A Treatise of Human Nature

shew the standard, by which we may decide all disputes that may arise, and, as we find by experience, frequently do arise upon this subject.[3] [3] If we seek a solution of these difficulties in reason and public interest, we never shall find satisfaction; and if we look for it in the imagination, it is evident, that the qualities, which operate upon that faculty, run so insensibly and gradually into each other, that it is impossible to give them any precise bounds or termination. The difficulties on this head must encrease, when we consider, that our judgment alters very sensibly, according to the subject, and that the same power and proximity will be deemed possession in one case, which is not esteemed such in another. A person, who has hunted a hare to the last degree of weariness, would look upon it as an injustice for another to rush in before him, and seize his prey. But the same person advancing to pluck an apple, that hangs within his reach, has no reason to complain, if another, more alert, passes him, and takes possession. What is the reason of this difference, but that immobility, not being natural to the hare, but the effect of industry, forms in that case a strong relation with the hunter, which is wanting in the other? Here then it appears, that a certain and infallible power of enjoyment, without touch or some other sensible relation, often produces not property: And I farther observe, that a sensible relation, without any present power, is sometimes sufficient to give a title to any object. The sight of a thing is seldom a considerable relation, and is only regarded as such, when the object is hidden, or very obscure; in which case we find, that the view alone conveys a property; according to that maxim, THAT EVEN A WHOLE CONTINENT BELONGS TO THE NATION, WHICH FIRST DISCOVERED IT. It is however remarkable that both in the case of discovery and that of possession, the first discoverer and possessor must join to the relation an intention of rendering himself proprietor, otherwise the relation will not have its effect; and that because the connexion in our fancy betwixt the property and the relation is not so great, but that it requires to be helped by such an intention. From all these circumstances, it is easy to see how perplexed many questions may become concerning the acquisition of property by occupation; and the least effort of thought may present us with instances, which are not susceptible of any reasonable decision. If we prefer examples, which are real, to such as are feigned, we may consider the following one, which is to be met with in almost every writer, that has treated of the laws of nature. Two Grecian colonies, leaving their native country, in search of new feats, were informed that a city near them was deserted by its inhabitants. To know the truth of this report, they dispatched at once two messengers, one from each colony; who finding on their approach, that their information was true, begun a race together with an intention to take possession of the city, each of them for his countrymen. One of these messengers, finding that he was not an equal match for the other, launched his spear at the gates of the city, and was so fortunate as to fix it there before the arrival of his companion. This produced a dispute betwixt the two colonies, which of them was the proprietor of the empty city and this dispute still subsists among philosophers. For my part I find the dispute impossible to be decided, and that because the whole question hangs upon the fancy, which in this case is not possessed of any precise or determinate standard, upon which it can give sentence. To make this evident, let us consider, that if these two persons had been simply members of the colonies, and not messengers or deputies, their actions would not have been of any consequence; since in that case their relation to the colonies would have been but feeble and imperfect. Add to this, that nothing determined them to run to the gates rather than the walls, or any other part of the city, but that the gates, being the most obvious and remarkable part, satisfy the fancy best in taking them for the whole; as we find by the poets, who frequently draw their images and metaphors from them. Besides we may consider, that the touch or contact of the one messenger is not properly possession, no more than the piercing the gates with a spear; but only forms a relation; and there is a relation, in the other case, equally obvious, tho' not, perhaps, of equal force. Which of these relations, then, conveys a right and property, or whether any of them be sufficient for that effect, I leave to the decision of such as are wiser than myself. But such disputes may not only arise concerning the real existence of property and possession, but also concerning their extent; and these disputes are often susceptible of no decision, or can be decided by no other faculty than the imagination. A person who lands on the shore of a small island, that is desart and uncultivated, is deemed its possessor from the very first moment, and acquires the property of the whole; because the object is there bounded and circumscribed in the fancy, and at the same time is proportioned to the new possessor. The same person landing on a desart island, as large as Great Britain, extends his property no farther than his immediate possession; though a numerous colony are esteemed the proprietors of the whole from the instant of their debarkment. But it often happens, that the title of first possession becomes obscure through time; and that it is impossible to determine many controversies, which may arise concerning it. In that case long possession or prescription naturally