Wednesday, March 11, 2009

Tocqueville on Division of Property:

The laws of the United States are extremely favorable to the division of property; but a cause more powerful than the laws prevents property from being divided to excess.2 This is very perceptible in the states which are at last beginning to be thickly peopled. Massachusetts is the most populous part of the Union, but it contains only eighty inhabitants to the square mile, which is much less than in France, where one hundred and sixty-two are reckoned to the same extent of country. But in Massachusetts estates are very rarely divided; the eldest son generally takes the land, and the others go to seek their fortune in the wilderness. The law has abolished the right of primogeniture, but circumstances have concurred to re-establish it under a form of which none can complain and by which no just rights are impaired. 2 In New England estates are very small, but they are rarely divided further. These reflections do not escape the observation of the Americans any more than of ourselves. "It cannot be doubted," says Chancellor Kent, in his Treatise on American Law ( Vol. IV, p. 580 ), "that the division of landed estates must produce great evils, when it is carried to such excess as that each parcel of land is insufficient to support a family; but these disadvantages have never been felt in the United States, and many generations must elapse before they can be felt. The extent of our inhabited territory, the abundance of adjacent land, and the continual stream of emigration flowing from the shores of the Atlantic towards the interior of the country, suffice as yet, and will long suffice, to prevent the parcelling out of estates. No sooner was the law of primogeniture abolished than for- tunes began to diminish and all the families of the country were simultaneously reduced to a state in which labor became necessary to existence; several of them have since entirely disappeared, and all of them learned to look forward to the time when it would be necessary for everyone to provide for his own wants. Wealthy individuals are still to be met with, but they no longer constitute a compact and hereditary body, nor have they been able to adopt a line of conduct in which they could persevere and which they could infuse into all ranks of society. The prejudice that stigmatized labor was, in the first place, abandoned by common consent, the number of needy men was increased, and the needy were allowed to gain a subsistence by labor without blushing for their toil. Thus one of the most immediate consequences of the equal division of estates has been to create a class of free laborers. As soon as competition began between the free laborer and the slave, the inferiority of the latter became manifest and slavery was attacked in its fundamental principle, which is the interest of the master. I believe that in democratic as well as in aristocratic countries there will be landowners and tenants, but the connection existing between them will be of a different kind. In aristocracies the hire of a farm is paid to the landlord, not only in rent, but in respect regard, and duty; in democracies the whole is paid in cash. When estates are divided and passed from hand to hand, and the permanent connection that existed between families and the soil is dissolved, the landowner and the tenant are only casually brought into contact. They meet for a moment to settle the conditions of the agreement and then lose sight of each other; they are two strangers brought together by a common interest, who keenly talk over a matter of business, the sole object of which is to make money. As ranks are intermingled, and as very large as well as very scanty fortunes become more rare, every day brings the social condition of the landowner nearer to that of the farmer: the one has not naturally any uncontested superiority over the other; between two men who are equal and not at ease in their circumstances, the contract of hire is exclusively an affair of money. A man whose estate extends over a whole district and who owns a hundred farms is well aware of the importance of gaining at the same time the affections of some thousands of men. This object appears to call for his exertions, and to attain it he will readily make considerable sacrifices. But he who owns a hundred acres is insensible to similar considerations, and cares but little to win the private regard of his tenant.

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