Part 8 (1/2)

LETTER XXIII.

OF THE JUST TENURE OF LANDS: AND THE PROPER FUNCTIONS OF HIGH PUBLIC OFFICERS.

_20th April, 1867._

146. I must repeat to you, once more, before I proceed, that I only enter on this part of our inquiry to complete the sequence of its system, and explain fully the bearing of former conclusions, and not for any immediately practicable good to be got out of the investigation. Whatever I have hitherto urged upon you, it is in the power of all men quietly to promote, and finally to secure, by the patient resolution of personal conduct; but no action could be taken in re-distribution of land or in limitation of the incomes of the upper cla.s.ses, without grave and prolonged civil disturbance.

Such disturbance, however, is only too likely to take place, if the existing theories of political economy are allowed credence much longer. In the writings of the vulgar economists, nothing more excites my indignation than the subterfuges by which they endeavor to accommodate their pseudoscience to the existing abuses of wealth, by disguising the true nature of rent. I will not waste time in exposing their fallacies, but will put the truth for you into as clear a shape as I can.

147. Rent, of whatever kind, is, briefly, the price continuously paid for the loan of the property of another person. It may be too little, or it may be just or exorbitant or altogether unjustifiable, according to circ.u.mstances. Exorbitant rents can only be exacted from ignorant or necessitous rent-payers: and it is one of the most necessary conditions of state economy that there should be clear laws to prevent such exaction.

148. I may interrupt myself for a moment to give you an instance of what I mean. The most wretched houses of the poor in London often pay ten or fifteen per cent. to the landlord; and I have known an instance of sanitary legislation being hindered, to the loss of many hundreds of lives, in order that the rents of a n.o.bleman, derived from the necessities of the poor, might not be diminished. And it is a curious thing to me to see Mr. J. S. Mill foaming at the mouth, and really afflicted conscientiously, because he supposes one man to have been unjustly hanged, while by his own failure, (I believe, _wilful_ failure)[A] in stating clearly to the public one of the first elementary truths of the science he professes, he is aiding and abetting the commission of the cruelest possible form of murder on many thousands of persons yearly, for the sake simply of putting money into the pockets of the landlords. I felt this evil so strongly that I bought, in the worst part of London, one freehold and one leasehold property, consisting of houses inhabited by the lowest poor; in order to try what change in their comfort and habits I could effect by taking only a just rent, but that firmly. The houses of the leasehold pay me five per cent.; the families that used to have one room in them have now two; and are more orderly and hopeful besides; and there is a surplus still on the rents they pay after I have taken my five per cent., with which, if all goes well, they will eventually be able to buy twelve years of the lease from me. The freehold pays three per cent., with similar results in the comfort of the tenant. This is merely an example of what might be done by firm State action in such matters.

[A] See -- 156.

149. Next, of wholly unjustifiable rents. These are for things which are not, and which it is criminal to consider as, personal or exchangeable property. Bodies of men, land, water, and air, are the princ.i.p.al of these things.

Parenthetically, may I ask you to observe, that though a fearless defender of some forms of slavery, I am no defender of the slave _trade_. It is by a blundering confusion of ideas between _governing_ men, and _trading in_ men, and by consequent interference with the restraint, instead of only with the sale, that most of the great errors in action have been caused among the emanc.i.p.ation men. I am prepared, if the need be clear to my own mind, and if the power is in my hands, to throw men into prison, or any other captivity--to bind them or to beat them--and force them, for such periods as I may judge necessary, to any kind of irksome labor: and on occasion of desperate resistance, to hang or shoot them. But I will not _sell_ them.

150. Bodies of men, or women, then (and much more, as I said before, their souls), must not be bought or sold. Neither must land, nor water, nor air, these being the necessary sustenance of men's bodies and souls.

Yet all these may, on certain terms, be bound, or secured in possession, to particular persons under certain conditions. For instance, it may be proper, at a certain time, to give a man permission to possess land, as you give him permission to marry; and farther, if he wishes it and works for it, to secure to him the land needful for his life; as you secure his wife to him; and make both utterly his own, without in the least admitting his right to buy other people's wives, or fields, or to sell his own.

