ficial. In that case, the slightest
analogies are laid hold of, in order to prevent that indifference and
ambiguity, which would be the source of perpetual dissension. Thus
possession alone, and first possession, is supposed to convey property,
where no body else has any preceding claim and pretension. Many of the
reasonings of lawyers are of this analogical nature, and depend on very
slight connexions of the imagination.
Does any one scruple, in extraordinary cases, to violate all regard to
the private property of individuals, and sacrifice to public interest
a distinction which had been established for the sake of that interest?
The safety of the people is the supreme law: All other particular laws
are subordinate to it, and dependent on it: And if, in the COMMON course
of things, they be followed and regarded; it is only because the
public safety and interest COMMONLY demand so equal and impartial an
administration.
Sometimes both UTILITY and ANALOGY fail, and leave the laws of justice
in total uncertainty. Thus, it is highly requisite, that prescription
or long possession should convey property; but what number of days or
months or years should be sufficient for that purpose, it is impossible
for reason alone to determine. CIVIL LAWS here supply the place of the
natural CODE, and assign different terms for prescription, according to
the different UTILITIES, proposed by the legislator. Bills of exchange
and promissory notes, by the laws of most countries, prescribe sooner
than bonds, and mortgages, and contracts of a more formal nature.
In general we may observe that all questions of property are subordinate
to the authority of civil laws, which extend, restrain, modify,
and alter the rules of natural justice, according to the particular
CONVENIENCE of each community. The laws have, or ought to have, a
constant reference to the constitution of government, the manners, the
climate, the religion, the commerce, the situation of each society. A
late author of genius, as well as learning, has prosecuted this subject
at large, and has established, from these principles, a system of
political knowledge, which abounds in ingenious and brilliant thoughts,
and is not wanting in solidity.
[Footnote: The author of L'ESPRIT DES LOIX, This illustrious
writer, however, sets out with a different theory, and
supposes all right to be founded on certain RAPPORTS or
relations; which is a system, that, in my
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