civilized land."
"You will own, neighbour Hall, notwithstanding, it would be a great
improvement in the condition of the tenants all over the State, could
they change their tenures into freeholds."
"No doubt 't would; and so it would be a great improvement in the
condition of any journeyman in my shop if he could get to be the boss.
But that is not the question here, the question is, what right has the
State to say any man shall sell his property unless he wishes to sell
it? A pretty sort of liberty we should have if we all held our houses
and gardens under such laws as that supposes!"
"But do we not all hold our houses and gardens, and farms, too, by some
such law?" rejoined the attorney, who evidently respected his
antagonist, and advanced his own opinions cautiously. "If the public
wants land to use, it can take it by paying for it."
"Yes, to _use_; but use is everything. I've read that old report of the
committee of the House, and don't subscribe to its doctrines at all.
Public 'policy,' in that sense, doesn't at all mean public 'use.' If
land is wanted for a road, or a fort, or a canal, it must be taken,
under a law, by appraisement, or the thing could not be had at all; but
to pretend, because one side to a contract wishes to alter it, that the
State has a right to interfere, on the ground that the discontented can
be bought off in this way easier and cheaper than they can be made to
obey the laws, is but a poor way of supporting the right. The same
principle, carried out, might prove it would be easier to buy off
pickpockets by compromising than to punish them. Or it would be easy to
get round all sorts of contracts in this way."
"But all governments use this power when it becomes necessary, neighbour
Hall."
"That word _necessary_ covers a great deal of ground, 'Squire Hubbard.
The most that can be made of the necessity here is to say it is cheaper,
and may help along parties to their objects better. No man doubts that
the State of New York can put down these anti-renters; and, I trust,
_will_ put them down, so far as force is concerned. There is, then, no
other necessity in the case, to begin with, than the necessity which
demagogues always feel, of getting as many votes as they can."
"After all, neighbour Hall, these votes are pretty powerful weapons in a
popular government."
"I'll not deny that; and now they talk of a convention to alter the
constitution, it is a favourable moment to teach su
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