The vulgar error on this subject arises from a total confusion in the very idea of things widely different in themselves,—those of convention, and those of judicature. When a contract is making, it is a matter of discretion and of interest between the parties. In that intercourse, and in what is to arise from it, the parties are the masters. If they are not completely so, they are not free, and therefore their contracts are void.
But this freedom has no farther extent, when the contract is made: then their discretionary powers expire, and a new order of things takes its origin. Then, and not till then, and on a difference between the parties, the office of the judge commences. He cannot dictate the contract. It is his business to see that it be enforced,—provided that it is not contrary to preëxisting laws, or obtained by force or fraud. If he is in any way a maker or regulator of the contract, in so much he is disqualified from being a judge. But this sort of confused distribution of administrative and judicial characters (of which we have already as much as is sufficient, and a little more) is not the only perplexity of notions and passions which trouble us in the present hour.
What is doing supposes, or pretends, that the farmer and the laborer have opposite interests,—that the farmer oppresses the laborer,—and that a gentleman, called a justice of peace, is the protector of the latter, and a control and restraint on the former; and this is a point I wish to examine in a manner a good deal different from that in which gentlemen proceed, who confide more in their abilities than is fit, and suppose them capable of more than any natural abilities, fed with no other than the provender furnished by their own private speculations, can accomplish. Legislative acts attempting to regulate this part of economy do, at least as much as any other, require the exactest detail of circumstances, guided by the surest general principles that are necessary to direct experiment and inquiry, in order again from those details to elicit principles, firm and luminous general principles, to direct a practical legislative proceeding.
First, then, I deny that it is in this case, as in any other, of necessary implication that contracting parties should originally have had different interests. By accident it may be so, undoubtedly, at the outset: but then the contract is of the nature of a compromise; and compromise is founded on circumstances that suppose it the interest of the parties to be reconciled in some medium. The principle of compromise adopted, of consequence the interests cease to be different.
But in the case of the farmer and the laborer, their interests are always the same, and it is absolutely impossible that their free contracts can be onerous to either party. It is the interest of the farmer that his work should be done with effect and celerity; and that cannot be, unless the laborer is well fed, and otherwise found with such necessaries of animal life, according to its habitudes, as may keep the body in full force, and the mind gay and cheerful. For of all the instruments of his trade, the labor of man (what the ancient writers have called the instrumentum vocale) is that on which he is most to rely for the repayment of his capital. The other two, the semivocale in the ancient classification, that is, the working stock of cattle, and the instrumentum mutum, such as carts, ploughs, spades, and so forth, though not all inconsiderable in themselves, are very much inferior in utility or in expense, and, without a given portion of the first, are nothing at all. For, in all things whatever, the mind is the most valuable and the most important; and in this scale the whole of agriculture is in a natural and just order: the beast is as an informing principle to the plough and cart; the laborer is as reason to the beast; and the farmer is as a thinking and presiding principle to the laborer. An attempt to break this chain of subordination in any part is equally absurd; but the absurdity is the most mischievous, in practical operation, where it is the most easy,—that is, where it is the most subject to an erroneous judgment.
It is plainly more the farmer's interest that his men should thrive than that his horses should be well fed, sleek, plump, and fit for use, or than that his wagon and ploughs should be strong, in good repair, and fit for service.
On the other hand, if the farmer ceases to profit of the laborer, and that his capital is not continually manured and fructified, it is impossible that he should continue that abundant nutriment and clothing and lodging proper for the protection of the instruments he employs.
It is therefore the first and fundamental interest of the laborer, that the farmer should have a full incoming profit on the product of his labor. The proposition is self-evident; and nothing but the malignity, perverseness, and ill-governed passions of mankind, and particularly the envy they bear to each other's prosperity, could prevent their seeing and acknowledging it, with thankfulness to the benign and wise Disposer of all things, who obliges men, whether they will or not, in pursuing their own selfish interests, to connect the general good with their own individual success.
But who are to judge what that profit and advantage ought to be? Certainly no authority on earth. It is a matter of convention, dictated by the reciprocal conveniences of the parties, and indeed by their reciprocal necessities.—But if the farmer is excessively avaricious?—Why, so much the better: the more he desires to increase his gains, the more interested is he in the good condition of those upon whose labor his gains must principally depend.
I shall be told by the zealots of the sect of regulation, that this may be true, and may be safely committed to the convention of the farmer and the laborer, when the latter is in the prime of his youth, and at the time of his health and vigor, and in ordinary times of abundance. But in calamitous seasons, under accidental illness, in declining life, and with the pressure of a numerous offspring, the future nourishers of the community, but the present drains and blood-suckers of those who produce them, what is to be done? When a man cannot live and maintain his family by the natural hire of his labor, ought it not to be raised by authority?