46 PEOPEETY IN LAND.
law, and no social question which cannot be determined more quickly and certainly by appeal to moral perceptions than by appeal to intellectual perceptions. Nor can there be any dispute between us as to the issue to be joined. He charges me with advocating violation of the moral law in proposing robbery. I agree that robbery is a violation of the moral law, and is therefore, without further inquiry, to be condemned.
As to what constitutes robbery, it is, we will both agree, the taking or withholding from another of that which rightfully belongs to him. That which rightfully belongs to him ; be it observed, not that which legally belongs to him. As to what extent human law may create rights is beside this discussion, for what I propose is to change, not to violate human law. Such change the Duke declares would be unrighteous. He thus appeals to that moral law which is before and above all human laws, and by which all human laws are to be judged. Let me insist upon this point. Landholders must elect to try their case either by human law or by moral law. If they say that land is rightfully property because made so by human law, they cannot charge those who would change that law with advocating robbery. But if they charge that such change in human law would be robbery, then they must show that land is rightfully property irrespective of human law.
For land is not of that species of things to which the presumption of rightful property attaches. This does attach to things that are properly termed wealth, and that are the produce of labor. Such things, in their beginning, must have an owner, as they originate in human exertion, and the right of property which attaches to them springs from the manifest natural right of every individual to himself and to the benefit of his own exertions. This is the moral basis of property, which makes certain things rightfully property totally irrespective of human law.
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