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d so long as it comes to the owners in the direct way, no other opinion would arise in any equitable community than that property should make the law for property, and persons the law for persons. But property passes through donation or inheritance to those who do not create it. Gift, in one case, makes it as really the new owner's, as labor made it the first owner's: in the other case, of patrimony, the law makes an ownership which will be valid in each man's view according to the estimate which he sets on the public tranquillity. It was not however found easy to embody the readily admitted principle that property should make law for property, and persons for persons; since persons and property mixed themselves in every transaction. At last it seemed settled that the rightful distinction was that the proprietors should have more elective franchise than non-proprietors, on the Spartan principle of "calling that which is just, equal; not that which is equal, just." That principle no longer looks so self-evident as it appeared in former times, partly, because doubts have arisen whether too much weight had not been allowed in the laws to property, and such a structure given to our usages as allowed the rich to encroach on the poor, and to keep them poor; but mainly because there is an instinctive sense, however obscure and yet inarticulate, that the whole constitution of property, on its present tenures, is injurious, and its influence on persons deteriorating and degrading; that truly the only interest for the consideration of the State is persons; that property will always follow persons; that the highest end of government is the culture of men; and if men can be educated, the institutions will share their improvement and the moral sentiment will write the law of the land. If it be not easy to settle the equity of this question, the peril is less when we take note of our natural defences. We are kept by better guards than the vigilance of such magistrates as we commonly elect. Society always consists in greatest part of young and foolish persons. The old, who have seen through the hypocrisy of courts and statesmen, die and leave no wisdom to their sons. They believe their own newspaper, as their fathers did at their age. With such an ignorant and deceivable majority, States would soon run to ruin, but that there are limitations beyond which the folly and ambition of governors cannot go. Things have their laws, as
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