CITATIONS FROM WRITINGS OF JURISTS AND ECONOMISTS. 625 



ments, and the public exercise of religious duties. Thus connected 

 together it was found that a part only of society was sufficient to pro- 

 vide, by their manual labour, for the necessary subsistence of all; and 

 leisure was given to others to cultivate the human mind, to invent 

 useful arts, and to lay the foundations of science. 



Page 352. 



Both Grotius and Puffendorf deduce the appropriation of things, 

 which must have been originally common to all men, from the very con- 

 stitution and organic laws and necessities of the social state; and such 

 appropriation is, as we have already observed, necessary not only for 

 the use and enjoyment of things, but for the peace of society and the 

 very existence of arts, agriculture and every branch of industry. But 

 it follows from these very principles, that things the exclusive appro- 

 priation of which either to a portion of mankind or to certain individ- 

 uals, or exclusive purposes, is unnecessary for the objects of the social 

 state and the purposes above referred to, must remain by natural law 

 common to all men, as they are evidently intended to be. Thus light 

 and air cannot be brought into the exclusive power of any one person, 

 for their use is common to all and no kind of exclusive appropriation is 

 requisite for their full enjoyment. They are, therefore, not divided 

 among a number of owners as other things are. On the same principles 

 the Roman law holds running water to be common to all men. But 

 this decision does not apply to waters the exclusive appropriation of 

 which is necessary for certain purposes, such as water inclosed in a 

 pipe or vessel for some particular use. The common right to running 

 water, therefore, exists only in those cases where the quantity of water 

 is so great that its entire exclusive appropriation is not necessary, 

 having regard for the general objects of the institution of property. In 

 such cases as these, to prevent any man from using and appropriating 

 to himself portions of the water without injuring the common right and 

 enjoyment of others, would be contrary to natural law. 



Works of the Hon. James Wilson, Associate Justice of the United 

 States Supreme Court. Vol. Ill, p. 191, Philadelphia. 



The right of separate property seems to be founded in the nature of 

 men and things; and when societies become numerous, the establish- 

 ment of that right is highly important to the existence, to the tranquil- 

 lity, to the elegancies, to the refinements, and to some of the virtues of 

 civilized life. 



Man is intended for action. Useful and skilful industry is the soul 

 of an active life. But industry should have her just reward. That 

 reward is property; for of useful and active industry, property is the 

 natural result. 



Exclusive property multiplies the productions of the earth, and the 

 means of subsistence. Who would cultivate the soil and sow the grain 

 if he had no peculiar interest in the harvest? Who would rear and 

 tend flocks and herds if they were to be taken from him by the first 

 person who should come to demand them ? 



By exclusive property the productions of the earth and the means of 

 subsistence are secured and preserved, as well as multiplied. What 

 belongs to no one is wasted by every one. What belongs to one man 

 in particular is the object of his economy and care. 



Exclusive property prevents disorder, and promotes peace. With- 

 out its establishment the tranquillity of society would be perpetually 



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