The Founders' Concept of "Property"--Embracing All Rights-Not erely Things aterial

The Founders considered the right to property to be subordinate! and a supporting right in relation! to The "ndi#idual's $od-gi#en! un-alienable rights% as discussed in Part "! under Principle &'( )Note the especially pertinent *uotation of +ohn Adams on page ,#iii(- As the main! material support of all of an's rights! the right to property .as rated by them as being of great importance--essential to the en/oyment and security of all rights( This .as true of all of The Founders and their fello. leaders as .ell as of their fello. countrymen in general--notably those .ho .ere in the forefront of the fight for "0iberty and "ndependence!" especially for Freedom from $o#ernment-o#er- an! but not possessed of great .ealth! such as 1amuel Adams( 2is .ritings! for e,ample! contain numerous! pertinent essays published in ne.spapers prior to &334( Furthermore! the thin5ing of The Founders and of their fello. Americans did not limit the meaning of the .ord "property" so as to apply merely to things material6 physical things( They considered that an's rights in general--separate and apart from material possessions--.ere also an e,tremely important! if not the most #aluable! part of his property% that an has not only a right to property but a property in his rights( This general line of thought--reflecting truly American thin5ing of that day! of The Founders second to none--.as ne#er e,pressed more soundly and clearly than in the essay on "Property" by adison published in The National $a7ette )one of a series of essays by him on #arious topics so published- on arch 89! &398( :rief but comprehensi#e in presenting this characteristically American #ie.point! the full te,t of the essay deser#es consideration here )emphasis adison's-( Note that the e,pression "e,cess of liberty" refers to license(

Property
"This term in its particular application means 'that dominion .hich one man claims and e,ercises o#er the e,ternal things of the .orld! in e,clusion of e#ery other indi#idual(' ""n its larger and /uster meaning! it embraces e#ery thing to .hich a man may attach a #alue and ha#e a right% and which leaves to every one else the like advantage. ""n the former sense! a man's land! or merchandi7e! or money is called his property( ""n the latter sense! a man has property in his opinions and the free communication of them( "2e has a property of peculiar #alue in his religious opinions! and in the profession and practice dictated by them(

"2e has property #ery dear to him in the safety and liberty of his person( "2e has an e*ual property in the free use of his faculties and free choice of the ob/ects on .hich to employ them( ""n a .ord! as a man is said to ha#e a right to his property! he may be e*ually said to ha#e a property in his rights( ";here an e,cess of po.er pre#ails! property of no sort is duly respected( No man is safe in his opinions! his person! his faculties or his possessions( ";here there is an e,cess of liberty! the effect is the same! tho' from an opposite cause( "$o#ernment is instituted to protect property of e#ery sort% as .ell that .hich lies in the #arious rights of indi#iduals! as that .hich the term particularly e,presses( This being the end of go#ernment! that alone is a just go#ernment! .hich impartially secures to e#ery man! .hate#er is his own. "According to this standard of merit! the praise of affording a /ust security to property! should be sparingly besto.ed on a go#ernment .hich! ho.e#er scrupulously guarding the possessions of indi#iduals! does not protect them in the en/oyment and communication of their opinions! in .hich they ha#e an e*ual! and in the estimation of some! a more #aluable property( " ore sparingly should this praise be allo.ed to a go#ernment! .here a man's religious rights are #iolated by penalties! or lettered by tests! or ta,ed by a hierarchy( Conscience is the most sacred of all property% other property depending in part on positi#e la.! the e,ercise of that! being a natural and inalienable right( To guard a man's house as his castle! to pay public and enforce pri#ate debts .ith the most e,act faith! can gi#e no title to in#ade a man's conscience .hich is more sacred than his castle! or to .ithold from it that debt of protection! for .hich the public faith is pledged! by the #ery nature and original conditions of the social pact( 'That is not a /ust go#ernment! nor is property secure under it! .here the property .hich a man has in his personal safety and personal liberty! is #iolated by arbitrary sei7ures of one class of citi7ens for the ser#ice of the rest( A magistrate issuing .arrants to a press gang! .ould be in his proper functions in Tur5ey or "ndostan! under appellations pro#erbial of the most compleat despotism( "That is not a /ust go#ernment! nor is property secure under it! .here arbitrary restrictions! e,emptions! and monopolies deny to part of its citi7ens that free use of their faculties! and free choice of their occupations! .hich not only constitute their property in the general

