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MR. M-CULLOCH's book introduces The cry of complaint to which we us to a question much debated in this have above alluded, is inspired by age of class jealousy. As soon as we many diverse motives. As Mr. Cochopen it, we are straightway environed rane's ragged followers flocked to Trawith “ a barbarous noise of owls and falgar Square to denounce the incomecuckoos, asses, apes, and dogs," amid tax, so many a man takes up the whose jargon of phrases rises loudest shout against the law of primogeniture and most frequent the cry of “com- and entail
, as tying up lands and remercial principles.” It is a great stricting their sale, who never had the grievance, it seems, that land should wherewithal to purchase a single acre not be disposed of according to “com- if all broad England was in the market. mercial principles;" that hill and holt, On the other hand, the purse-proud and moor and dale, should not pass citizen, sore that ready money is not from seller to buyer with the same yet quite at the top of the tree, and readiness as candles and calicoes. that he does not receive the same conTruly we have enough, and more sideratio pat St. James's as in Change than enough, of these same commer- Alley, delights to have some grievance cial principles in all walks of thought. whereon he can vent his spleen; and Even the pulpit is not free from them. really, in some stolid instances, perPolitics are positively smothered with suades himself that he is kept out of them. Ethical science, with the shal- the land which his gold could buy, lowisms of Paley and Bentham round through the agency of aristocratical her neck, struggles feebly with them. laws, as if George Robins had been a The book-keeper is abroad every- mythical personage, or the advertisewhere, with an indestructible faith in ments of Farebrother, Clark, and Lye, double entry. The Spirit of the Age were a mockery and delusion. wears a pen behind his ear, and sits on But the largest class of assailants a high stool with three legs. That are those who come to the debate forthe prevailing commercial principles tified with certain specious economical should have been so long excluded arguments, generally' derived from a from the absolute possession of our one-sided view of some particular laws of land, and that those laws effect of these restrictive laws. To should have preserved to a time like the demolition of these objectors Mr. this so much of their feudal character, M'Culloch's work is more immediately is a notable proof of the adaptation of addressed; and very effectually, in our the laws to the general requirements opinion, does it accomplish its end. of the community, and of the steadi- He has not, perhaps, treated the subness of that social system which is so ject so widely as it might have been essentially linked to the maintenance treated: he has not entered into the of these laws.
indirect social influences that might be
*A Treatise on the Succession to Property vacant by Death. By J. R. M'CulLOCH, Esq. London: Longmans, 1848. VOL. LXIV.
traced to our system of the laws re- proceeds at once to show how the laws lating to land; but the economical on which he treats operate for this part of the question he has grasped preservation, and to rebut the objecmost completely, and supported by tions advanced against them on the most able and practical reasoning. score of their relations to other classes
We must, we suppose, look for the of the community. text of the work, not where the text One of the most frequent of these is usually found, but at the end. The objections is, that the laws in question following sentence, which is almost tend to diminish the productiveness the concluding one, may be taken as of the land, and thereby inflict a the leading proposition of the work :- serious injury on the community at
large; that they prevent, in many “A powerful and widely-ramified aris- instances, the landlord from granting tocracy like that of England, not resting leases to his tenant beyond the term for support on any oppressive laws, and of his own life; that the tenant, in enjoying no privileges but which are for consequence, is not willing to incur the public advantage, is necessary to give the outlay of drainage and other expenstability and security to the and freedom to the people. And our laws sive improvements, because he is not in regard to succession being well fitted secured by a lease ; while the landlord, to maintain such an aristocracy, and, at
on the other hand, will not enter into the same time, to inspire every other class these expenses, because he does not with the full spirit of industry and enter- feel the same interest in his limited prise, to change them would not be fool. estate which he would in the unconish merely, but criminal,-a lèse majesté ditional fee-simple. against the public interests."--P. 172.
Note first of all the logic of this It must not, however, be supposed not spend his money in draining with
argument. The tenant, it seems, will from this remark, that any portion of out a lease. As, however, a lease the work is appropriated to a set de- would suffice to induce him so to do, fence of government by means of an aristocracy: By an aristocracy we landlord's estate for life, or in tail,
we might naturally suppose that the mean the deposition of political power would be at least an equal inducein the hands of men of leisure and
ment. These reasoners, however, education, as opposed to the tendency aver, that the landlord is only to be of the Reform Bill, to transfer the go, tempted by the unrestricted fee. Acverning functions to the “practical men of the trading and moneyed inte cording to this progressive scale, it rests, and the analogous claims of might be fairly argued, that the tenant,
on becoming lessee for years, would Chartism, founded on Jack Cade's still require the landlord's life-interest; complaint, that the “ king's council and the latter, when seized of the fee, are no good workmen." In England, would decline the requisite expense, we are pretty sure to have an aristocracy—that is, the influences which and justify himself by Horace’s au
except on a guarantee of immortality, affect government and legislation will
thority, emanate principally from that class which is socially at the head of the
“Tanquam nation; and the question is, whether Sit proprium quidquam puncto quod mobilis we are to have a mere moneyed aristo Permutet dominos, et cedat in altera jura." cracy, or one qualified by those mixed and undefinable conditions which, But the general scope of an argumore than anything else, act to keep ment may be just, though clumsily down the growing and eager ascen- stated and failaciously supported. We dency of wealth per se. Among the are, however, at no loss for experisafeguards of such an aristocracy as ments on the largest scale whereby we have described, not the least to test the theory here noticed. We powerful is to be found in the laws have English agriculture, subjected discussed in the work before us. Mr. to a limited law of entail, contrasted M'Culloch, as we have said, assumes on the one hand with Scottish agrithe importance to the country of pre- culture, under a law of perpetual en. serving the present characteristics of tail, and on the other with that of British aristocracy; and he therefore France and its compulsory gavelkind.