of Gruyeres, had been
protected by the English laws, they would find themselves at the
present day precisely in the condition in which the Earls of
Sutherland were twenty years ago. Some of them would perhaps have had
the same taste for _improvements_, and several republics would have