sense of the .ord% but are the means of ac*uiring property strictly so called( ;hat must be the spirit of legislation .here a manufacturer of linen cloth is forbidden to bury his o.n child in a linen shroud! in order to fa#our his neighbour .ho manufactures .oolen cloth% .here the manufacturer and .earer of .oolen cloth are again forbidden the economical use of buttons of that material! in fa#or of the manufacturer of buttons of other materials(< "A /ust security to property is not afforded by that go#ernment under .hich une*ual ta,es oppress one species of property and re.ard another species6 .here arbitrary ta,es in#ade the domestic sanctuaries of the rich! and e,cessi#e ta,es grind the faces of the poor% .here the 5eenness and competitions of .ant are deemed an insufficient spur to labor! and ta,es are again applied by an unfeeling policy! as another spur% in #iolation of that sacred property! .hich 2ea#en! in decreeing man to earn his bread by the s.eat of his bro.! 5indly reser#ed to him! in the small repose that could be spared from the supply of his necessities( ""f there be a go#ernment then .hich prides itself on maintaining the in#iolability of property% .hich pro#ides that none shall be ta5en directly e#en for public use .ithout indemnification to the o.ner! and yet directly #iolates the property .hich indi#iduals ha#e in their opinions! their religion! their persons! and their faculties% nay more! .hich indirectly #iolates their property! in their actual possessions! in the labor that ac*uires their daily subsistence! and in the hallo.ed remnant of time .hich ought to relie#e their fatigues and soothe their cares! the inference .ill ha#e been anticipated! that such a go#ernment is not a pattern for the =nited 1tates( ""f the =nited 1tates mean to obtain or deser#e the full praise due to .ise and /ust go#ernments! they .ill e*ually respect the rights of property! and the property in rights6 they .ill ri#al the go#ernment that most sacredly guards the former% and by repelling its e,ample in #iolating the latter! .ill ma5e themsel#es a pattern to that and all other go#ernments(" As the foregoing indicates--and as pro#ed by the discussion of the T.el#e :asic American Principles in Part "! especially Principle &'--the traditional American philosophy considers that the right to material property is only a small but important part of The "ndi#idual's o#er-all rights% and that the higher things of life--those intangible reflections of an's spiritual! moral and intellectual being--are infinitely superior in #alue if they could be considered separately( This philosophy is! ho.e#er! an indi#isible .hole( "t recogni7es! further! that the desire for material property is merely one of an's dri#ing urges! or chief moti#ations% also that it is! in truth! most #aluable and helpful to an .hen harnessed in the ser#ice of his ideals and higher aspirations! as discussed for instance in Part "" )page 8'9- in connection .ith "ndi#idual Enterprise in its ethical! moral and social aspects(

A part of the particular #alue today of the abo#e-*uoted essay by adison on "Property" is that it highlights the core-concept of the traditional American philosophy in such a .ay as to e,pose the fallacy in modern attempts to ma5e it appear that there is something inherently antithetical in the right to material property in relation to .hat are referred to as "human rights(" There can be no such thing as "human rights" .hich are different from the traditional American philosophy's $od-gi#en! unalienable rights and their supporting rights! including the right to material property--al.ays accompanied by correlati#e duties! as discussed earlier( The definition and discussion of the T.el#e :asic American Principles! in Part " of this study-guide! are belie#ed to demonstrate ade*uately the inescapably inter-related nature of this entire group of rights! including the right to material property! as understood and accepted by The Founders and their fello. Americans( "f! indeed! the so-called "human rights" .ere in any respect different from! and in conflict .ith! The "ndi#idual's $od-gi#en! unalienable rights and the supporting rights! then there .ould be no room in the American philosophy for such "human rights(" This is all the more true to the e,tent that so-called "human rights" are an integral part of any $o#ernment-o#er- an philosophy and system--the antithesis of the traditional American philosophy and system( No conclusion appears more clearly and impressi#ely! it is belie#ed! e#en from consideration merely of the limited material presented in this study-guide! than the idea that--from the #ie.point of this philosophy--the economic is subordinate to higher #alues not only in such comparati#e rating but also among an's moti#ating influences( Assuredly any ade*uate e,amination of pertinent historical materials pro#es this to be un*uestionably true of the thin5ing of the entire generation in America of the period &334&3>3 and! second to none! of The Founders as a group( They rated their economic interests and security as secondary to their ideals in see5ing "0iberty and "ndependence"--a truth .hich is highlighted! for e,ample! by the ?eclaration of "ndependence! especially its closing .ords6 "And for the support of this ?eclaration! .ith a firm reliance on the protection of di#ine Pro#idence! .e mutually pledge to each other our 0i#es! our Fortunes and our sacred 2onor(" The record pro#es they meant it! and e*ually the almost-na5ed! e#er-hungry and shoeless men at @alley Forge .ho stained the sno. .ith bleeding feet! yet fought on( Among the .ritings .hich ma5e this truth apparent is The Federalist, partly through its ma5ing clear the fundamental goals--chief of all the security of an's $od-gi#en! unalienable rights--.hich .ere intended to be ser#ed by the constitutional system as discussed in detail in this #olume's essays( This assumes that these essays are read .ith ade*uate understanding6 .ith scholarly competence and intellectual honesty--free from .arping bias stemming from a desire to undermine respect for this philosophy! The Founders and their handi.or5(

