and enjoyment of these bleffings. In fertile extensive countries, with few inhabitants, land is regarded on the fame footing: And no topic is fo much infifted on by thofe, who defend the liberty of the feas, as the unexhaufted use of them in navigation. Were the advantages, procured by navigation, as inexhaustible, these reafoners had never had any adverfaries to refute; nor had any claims ever been advanced of a feparate, exclufive dominion over the ocean.

It may happen, in fome countries, at fome periods, that there be established a property in water, none in land; if the latter be in greater abundance than can be used by the inhabitants, and the former be found with difficulty, and in very fmall quantities.

Again; fuppofe, that, though the neceflities of human race continue the fame as at prefent, yet the mind is fo enlarged, and fo replete with friendship and generofity, that every man has the utmost tendernefs for every man, and feels no more concern for his own intereft than for that of his fellows: It seems evident, that the USE of juftice would, in this cafe, be fufpended by fuch an extenfive benevolence, nor would the divifions and barriers of property and obligation have ever been thought of. Why fhould I bind another, by a deed or promife, to do me any good office, when I know that he is already prompted by the strongest inclination to feek my happiness, and would, of himself, perform the defired fervice; except the hurt, he thereby receives, be greater than the benefit accruing to me? in which cafe, he knows, that, from my innate humanity and friendship, I fhould be the firft to oppofe myfelf to his imprudent generofity. Why raise land-marks between my neighbour's field and mine, when my heart has made no divifion between our interefts; but fhares all his joys and forrows with the fame force and vivacity as if originally my own? Every man, upon this fuppofition, being a second self to another, would trust all his ininterefts

GENESIS, chap. xiii. and xxi.

terefts to the discretion of every man; without jea loufy, without partition, without distinction: And the whole human race would form only one family; where all would lie in common, and be used freely without regard to property; but cautioufly too, with as entire regard to the neceffities of each individual as if our own interefts were most intimately concerned.

In the prefent difpofition of the human heart, it would, perhaps, be difficult to find complete inftances of fuch enlarged affections; but ftill we may observe, that the case of families approaches towards it; and the ftronger the mutual benevolence is among the individuals, the nearer it approaches; till all diftinction of property be, in a great meafure, loft and confounded among them. Between married perfons, the cement of friendship is by the laws fuppofed fo ftrong as to abolish all divifion of poffeffions, and has often, in reality, the force afcribed to it. And it is obfervable, that, during the ardour of new enthufiafms, when every principle is inflamed into extravagance, the community of goods has frequently been attempted; and nothing but experience of its inconveniences, from the returning or disguised selfishness of men, could make the imprudent fanatics adopt anew the ideas of juftice and of feparate property. So true is it that this virtue derives its existence entirely from its neceffary ufe to the interourfe and focial state of mankind.

To make this truth more evident, let us reverse the foregoing fuppofitions; and carrying every thing to the oppofite extreme, confider what would be the effect of these new fituations. Suppofe a fociety to fall into fuch want of all common neceffaries, that the utmost frugality and induftry cannot preferve the greater number from perifhing, and the whole from extreme mifery: It will readily, I believe, be admitted, that the strict laws of juftice are fufpended in fuch a preffing emergence, and give place to the ftronger motives

motives of neceffity and felf-prefervation. Is it any crime, after a fhipwreck, to feize whatever means or inftrument of fafety one can lay hold of, without regard to former limitations of property? Or if a city befieged were perishing with hunger; can we imagine, that men will fee any means of prefervation before them, and lofe their lives from a fcrupulous regard to what, in other fituations, would be the rules of equity and juftice? The USE and TENDENCY of that virtue is to procure happiness and fecurity, by preferving order in fociety: But where the fociety is ready to perish from extreme neceffity, no greater evil can be dreaded from violence and injuftice; and every man may now provide for himself by all the means which prudence can dictate, or humanity permit. The public, even in lefs urgent neceffities, opens granaries without the confent of proprietors; as justly supposing, that the authority of magiftracy may, confiftent with equity, extend fo far: But were any number of men to affemble, without the tye of laws or civil jurisdiction; would an equal partition of bread in a famine, though effected by power and even violence, be regarded as criminal or injurious?

