When England prohibited importation of manufactures from France, the import trade continued none the less, under the form of smuggling. The risk of seizure was merely added to the risk of fire and flood. Just as one could insure against the latter risks, so the practice arose of insuring against seizure. At one time, at any rate, in the French ports were to be found brokers who would insure the evasion of a cargo of goods for a premium of fifteen per cent. At the safe distance of a century and a half, the absurd prohibition and its incompetent administration [pg 18]are equally comic. At the time, however, there was nothing comic in the contempt for law and order thus engendered, in the feeling of outrage on the part of those ruined by seizures, and in the alliance of respectable merchants with the thieves and footpads enlisted for the smuggling trade.
VIII
It is a common observation of present day social reformers that an excessive regard is displayed by our governmental organs for security of property, while security of non-property rights is neglected. And this would indeed be a serious indictment of the existing order if there were in fact a natural antithesis between the security of property and security of the person. There is, however, no such antithesis. In the course of history the establishment of security of property has, as a rule, preceded the establishment of personal security, and has provided the conditions in which personal security becomes possible. Adequate policing is essential to any form of security. Property can pay for policing; the person can not. This is a crude and materialistic interpretation of the facts, but it is essentially sound.
How much personal security existed in England, five centuries and a half ago, when it was possible for Richard to carve his way through human flesh to the throne? The lowly, certainly, enjoyed no greater security than the high born. How much personal security exists in the late Macedonian provinces of the Turkish Empire, or in northern Mexico? It is safe to issue a challenge to all the world to produce an instance, contemporary or historical, of a country in which property is insecure and in which human life and human happiness are not still more insecure. On the other hand, it is difficult to produce an instance of a state in which security of property has long been established, in which there is not a progressive sensitiveness about the non-propertied rights of man. It is in the countries [pg 19]where the sacredness of private property is a fetich, that one finds recognition of a universal right to education, of a right to protection against violence and against epidemic disease, of a right to relief in destitution. These are perhaps meagre rights; but they represent an expanding category. The right to support in time of illness and in old age is making rapid progress. The development of such rights is not only not incompatible with security of property, but it is, in large measure, a corollary of property security. Personal rights shape themselves upon the analogy of property rights; they utilize the same channels of thought and habit. One of the most powerful arguments for “social insurance” is its very name. Insurance is recognized as an essential to the security of property; it is therefore easy to make out a case for the application of the principle to non-propertied claims.
Some may claim that the security of property has now fulfilled its mission; that we can safely allow the principle to decay in order to concentrate our attention upon the task of establishing non-propertied rights. But let us remember that we are not removed from barbarism by the length of a universe. The crust of orderly civilization is deep under our feet: but not six hundred years deep. The primitive fires still smoke on our Mexican borders and in the Balkans. And blow holes open from time to time through our own seemingly solid crust—in Colorado, in West Virginia, in the Copper Country. It is evidently premature to affirm that the security of property has fulfilled its mission.
IX
The question at issue, is not, however, the rights of property against the rights of man—or more honestly—the rights of labor. The claims of labor upon the social income may advance at the expense of the claims of property. In the institutional struggle between the propertied and the propertyless, the sympathies of the writer [pg 20]are with the latter party. It is his hope and belief that an ever increasing share of the social income will assume the form of rewards for personal effort.
But this is an altogether different matter from the crushing of one private property interest after another, in the name of the social welfare or the social morality. Such detailed attacks upon property interests are, in the end, to the injury of both social classes. Frequently they amount to little more than a large loss to one property interest, and a small gain to another. They increase the element of insecurity in all forms of property; for who shall say which form is immune from attack? Now it is the slum tenement, obvious corollary of our social inequalities; next it may be the marble mansion or gilded hotel, equally obvious corollaries of the same institutional situation. Now it is the storage of meat that is under attack; it may next be the storage of flour. The fact is, our mass of income yielding possessions is essentially an organic whole. The irreproachable incomes are not exactly what they would be if those subject to reproach did not exist. If some property incomes are dirty, all property incomes become turbid.
The cleansing of property incomes, therefore, is a first obligation of the institution of property as a whole. The compensation principle throws the cost of the cleansing upon the whole mass, since, in the last analysis, any considerable burden of taxation will distribute itself over the mass. The principle is therefore consonant with justice. What is not less important, the principle, systematically developed, would go far toward freeing the legislature from the graceless function of arbitrating between selfish interests, and the administration from the necessity of putting down powerful interests outlawed by legislative act. It would give us a State working smoothly, and therefore an efficient instrument for social ends. Most important of all, it would promote that security of economic interests which is essential to social progress.