114 LAND AND LABOR. 



the element of permanency, were undesirable, the lands 

 became tribal property, for common use. 



But when in the more advanced stages of society 

 the wandering nomadic life has been departed from, 

 and mankind have gathered into groups and commu- 

 nities, with fixed habits and greatly diversified indus- 

 tries and interests, as at present ; when it is found 

 that a large portion of society, from the very nature 

 of its conditions, can not immediately occupy and 

 make use of any part of the land, whilst other mem- 

 bers of the body politic are altogether dependent upon 

 fixed and permanent allotments, with every degree of 

 necessity existing between the two extremes, it still is 

 the right and duty of society to fix the limitations 

 and determine the tenures by which all these vari- 

 ously required holdings may be obtained and retained. 



Humanly speaking, existing society is the source of 

 title, and the sole authority in all matters of change 

 and adaptation ; and so it must ever continue to be. 

 In all civilized communities the voice and will of so- 

 ciety finds its expression in what is called law ; 

 which, with us, is the direct creation of the people, 

 under prescribed forms and regulations, also made by 

 the people. Therefore, it is not of the smallest con- 

 sequence what may have been the derivations through 

 which the present tenures may have reached us ; the 

 rights of society in the matter remain the same. 

 What might have been deemed vested rights at one 

 time, and under the conditions then existing, may be 

 found vested wrongs at this time and with us, and 

 should be abolished. Our English ancestors, when 

 framing the laws for our government, largely drew 