takes place, and gives a person a sufficient property in any thing he enjoys. The nature of human society admits not of any great accuracy; nor can we always remount to the first origin of things, in order to determine their present condition. Any considerable space of time sets objects at such a distance, that they seem, in a manner, to lose their reality, and have as little influence on the mind, as if they never had been in being. A man's title, that is clear and certain at present, will seem obscure and doubtful fifty years hence, even though the facts, on which it is founded, should be proved with the greatest evidence and certainty. The same facts have not the same influence after so long an interval of time. And this may be received as a convincing argument for our preceding doctrine with regard to property and justice. Possession during a long tract of time conveys a title to any object. But as it is certain, that, however every thing be produced in time, there is nothing real that is produced by time; it follows, that property being produced by time, is not any thing real in the objects, but is the off-spring of the sentiments, on which alone time is found to have any influence.[4] [4] Present possession is plainly a relation betwixt a person and an object; but is not sufficient to counter-ballance the relation of first possession, unless the former be long and uninterrupted: In which case the relation is encreased on the side of the present possession, by the extent of time, and diminished on that of first possession, by the distance, This change in the relation produces a consequent change in the property. We acquire the property of objects by accession, when they are connected in an intimate manner with objects that are already our property, and at the same time are inferior to them. Thus the fruits of our garden, the offspring of our cattle, and the work of our slaves, are all of them esteemed our property, even before possession. Where objects are connected together in the imagination, they are apt to be put on the same footing, and are commonly supposed to be endowed with the same qualities. We readily pass from one to the other, and make no difference in our judgments concerning them; especially if the latter be inferior to the former.[5] [5] This source of property can never be explained but from the imaginations; and one may affirm, that the causes are here unmixed. We shall proceed to explain them more particularly, and illustrate them by examples from common life and experience. It has been observed above, that the mind has a natural propensity to join relations, especially resembling ones, and finds a hind of fitness and uniformity in such an union. From this propensity are derived these laws of nature, that upon the first formation of society, property always follows the present possession; and afterwards, that it arises from first or from long possession. Now we may easily observe, that relation is not confined merely to one degree; but that from an object, that is related to us, we acquire a relation to every other object, which is related to it, and so on, till the thought loses the chain by too long a progress, However the relation may weaken by each remove, it is not immediately destroyed; but frequently connects two objects by means of an intermediate one, which is related to both. And this principle is of such force as to give rise to the right of accession, and causes us to acquire the property not only of such objects as we are immediately possessed of; but also of such as are closely connected with them. Suppose a German, a Frenchman, and a Spaniard to come into a room, where there are placed upon the table three bottles of wine, Rhenish, Burgundy and Port; and suppose they shoued fall a quarrelling about the division of them; a person, who was chosen for umpire would naturally, to shew his impartiality, give every one the product of his own country: And this from a principle, which, in some measure, is the source of those laws of nature, that ascribe property to occupation, prescription and accession. In all these Cases, and particularly that of accession, there is first a natural union betwixt the idea of the person and that of the object, and afterwards a new and moral union produced by that right or property, which we ascribe to the person. But here there occurs a difficulty, which merits our attention, and may afford us an opportunity of putting to tryal that singular method of reasoning, which has been employed on the present subject. I have already observed that the imagination passes with greater facility from little to great, than from great to littie, and that the transition of ideas is always easier and smoother in the former case than in the latter. Now as the right of accession arises from the easy transition of ideas, by which related objects are connected together, it shoued naturally be imagined, that the right of accession must encrease in strength, in proportion as the transition of ideas is performed with greater facility. It may, therefore, be thought, that when we have acquired the property of any small object, we shall readily consider any great object related to it as an accession, and as belonging to the proprietor of the small one; since the transition is in that case very easy from the small object to the great one, and shoued connect them together in the closest manner. But In fact the case is always found to be otherwise, The empire of Great Britain seems to draw along with it the dominion of the Orkneys, the Hebrides, the isle of Man, and the Isle of Wight; but the authority over those lesser islands does not naturally imply any title to Great Britain. In short, a small object naturally