2J9 



justice, tlie State must do this, "in one, or both, of two ways, which, 

 severally or jointly, reverse its duty." 



Of these, the first consists of cases in which the State restrains "the 

 freedom of some individuals more than is required by maintenance of the 

 like freedom of other individuals." And these cases "are themselves 

 breaches of the law of equal freedom." This, indeed, is obviously a 

 legitimate application of "the law of equal freedom," but that law itself 

 — as will be shown more fully liereatter — cannot be maintained ; for 

 there are obviously cases, as, for instance, those of minors, and persons 

 non compotes, in which interference by the State, though in violation of 

 the law of equal freedom, is not only proper, but obviously essential. 



The other argument is, that taxation is itself a diminution of freedom, 

 and, except where required for the necessities of the government, there- 

 fore unjust ; and to this proposition we think there can be no reply. But 

 the question of the extent of the legitimate necessities of the government 

 is the very question at issue, and it cannot be assumed that they are lim- 

 ited merely to the essential function of maintaining justice ; but, as I will 

 attempt to show, they are more extensive. Nor does the argument apply 

 to those resources of the government which are not acquired by taxation 

 — as, for instance, the public lands oi the State, and property acquired by 

 esclieat, and also property acquired by gift : with reference to which, or 

 at least to the last, no question can be made. This mode of acquisition 

 by the State — i. e., by gift — will, indeed, probably be regarded as insigni- 

 ficant ; but such is by no means the rase. All the immense property 

 devised or given to public charity is, in fact, given to the State, and is 

 ultimaleiy subject to its disposition ; and it is extremely probable that, by 

 an encouragement of the natural disposition of men, under certain circum- 

 stances, to leave their property for public uses, or charity, this source of 

 acquisition might be rendered enormously prolific. For, at all times, there 

 is a certain percentage of men, who, either from feelings of duty, desire to 

 devote their wealth, or some part of if, to the good of their fellow-men, 

 or who have no other objects to which they desire to devote it ; and I do 

 not think it can be doubted that, if there were an efficient department of 

 the government to take charge of such bequests, and gifts, and to devote 

 them to the public good, either generally, or in reasonable accordance 

 with the will of the donor, such bequests would enormously increase. 



This is, in fact, shown by the great acquisitions of the Church, prior to 

 the statutes of mortmain, and also, by the large sums that have otherwise 

 been devoted to charities of various kinds. Hencp, I regard it as proba- 

 ble, that a never-dying corporation like the State could, in this way, if 

 desirable, acquire property to an almost unlimited extent, and that the 

 disposition of men would, in this respect, have to be curbed rather than 

 encouraged. The real difl^culty is that, under existing circumstances, it 

 could not be hoped that such resources would be wisely and efficiently 

 administered. 



