ecuting the laws, are equally protected in the enjoyment of these rights with those that do. And the private individual has little to fear from his not participating in the election of legislators and other public officers, so far as the enjoyment of these rights is concerned. Indeed, it is believed, that the power of the government is called into exercise, fifty or an hundred times, through the instrumentality of suits at law and the various courts of justice and the legislature, to redress other wrongs and to regulate and enforce other rights, to once for the purpose of redressing personal wrongs, or of enforcing personal rights. The sympathies of the public are also usually called into exercise, and often highly excited, in favor of even the humblest individual whose personal rights are invaded or withheld. Hence, in a community advanced in the various arts of life, as ours is; and possessing the complicated interests of agriculture, commerce, manufactures, and the mechanic arts, with the wealth and diversified interests growing out of them and the other various professions and occupations of our citizens, the personal rights are not those which, practically, entitle a person to the greatest share in the management of public affairs. They, however, constitute one of the elements that go to make up the right of suffrage. And it is worthy of remark, that a person, in the rightful exercise of his own personal rights, can never interfere with the rights of others.

Taxes, which constitute the principal burthen imposed by the government upon the people, are almost wholly assessed upon property; and not upon the person. It is true, that in some, and perhaps all of the

States, there is a small tax, usually called a poll tax, assessed upon the person; but this is usually very small. The constitution of the United States contain several important provisions for the protection of personal rights.*

It has been before remarked, that the personal rights are possessed by all and are common to all. They must also, for practical purposes, be considered as equal in all persons. It is evident, therefore, that, in comparing the relative claims of individual persons to the right of suffrage, the personal rights can have no influence in establishing the comparative claim of any one. Because, in estimating the comparative claims of two or more persons, these personal rights balance each other and decide nothing in favor of one person or another. The only just influence that they can have is, to reduce the other qualifications, which form a ground of distinction between different persons, to a lower ratio. Thus, for the sake of illustration, suppose that one hundred represents the quantity of claim entitling one to the right of suffrage; and suppose the claim founded on the personal rights is equal to sixty. Then, a person having other claims to the amount of forty, in addition to his personal rights, will be entitled to the right of suffrage; while a person having no other claim will not be entitled to it. This also shows that, it being admitted that other than the personal rights are properly taken into the account, the personal rights cannot, of themselves, entitle one to the right of suffrage, in any case.

* See the eight first articles of amendment.

CHAPTER III.

Of Rights and Interests in Property.

This subject is divided into two parts, each requir ing a distinct examination.

1. Of a right in property, or the ownership of property generally.

2. Of a right in land, or the ownership of real

estate.

The first will be the subject of the present chapter; and the questions to be considered are whether the ownership of property, according to the true principles of our government, entitles the owner to the right of suffrage; whether it is a necessary qualification; and if so, what amount of property ought to be required to entitle one to that right.

The advantage of civilized, over uncivilized society, is manifested in nothing more clearly than in the means which it furnishes for the acquisition of property; and in the application of property, when acquired, to the wants, the comforts, the convenience and embellishment of life. And the necessity and utility of civil government are experienced in the means and facilities which it provides for the creation. and accumulation of property; and for the enjoyment of it; and for the application of it to the production of human happiness, more than in any thing else. It was shown, in the preceding chapter, that the powers of government are called into exercise much more frequently for the purpose of protecting the rights of

property and of redressing wrongs committed against those rights, than for any other purposes. The acquisition of property, either for the subsistence of one's self and family, or as a capital for their future use, constitutes the principal employment of mankind in civilized communities. It is the prime object of all labor and exertion, and forms the principal business of life. It is not therefore an unreasonable thing, that men should make the care and protection of property a matter of the deepest interest and solicitude. The transactions of men, that have relation to property, are so constant, numerous and complicated, that their interference with the property of others, and the invasions of the rights of property are altogether more numerous and frequent than they are with regard to the personal rights. Besides the necessary or accidental injuries done to the rights of property and the honest controversies arising from conflicting claims; the invasions of those rights; arising from the cupidity of dishonest persons, require a constant vigilance, not only on the part of the owners of property, but on the part of the laws and those who make and administer them, to guard and protect these rights.

Nearly all the taxes levied upon the people for the support of our national and State governments, and public institutions; for the support of schools, colleges, public roads and bridges; for the support of the poor and charitable institutions, and for the general fortification and defence of the country, &c., are assessed, directly or indirectly, upon property. The poor, as well as others, share in the benefits derived from the expenditures made for these purposes.

The owners of property therefore have a deep interest in the affairs of the government; and an interest, too, which others have not. It is reasonable that they should have an influence and an agency in the government, in some degree commensurate with their interests. It may be emphatically asked, why persons having no property should have a right to interfere, by their votes, in the disposition of the property of others; or in the election of legislators and public officers whose most important duties are exercised in matters involving the rights of property? The laws of society will not allow one person to take another's property from him directly; or to interfere with it in any way to the injury of the owner. And there is the same injustice and violation of right if he does it indirectly, by his vote; or by aiding in the election of those who are authorized by the constitution and laws to do it. The ownership of property, to some amount, does therefore entitle one, having all other suitable qualifications, to the right of suffrage.

The same reasons show that it is a necessary qualification. If it is not so, the relative rights of individuals are not preserved: and that equality of rights and influence, which is a fundamental principle in our government, and which it is necessary to preserve for the purpose of preserving the general harmony of the whole, is violated. In a former chapter it was shown in what the equality of different members of society consists. By recurring to the principles there explained, it will be seen, that the right of acquiring,

*Part I., ch. 5.