Tuesday, September 8, 2009

The Old Timers On Property Rights

the founding fathers of this country made voter restrictions not on the primary argument of color or gender - but rather those who had an investment in the country in the manner that they paid taxes and/or owned land.

** The basic principle that governed voting in colonial America was that voters should have a "stake in society." Leading colonists associated democracy with disorder and mob rule, and believed that the vote should be restricted to those who owned property or paid taxes.
**
[ http://www.historynow.org/09_2004/historian.html ]

I believe we now have had about a 100 years of history in this country to prove that the fears of the founding fathers were justified. That those without a stake, if given the vote, would
basically turn it into a class warfare struggle in redistributing the wealth [other writings of the FF's make this claim].

Here's some quotes from Jefferson:

"To take from one because it is thought that his own industry and that of his father's has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association--'the guarantee to every one of a free exercise of his industry and the fruits acquired by it.'" --Thomas Jefferson: Note in Destutt de
Tracy's "Political Economy," 1816. ME 14:466

"If the overgrown wealth of an individual is deemed dangerous to the State, the best corrective is the law of equal inheritance to all in equal degree; and the better, as this enforces a law of nature, while extra-taxation violates it." --Thomas Jefferson: Note in Destutt de
Tracy's "Political Economy," 1816. ME 14:466

Note, many of the FF's also wanted property ownership to evolve where all citizens owned land - for those that were industrious enough.

####FF writings that speak of property and it's importance####

–Thomas Jefferson to Samuel Kercheval, 1816. "The true foundation of republican government is the equal right of every citizen in his person and property and in their management."

--Thomas Jefferson: Note in Destutt de Tracy's "Political Economy,"
1816. ME 14:466 "To take from one because it is thought that his own industry and that of his father's has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association--'the guarantee to every one of a free exercise of his industry and the fruits acquired by it.'"

--Thomas Jefferson: Note in Destutt de Tracy's "Political Economy,"
1816. ME 14:466 "If the overgrown wealth of an individual is deemed dangerous to the State, the best corrective is the law of equal inheritance to all in equal degree; and the better, as this enforces a law of nature, while extra-taxation violates it."

-James Madison, Essay on Property, March 29, 1792. "Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government which impartially secures to every man whatever is his own."

-John Adams, A Defense of the Constitutions of Government of the United States of America, 1787. "The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If 'Thou shalt not covet" and 'Thou shalt not steal' were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free."

–John Adams, 1787. "Suppose a nation, rich and poor, high and low, ten millions in number, all assembled together; not more than one or two millions will have lands, houses, or any personal property; if we take into the account the women and children, or even if we leave them out of the question, a great majority of every nation is wholly destitute of property, except a small quantity of clothes, and a few trifles of other movables. Would Mr. Nedham be responsible that, if all were to be decided by a vote of the majority, the eight or nine millions who have no property, would not think of usurping over the rights of the one or two millions who have? Property is surely a right of mankind as really as liberty. Perhaps, at first, prejudice, habit, shame or fear, principle or religion, would restrain the poor from attacking the rich, and the idle from usurping on the industrious; but the time would not be long before courage and enterprise would come, and
pretexts be invented by degrees, to countenance the majority in dividing all the property among them, or at least, in sharing it equally with its present possessors. Debts would be abolished first;
taxes laid heavy on the rich, and not at all on the others; and at last a downright equal division of every thing be demanded, and voted.
What would be the consequence of this? The idle, the vicious, the intemperate, would rush into the utmost extravagance of debauchery, sell and spend all their share, and then demand a new division of those who purchased from them. The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If 'Thou shalt not covet,' and 'Thou shalt not steal,' were not commandments of Heaven, they must be made inviolable precepts in every society, before it can be civilized or made free."

–Abraham Lincoln, March 21, 1864. "Property is the fruit of labor…property is desirable…is a positive good in the world. That some should be rich shows that others may become rich, and hence is just encouragement to industry and enterprise. Let not him who is houseless pull down the house of another; but let him labor diligently and build one for himself, thus by example assuring that his own shall be safe from violence when built."

-The Rights of the Colonists by Samuel Adams
[http://www.constitution.org/bcp/right_col.htm]
***
"Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature. "

"All men have a right to remain in a state of nature as long as they please; and in case of intolerable oppression, civil or religious, to leave the society they belong to, and enter into another. When men enter into society, it is by voluntary consent; and they have a right to demand and insist upon the performance of such conditions and previous limitations as form an equitable original compact. Every natural right not expressly given up, or, from the nature of a
social compact, necessarily ceded, remains."

"A commonwealth or state is a body politic, or civil society of men, united together to promote their mutual safety and prosperity by means of their union.
The absolute rights of Englishmen and all freemen, in or out of civil society, are principally personal security, personal liberty, and private property."

"First, "The first fundamental, positive law of all common wealths or states is the establishing the legislative power. As the first fundamental natural law, also, which is to govern even the legislative power itself, is the preservation of the society."
Secondly, The Legislative has no right to absolute, arbitrary power over the lives and fortunes of the people; nor can mortals assume a prerogative not only too high for men, but for angels, and therefore reserved for the exercise of the Deity alone.
The Legislative cannot justly assume to itself a power to rule by extempore arbitrary decrees; but it is bound to see that justice is dispensed, and that the rights of the subjects be decided by
promulgated, standing, and known laws, and authorized independent judges"; that is, independent, as far as possible, of Prince and people. "There should be one rule of justice for rich and poor, for the favorite at court, and the countryman at the plough."
Thirdly, The supreme power cannot justly take from any man any part of his property, without his consent in person or by his representative."

"Now what liberty can there be where property is taken away without consent? Can it be said with any color of truth and justice, that this continent of three thousand miles in length, and of a breadth as yet unexplored, in which, however, it is supposed there are five millions of people, has the least voice, vote, or influence in the British Parliament? "
***

-"Declaration and Resolves of the First Continental Congress " OCTOBER 14, 1774
[ http://avalon.law.yale.edu/18th_century/resolves.asp ]
***
"That the inhabitants of the English colonies in North-America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS:
Resolved, N.C.D. 1. That they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent.
Resolved, N.C.D. 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free
and natural- born subjects, within the realm of England.
Resolved, N.C.D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and
enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.
Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented,
and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed: But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are bonfide, restrained to the regulation of our external commerce,
for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members; excluding every idea of taxation internal or external, for raising a revenue on the subjects, in America, without
their consent. "
***

-The Virginia Bill of Rights, June 12, 1776 "That all men are by nature equally free and independent, and have certain rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."

-James Otis, On the Writs of Assistance, 1761. "One of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle."

-Thomas Jefferson, letter to Bancroft, January 26, 1788. "He who is permitted by law to have no property of his own, can with difficulty conceive that property is founded in anything but force."

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