151. And the right action of a State respecting its land is, indeed, to secure it in various portions to those of its citizens who deserve to be trusted with it, according to their respective desires and proved capacities; and after having so secured it to each, to exercise only such vigilance over his treatment of it as the State must give also to his treatment of his wife and servants; for the most part leaving him free, but interfering in cases of gross mismanagement or abuse of power. And in the case of great old families, which always ought to be, and in some measure, however decadent, still truly are, the n.o.blest monumental architecture of the kingdom, living temples of sacred tradition and hero's religion, so much land ought to be granted to them in perpetuity as may enable them to live thereon with all circ.u.mstances of state and outward n.o.bleness; _but their income must in no wise be derived from the rents of it_, nor must they be occupied (even in the most distant or subordinately administered methods), in the exaction of rents. That is not n.o.blemen's work. Their income must be fixed, and paid them by the State, as the King's is.

152. So far from their land being to them a source of income, it should be, on the whole, costly to them, great part of it being kept in conditions of natural grace, which return no rent but their loveliness; and the rest made, at whatever cost, exemplary in perfection of such agriculture as develops the happiest peasant life;[A] agriculture which, as I will show you hereafter, must reject the aid of all mechanism except that of instruments guided solely by the human hand, or by animal, or directly natural forces; and which, therefore, cannot compete for profitableness with agriculture carried on by aid of machinery.

[A] Compare 'Fors Clavigera,' Letter XXI., page 22.

And now for the occupation of this body of men, maintained at fixed perennial cost of the State.

153. You know I said I should want no soldiers of special skill or pugnacity, for all my boys would be soldiers. But I a.s.suredly want _captains_ of soldiers, of special skill and pugnacity. And also, I said I should strongly object to the appearance of any lawyers in my territory; meaning, however, by lawyers, people who live by arguing about law,--not people appointed to administer law; and people who live by eloquently misrepresenting facts--not people appointed to discover and plainly represent them.

Therefore, the youth of this landed aristocracy would be trained, in my schools, to these two great callings, not _by_ which, but _in_ which, they are to live.

They would be trained, all of them, in perfect science of war, and in perfect science of essential law. And from their body should be chosen the captains and the judges of England, its advocates, and generally its State officers, all such functions being held for fixed pay (as already our officers of the Church and army are paid), and no function connected with the administration of law ever paid by casual fee. And the head of such family should, in his own right, having pa.s.sed due (and high) examination in the science of law, and not otherwise, be a judge, law-ward or Lord, having jurisdiction both in civil and criminal cases, such as our present judges have, after such case shall have been fully represented before, and received verdict from, a jury, composed exclusively of the middle or lower orders, and in which no member of the aristocracy should sit. But from the decision of these juries, or from the Lord's sentence, there should be a final appeal to a tribunal, the highest in the land, held solely in the King's name, and over which, in the capital, the King himself should preside, and therein give judgment on a fixed number of days in each year;--and, in other places and at other times, judges appointed by election (under certain conditions) out of any order of men in the State (the election being national, not provincial): and all causes brought before these judges should be decided, without appeal, by their own authority; not by juries. This, then, recasting it for you into brief view, would be the entire scheme of state authorities:--

154. (1) The King: exercising, as part both of his prerogative and his duty, the office of a supreme judge at stated times in the central court of appeal of his kingdom.

(2) Supreme judges appointed by national election; exercising sole authority in courts of final appeal.

(3) Ordinary judges, holding the office hereditarily under conditions; and with power to add to their number (and liable to have it increased if necessary by the King's appointment); the office of such judges being to administer the national laws under the decision of juries.

(4) State officers charged with the direction of public agency in matters of public utility.

(5) Bishops, charged with offices of supervision and aid, to family by family, and person by person.

(6) The officers of war, of various ranks.