Suppofe likewife, that it fhould be a virtuous man's fate to fall into the fociety of ruffians, remote from the protection of laws and government; what conduct muft he embrace in that melancholy fituation? He fees fuch a defperate rapacioufnefs prevail; fuch a difregard to equity; fuch contempt of order; such ftupid blindness to future confequences, as muft immediately have the most tragical conclufion, and must terminate in deftruction to the greater number, and in a total diffolution of fociety to the reft. He, mean while, can have no other expedient than to arm himfelf, to whomever the fword he feizes, or the buckler, may belong: To make provision of all means of defence and fecurity: And his particular regard to juftice being no longer of USE to his own fafety or that

of

of others, he muft confult the dictates of felf-prefervation alone, without concern for those who no longer merit his care and attention.

When any man, even in political fociety, renders himself by his crimes obnoxious to the public, he is punished by the laws in his goods and perfon; that is, the ordinary rules of justice are, with regard to him, fufpended for a moment, and it becomes equitable to inflict on him, for the benefit of society, what, otherwife, he could not suffer without wrong or injury.

The rage and violence of public war; what is it but a suspension of justice among the warring parties, who perceive, that this virtue is now no longer of any ufe or advantage to them? The laws of war, which then fucceed to thofe of equity and juftice, are rules calculated for the advantage and utility of that particular ftate in which men are now placed. And were a civilized nation engaged with barbarians who obferved no rules even of war; the former must also fufpend their observance of them, where they no longer ferve to any purpofe; and muft render every action or rencounter as bloody and pernicious as poffible to the first aggreffors.

Thus the rules of equity or juftice depend entirely on the particular state and condition in which men are placed, and owe their origin and existence to that UTILITY which refults to the public from their strict and regular obfervance. Reverse, in any confiderable circumftance, the condition of men: Produce extreme abundance or extreme neceffity: Implant in the human breast perfect moderation and humanity, or perfect rapaciousness and malice: By rendering juftice totally useless, you thereby totally deftroy its effence, and fufpend its obligation upon mankind.

The common fituation of fociety is a medium amidft all these extremes. We are naturally partial to ourfelves and to our friends; but are capable of learning the advantage refulting from a more equitable conduct. Few enjoyments are given us from the open

and

and liberal hand of nature; but by art, labour, and industry, we can extract them in great abundance. Hence the ideas of property become neceffary in all civil fociety: Hence juftice derives its usefulness to the public: And hence alone arifes its merit and moral obligation.

Thefe conclufions are fo natural and obvious, that they have not escaped even the poets, in their discriptions of the felicity, attending the golden age or the reign of SATURN. The seasons, in that first period of nature, were fo temperate, if we credit these agreeable fictions, that there was no neceffity for men to provide themselves with cloaths and houses, as a fecurity against the violence of heat and cold: The rivers flowed with wine and milk: The oaks yielded honey; and nature spontaneously produced her greatest delicacies. Nor were these the chief advantages of that happy age. Tempefts were not alone removed from nature; but thofe more furious tempefts were unknown to human breafts, which now caufe fuch uproar, and engender fuch confufion. Avarice, ambition, cruelty, selfishness, were never heard of: Cordial affection, compaffion, fympathy, were the only movements with which the mind was yet acquainted. Even the punctilious diftinction of mine and thine was banished from among that happy race of mortals, and carried with it the very notion of property and obligation, juftice and injuftice.

This poetical fiction of the golden age is, in fome refpects, of a piece with the philofophical fiction of the state of nature; only that the former is reprefented as the most charming and most peaceable condition which can poffibly be imagined; whereas the latter is painted out as a state of mutual war and violence, attended with the most extreme neceffity. On the firft origin of mankind, we are told, their ignorance and favage nature were fo prevalent, that they could give no mutual trust, but muft each depend upon

himself,