PROPERTY IN TE£E ALASKAN SEAL HERD. G5 



It is, indeed, upon this ground, and this ground alone, that the con- 

 quest by civilized nations of countries occupied by savages has been, 

 or can be, defended. The great nations of Europe took possession by 

 force and divided among themselves the great continents of North and 

 South America. Great Britain has incorporated into her extensive 

 empire vast territories in India and Australia by force, and against the 

 will of their original inhabitants. She is now, with France and Ger- 

 many as rivals, endeavoring to establish and extend her dominion in 

 the savage regions of Africa. The United States, from time to time, 

 expel the native tribes of Indians from their homes to make room for 

 their own people. These acts of the most civilized and Christian nations 

 are inexcusable robberies, unless they can be defended, under the law 

 of nature, by the argument that these uncivilized countries were the 

 gifts of nature to man, and that their inhabitants refused, or were una- 

 ble, to perform that great trust, imposed upon all nations, to make the 

 capabilities of the countries which they hold subservient to the needs 

 of man. And this argument is a sufficient defense, not indeed for the 

 thousand excesses which have stained these conquests, but for the 

 conquests themselves. 



The second proposition above advanced, namely, that the title which 

 nature bestows upon man to her gifts is of the usufruct only, is, indeed, 

 but a corollary from that which has just been discussed, or rather a 

 part of it, for in saying that the gift is not to this nation or that, but to 

 mankind, all generations, future as well as present, are intended. The 

 earth was designed as the permanent abode of man through ceaseless 

 generations. Each generation, as it appears upon the scene, is entitled 

 only to use the fair inheritance. It is against the law of nature that any 

 waste should be committed to the disadvantage of the succeeding ten- 

 ants. * The title of each generation may be described in a term familiar 



1 Since the power of man over things extends no further than to use them accord- 

 ingly as they are in their nature usable, things are not matter for consideration in 

 law except in regard to the use or treatment of which they are capable. Hence no 

 right to things can exist beyond the right to use them according to their nature; 

 and this right is Property. No doubt a person can wantonly destroy a subject of 

 property, or treat it in as many ways which are rather an abuse than a use of the 

 thing. But such abuse is wasteful and immoral; and that it is not at the same time 

 illegal, is simply because there are many duties of morality which it is impossible, 

 inexpedient, or unnecessary for the positive law to encorporate or enforce. I there- 

 fore define property to be the right to the exclusive use of a thing. 



It will, perhaps, be objected to this that if gathering the acorns, or other fruits of 

 the earth, etc., makes a right to thein, then any one may engross as much as he will. 

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