pplied to certain new and untried schemes of social organisation, by
which, among other things, it is proposed to supersede the ordinary
rights of property and laws of inheritance--the latter, as is
observed, having, after due experience, failed to realise that
happiness of condition which was anticipated sixty years ago at their
institution. As it is always instructive to look back on the first
departure from rectitude, let us say a few words as to how the French
fell into their present unhappy position.
At the Revolution of 1789-93, it will be recollected that the laws of
primogeniture were overthrown, and it was ordained that in future
every man's property should be divided equally among his children at
his death: there can be no doubt that considerations of justice and
humanity were at the foundation of this new law of inheritance.
Hitherto, there had been a great disparity in the condition of high
and low: certain properties, descending from eldest son to eldest son,
had become enormously large, and were generally ill managed; while
prodigious numbers of people had no property at all, and were
dependents on feudal superiors. The country was undoubtedly in a bad
condition, and some modification of the law was desirable. Reckless of
consequences, the system as it stood was utterly swept away, and that
of equal partition took its place. About the same period, vast domains
belonging to the crown, the clergy, and the nobility, were
sequestrated and sold in small parcels; so that there sprang up almost
at once a proprietary of quite a new description. Had the law of equal
partition been extended only to cases in which there was no
testamentary provision, it could not have inflicted serious damage,
and would at all events have been consistent with reason and
expediency: but it went the length of depriving a parent of the right
to distribute his property in the manner he judged best, and handed
over every tittle of his earnings in equal shares to his children. One
child might be worthless, and another the reverse; no matter--all were
to be treated alike. No preference could be shewn, no posthumous
reward could be given for general good-conduct or filial respect. In
all this, there was something so revolting to common sense, that one
feels a degree of wonder that so acute a people as the French should
have failed to observe the error into which they were plunging.
For every law, however bad, there is always some justific
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