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 emancipation 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 noblest 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 circumstances of state and outward nobleness; 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 noblemen'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;[B] 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.
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 assuredly 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 passed 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.