the next stranger who came by would have a right to inhabit the one and to wear the other. In the case of habitations, in particular, it was natural to observe that even the brute creation, to whom everything else was in common, maintained a kind of permanent property in their dwellings, especially for the protection of their young; that the birds of the air had nests, and the beasts of the fields had caverns, the invasion of which they esteemed a very flagrant injustice, and would sacrifice their lives to preserve them. Hence a property was soon established in every man's house and homestead; which seem to have been originally mere temporary huts or movable cabins, suited to the design of Providence for more speedily peopling the earth, and suited to the wandering life of their owners, before any extensive property in the soil or ground was established. There can be no doubt but that movables of every kind became sooner appropriated than the permanent, substantial soil; partly because they were more susceptible of a long occupancy, which might be continued for months together without any sensible interruption, and at length, by usage, ripen into an established right; but, principally, because few of them could be fit for use till improved and meliorated by the bodily labor of the occupant; which bodily labor, bestowed upon any subject which before lay in common to all men, is universally allowed to give the fairest and most reasonable title to an exclusive property therein. The article of food was a more immediate call, and therefore a more early consideration. Such as were not contented with the spontaneous product of the earth, sought for a more solid refreshment in the flesh of beasts, which they obtained by hunting. But the frequent disappointments incident to that method of provision, induced them to gather together such animals as were of a more tame and sequacious nature and to establish a permanent property in their flocks and herds, in order to sustain themselves in a less precarious manner, partly by the milk of the dams, and partly by the flesh of the young. The support of these their cattle made the article of water also a very important point. And, therefore, the book of Genesis, (the most venerable monument of antiquity, considered merely with a view to history,) will furnish us with frequent instances of violent contentions concerning wells; the exclusive property of which appears to have been established in the first digger or occupant, even in places where the ground and herbage remained yet in common. Thus, we find Abraham, who was but a sojourner, asserting his right to a well in the country of Abimelech, and exacting an oath for his security "because he had digged that well.". And Isaac, about ninety years afterwards, reclaimed this his father's property; and, after much contention with the Philistines, was suffered to enjoy it in peace. All this while, the soil and pasture of the earth remained still in common as before, and open to every occupant; except, perhaps, in the neighborhood of towns, where the necessity of a sole and exclusive property in lands, (for the sake of agriculture,) was earlier felt, and therefore more readily complied with. Otherwise, when the multitude of men and cattle had consumed every convenience on one spot of ground, it was deemed a natural right to seize upon and occupy such other lands as would more easily supply their necessities. We have a striking example of this in the history of Abraham and his nephew Lot. When their joint substance became so great that pasture and other conveniences grew scarce, the natural consequence was that a strife arose between their servants; so that it was no longer practicable to dwell together. This contention, Abraham thus endeavored to compose: "Let there be no strife, I pray thee, between me and thee. Is not the whole land before thee? Separate thyself, I pray thee, from me. If thou wilt take the left hand, then I will go to the right; or if thou depart to the right hand, then I will go to the left." This plainly implies an acknowledged right in either to occupy whatever ground he pleased that was not preoccupied by other tribes. "And Lot lifted up his eyes, and beheld all the plain of Jordan, that it was well watered everywhere, even as the garden of the Lord. Then Lot chose him all the plain of Jordan, and journeyed east; and Abraham dwelt in the land of Canaan." As the world by degrees grew more populous, it daily became more difficult to find out new spots to inhabit, without encroaching upon former occupants; and, by constantly occupying the same individual spot, the fruits of the earth were consumed, and its spontaneous products destroyed, without any provision for future supply or succession. It, therefore, became necessary to pursue some regular method of providing a constant subsistence; and this necessity produced, or at least promoted and encouraged the art of agriculture. And the art of agriculture, by a regular connection and consequence, introduced and established the idea of a more permanent property in the soil than had hitherto been received and adopted. It was clear that the earth would not produce her fruits in sufficient quantities without the assistance of tillage; but who would be at the pains of tilling it, if another might watch an opportunity to seize upon and enjoy the product of his industry, art and labor? Had not, therefore, a separate property in lands, as well as movables, been vested in some individuals, the world must have continued a forest, and men have been mere animals of prey. Whereas, now, (so graciously has Providence interwoven our duty and our happiness together,) the result of this very necessity has been the ennobling of the human species, by giving it opportunities of improving its rational, as well as of exerting its natural faculties. Necessity begat property; and, in order to insure that property, recourse was had to civil society, which brought along with it a long train of inseparable concomitants: states, government, laws, punishments, and the public exercise of religious duties. Thus connected together, it was found that a part only of society was sufficient to provide, by their manual labor, for the necessary subsistence of all; and leisure was given to others to cultivate the human mind, to invent useful arts, and to lay the foundations of science. NOTE.-Cicero. See note on page 156. CXIX. BATTLE OF WATERLOO. THERE was a sound of revelry by night, Soft eyes looked love to eyes which spake again, But hush! hark!-a deep sound strikes like a rising knell! Did ye not hear it?—No; 't was but the wind, -that heavy sound breaks in once more, As if the clouds its echo would repeat, And nearer, clearer, deadlier than before! Arm! arm! it is it is the cannon's opening roar! Ah! then and there was hurrying to and fro, And gathering tears, and tremblings of distress, And cheeks all pale, which, but an hour ago Blushed at the praise of their own loveliness; And there were sudden partings, such as press The life from out young hearts, and choking sighs Which ne'er might be repeated: who could guess If ever more should meet those mutual eyes, Since upon night so sweet such awful morn could rise. And there was mounting in hot haste: the steed, The mustering squadron, and the clattering car Went pouring forward with impetuous speed, And swiftly forming in the ranks of war; And the deep thunder, peal on peal afar; And near, the beat of the alarming drum Roused up the soldier ere the morning star; While thronged the citizens with terror dumb, Or whispering with white lips-"The foe! They come! They come!" And Ardennes waves above them her green leaves, Over the unreturning brave!-alas! Ere evening to be trodden like the grass, Which, now, beneath them, but above, shall grow, In its next verdure, when this fiery mass Of living valor, rolling on the foe, And burning with high hope, shall molder, cold and low Last noon beheld them full of lusty life, The midnight brought the signal sound of strife, |