for shade, or the like, acquired for the time a sort of ownership, from which it would have been unjust, and contrary to the law of nature, to have driven him by force; but the instant he quitted the use or occupation of it, another might seize it without injustice. Thus also a vine or other tree might be said to be in common, as all men were equally entitled to its produce; and yet any private individual might gain the sole property of the fruit, which he had gathered for his own repast; a doctrine well illustrated by Cicero, who compares the world to a great theatre, which is common to the public, and yet the place which any man has taken is for the time his own.

But when mankind increased in number, craft and ambition, it became necessary to entertain conceptions of more permanent dominion, and to appropriate to individuals not the immediate use only, but the very substance of the thing to be used. Otherwise, innumerable tumults must have arisen, and the good order of the world have been continually broken and disturbed, while a variety of persons were striving who should get the first occupation of the same thing, or disputing which of them had actually gained it.

As human life also grew more and more refined, abundance of conveniences were devised to render it more easy, commodious, and agreeable as habitations for shelter and safety, and raiment for warmth and decency. But no man would be at the trouble to provide either, so long as he had only a usufructuary property in them, which was to cease the instant he quitted possession; if, as soon as he walked out of his tent, or pulled off his garment, the next stranger who came by would have the right to inhabit the one and to wear the other.

In the case of habitations in particular, it was natural to observe, that even the brute creation, to whom everything else was in common, maintained a kind of permanent property in their dwellings, especially for the protection of their young; that the birds of the air had nests, and the beasts of the fields had caverns, the invasion of which they esteemed a very flagrant injustice, and would sacrifice their lives to preserve them.

Hence, a property was soon established in every man's house and homestall which seem to have been originally mere temporary huts or movable cabins, suited to the design of Providence

for more speedily peopling the earth and suited to the wandering life of their owners before any extensive property in the soil or ground was established.

And there can be no doubt but that movables of every kind became sooner appropriated than the permanent, substantial soil; partly because they were more susceptible of a long occupance, which might be continued for months together without any sensible interruption, and at length by usage ripen into an established right; but principally because few of them could be fit for use, till improved and meliorated by the bodily labor of the occupant; which bodily labor bestowed upon any subject which before lay in common to all men, is universally allowed to give the fairest and most reasonable title to an exclusive property therein.

The article of food was a more immediate call, and, therefore, a more early consideration. Such as were not contented with the spontaneous product of the earth, sought for a more solid refreshment in the flesh of beasts, which they obtained by hunting. But the frequent disappointments incident to that method of provision induced them to gather together such animals as were of a more tame and sequacious nature; and to establish a permanent property in their flocks and herds, in order to sustain themselves in a less precarious manner, partly by the milk of the dams, and partly by the flesh of the young. The support of these, their cattle, made the article of water also a very important point. And, therefore, the book of Genesis (the most venerable monument of antiquity, considered merely with a view to history) will furnish us with frequent instances of the violent contentions concerning wells, the exclusive property of which appears to have been established in the first digger or occupant, even in such places where the ground and herbage remained yet in common.

Thus we find Abraham, who was but a sojourner, asserting his right to a well in the country of Abimelech, and exacting an oath for his security, 'because he had digged that well.' And Isaac, about ninety years afterwards, reclaimed this, his father's property; and after much contention with the Philistines, was suffered to enjoy it in peace.

As the world by degrees grew more populous, it daily became

more difficult to find new spots to inhabit, without encroaching upon former occupants; and by constantly occupying the same individual spot, the fruits of the earth were consumed, and its spontaneous produce destroyed, without any provision for a future supply.

It therefore became necessary to pursue some regular method of providing a constant subsistence; and this necessity produced, or at least promoted and encouraged, the art of agriculture, by a regular connection and consequence; introduced and established the idea of a more permanent property in the soil than had hitherto been received and adopted.

It was clear that the earth would not produce her fruits in sufficient quantities, without the assistance of tillage; but who would be at the pains of tilling it, if another might watch an opportunity to seize upon and enjoy the product of his industry, art and labor? Had not, therefore, a separate property in lands, as in movables, been vested in some individuals, the world must have continued a forest, and men have been mere animals of prey; which, according to some philosophers, is the genuine state of nature. Whereas now (so graciously has Providence interwoven our duty and our happiness together), the result of this very necessity has been the ennobling of the human species, by giving it opportunities of improving its rational faculties, as well as of exerting its natural.

Necessity begat property, and in order to insure that property, recourse was had to civil society, which brought along with it a long train of inseparable concomitants-states, government, laws, punishments, and the public exercise of religious duties. Thus connected together, it was found that a part only of society was sufficient to provide, by their manual labor, 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.

The only question remaining is, how this property became actually vested; or what it is that gave a man an exclusive right to retain in a permanent manner that specific land which before belonged generally to everybody, but particularly to nobody.

And as we before observed, that occupancy gave the right to the temporary use of the soil, so it is agreed upon all hands that

occupancy gave also the original right to the permanent property in the substance of the earth itself, which excludes everyone else but the owner from the use of it."

54. CIVIL LIBERTY.-GENERAL VIEW: In general, it carries the idea that the citizen is protected in his civil rights; such rights as he is entitled to by the proper laws and institutions of a land of constitutional freedom. And this protection implies, on his part, a counter-obligation to uphold the laws and institutions of his country.

Civil liberty arises from a due consideration of man's individual, personal rights, and his social relations, his duties, obligations and rights in respect to every other man and also to the community as a whole.

It means protection in natural and institutional rights, such as a right to the unappropriated fruits of the earth, and to the wealth of the seas; and to the products of toil, as well as to freedom from interference in social, civil and political relations—— such relations as are in accord with moral and civil law and with civil rights and duties.

In English common law, a man's house is his castle

"Domus sua cuique est tutissimum refugium.”

A most sure refuge to everyone is his own house.

None but those of his household can enter unbidden-not even the king-none save an officer of the law empowered by a legal warrant.

As to warrants: The warrant must name the person it is to be served upon. A general warrant

without name inserted is not allowable in English and in American law.

The "Habeas Corpus" writ is an important civil right; trial by a jury of one's peers; the privilege of reasonable bail; proof of guilt to be made by the accusing party, not of innocence by the accused; counsel and protection in public accusation; these and other guarantees of justice, constitute civil rights.

Freedom of public assembly and discussion, liberty of speech and of the press, and the right of petition, liberty to come and go at will, to determine one's residence and business, are all regarded as primary civil rights; yet these all must have their limitations, especially in time of war and civil strife, when it is sometimes necessary for the public safety to abridge or to suspend these rights.

55. CIVIL DUTIES.-Civil duties include respect for the customs, laws and institutions of our country, and for the officials, civic, legislative, judicial and executive, whose function it is to determine and enforce them; in short, require us to honor, obey and support the government; which duties can be done only by the diligent, moral and patriotic citizen pursuing an honest and useful vocation, and ready to deny himself for the public weal.

Reciprocal rights and duties there are on the part of the State or National Government.

Obvious is the duty of economy in the use of public means; not, however, a penny-wise and pound-foolish economy.

Measures must be instituted for the maintenance