And the institution of property in the product of men's toil is not only justified by convenience, but is also ordered by religion. It is only economic expression of the Golden Rule: "Do unto others as you would that they should do unto you;" or "I shall respect your right to the cabin you have built, as I expect you to respect my right to the cabin I have built."
Moreover, even though this were not the rule imposed by religion, it is a rule imposed by the principle of the survival of the fit. In the conflict between races, those races in which rights of property were respected were bound to prevail over those in which these rights were not respected, because respect for rights of property such as these is the only condition upon which a race can become prosperous, accumulate wealth, strength, and all the resources that enable one race successfully to fight with another. And here we see the first reconciliation between religion and science. Both teach exactly the same thing; that is to say, the Golden Rule.
In one sense the institution of property abridges freedom. In another sense it enlarges it. For if a man has not only to kill his game, but to protect it from others, he is a slave to the game he has killed until he has eaten it. Whereas if the community in which he lives has adopted the institution of property and respects it, he can leave his game unprotected, and has leisure therefore for other occupation. It will be seen ultimately that if the institution of property were confined to the product of men's toil, the increase of knowledge of the last few centuries would permit of another enormous enlargement of freedom, for it would permit of the organization of labor in such a manner that the work of securing the necessaries of life that now costs the savage all his time, and the workingman of to-day between eight and twelve hours of his day, need really only cost him a comparatively insignificant fraction of it. But the demonstration of this must be left until later.[74]
We have seen, therefore, that so long as property is confined to the product of men's toil, all is well. The freedom of a savage life which exposed every man to being robbed by every other man is what we call license. The freedom, on the contrary, under the institution of property which secures to men the product of their toil, we may call liberty—liberty being freedom secured by law.
"Legum omnes servi sumus, ut liberi esse possumus."[75]
However simple the idea of property of men in the product of their toil may seem to be, it has in practical life never yet been realized. There are many reasons for this.
If a community were to attempt to-day to divide its available land into tracts of just the size each one could himself cultivate, results would very soon demonstrate that such a division is a physical impossibility. Land varies much in fertility, and the amount of labor necessary to cultivate one acre of land is very different from that necessary to cultivate another acre of land. Men differ in their ability to cultivate. One lacks strength; another intelligence—indeed, some lack intelligence so much that they can never successfully cultivate their own land, and these naturally become the employees of those who can. Again, cultivation, of land leaves nothing for a man to do for a part of the year, and gives him a great deal more than one man can do during the rest of the year. It is impossible, therefore, to divide up the available land of any community into parts which will mathematically or even approximately correspond with the amount of work that each man can do during the year. Then, too, the men who render great services to the community seem entitled to larger buildings, better accommodations, more ease and comfort, more personal service than those who render no service beyond simply the day's work upon land. We find ourselves confronted immediately by the enormous difficulty that results from the inequality of land and the inequality of men, in any attempt to frame a society which will even approximately assure to every man the product of his own labor. These are inherent difficulties which no statesman can disregard.
These difficulties have been enormously increased by the selfishness, the intelligence, the violence, and the craft of men, which have been used to secure to some such large tracts of land that the majority were left without land altogether. And this system tends to be perpetuated by the natural and laudable desire of every man to leave his children after his death as well off as himself, thus creating laws regarding testacy and intestacy of a character to secure this. But the satisfaction of this laudable paternal instinct has had a bad effect upon the community; for, whereas we are all disposed to allow to every man the property which he has accumulated himself, even though this accumulation confers upon him larger wealth than his services warrant, we cannot but feel it improper that his issue, who may be altogether worthless persons, should be enabled through the success of their skilful ancestor to lead lives of idleness and even profligacy from generation to generation. We are all, for example, outraged to think that because John Jacob Astor over a century ago had the forethought to invest his earnings in New York real estate, his descendant, William Waldorf Astor, should to-day, though he has abjured his American nationality and thereby escapes the payment of personal taxes, nevertheless receive millions annually arising from property which has increased in value through the labor of Americans and not through any labor of his own.
Thus we find that owing to inherent physical difficulties such as the inequality of land and the inequality of men, and owing to moral difficulties some of which are reprehensible, as for example, avarice and violence; and others commendable, such as intelligence and love of offspring, notions of property have become altogether different in fact from what they are in theory. Rights of property are not confined to the product of men's toil, but cover all those things which a family has been enabled under the law to accumulate whether by good deeds or by bad. This has given rise to two well-defined classes—one very small which owns land, and the other very large which owns no land. And the fact that the small class owns land and the large one does not own it, makes the latter dependent upon the former.
Much the same thing has taken place as regards personal property. Relatively few men have secured control of the great industries of the country, and are thereby in a position to dictate who shall work at these industries, and as to the wages and conditions under which the work shall be done.