An E,ample
1ome ha#e ne#ertheless so grossly misread The Federalist, for e,ample! as to contend that adison's discussion in number &' of the relationship of property to political factions sho.s that he considered the economic to be the most influential--e#en determinati#e-factor among an's moti#ations( Nothing could be further from the truth as to adison's o.n thin5ing! or as to his representation of the nature of the American philosophy! in his .ritings in general )for instance! the abo#e-*uoted essay- as .ell as in his report--/ointly .ith 2amilton and +ay--in The Federalist of the thin5ing of the Framing Con#ention( This applies e*ually to 2amilton and all The Founders( "n one .idely-5no.n! still .idely-disseminated! .riting by a prominent educator in the present generation! for e,ample! it is asserted that 2amilton! li5e adison! clearly belie#ed in the economic interpretation of history( This &9A3 .riting praised! as being brilliant! the &9&A boo5! An Economic Interpretation of the Constitution of the nited !tates ! by the historian ?r( Charles A( :eard! .ho .as on the faculty of Columbia =ni#ersity in &9&A( "n :eard's boo5! as generally understood and .idely condemned by many leaders in #arious .al5s of life in the period follo.ing its publication! he made it appear! first6 that The Framers designed the Constitution primarily so as to benefit themsel#es and their "class" financially--especially as to their Confederation-go#ernment securities--at the e,pense of the people's liberties% and second6 that the economic moti#e is the dominant one! indeed the decisi#e factor! in the affairs of man5ind in 5eeping .ith the theory of the economic interpretation of history( These .ere in substance his t.o main propositions% .hich he helped greatly to populari7e for decades! most stri5ingly in the &9A''s( 2is attac5 on The Framers and the Constitution started a trend .hich has had gra#ely harmful effects! continuing today! .ithin education and go#ernment( The phrase "economic interpretation of history" refers to the thesis that the economic is the determining! the decisi#e! factor in shaping history--that it is controlling in influencing and moti#ating an and in shaping history's de#elopment( "n one aspect! this thesis asserts that social e#olution is due basically to economic causes( This is also referred to as "economic determinism"--in the more blunt and uncompromising language of ar,ist 1ocialismCommunism( 0ater in life! :eard tried to ma5e it appear that he did not intend to espouse "economic determinism" in that &9&A boo5 but he .as unsuccessful in this attempt% the boo5 .as unmista5ably clear in this regard( Note! for e,ample! the contemporaneous criticism of the boo5 in a boo5-re#ie. by ?r( Ed.in 1( Cor.in .hen )and for many years after.ard- a full professor of Politics at Princeton =ni#ersity--in 2istory Teachers aga7ine for February &9&B( Cor.in stated that had :eard "been less bent on demonstrating the truth of the

1ocialistic theory of economic determinism and class struggle as an interpretation of history! his o.n performance .ould be less open to criticism(" The complete unsoundness of the :eard boo5! /udged from the standpoint of sound scholarship! has been pro#ed conclusi#ely in the #olume6 Charles "eard and the Constitution, A Critical Analysis of #An Economic Interpretation of the Constitution# by ?r( Robert E( :ro.n of the faculty of ichigan 1tate =ni#ersity! published in &9C4 by the Princeton =ni#ersity Press( :ro.n's de#astating and unans.erable analysis e,poses .hat he calls "the many .ays" in .hich :eard #iolated "the concepts of historical method"-meaning #iolation of sound scholarship and of sound .riting re*uiring the use of sound methods in dealing .ith historical materials( At one point! :ro.n notes some of these ".ays" in connection especially .ith :eard's pretense of offering historical "e#idence" that The Framers designed the Constitution largely to benefit their holdings of go#ernment securities! primarily "as an economic document" for their o.n financial benefit6 "These ran the gamut from omission to outright misrepresentation of e#idence! and included the dra.ing of conclusions from e#idence that not only did not .arrant the conclusions but actually refuted them( To say that the Constitution .as designed in part to protect property is true% to say that it .as designed only to protect property is false% and to say that it .as designed only to protect personalty is preposterous(" )Emphasis per original( Personalty means personal property! such as go#ernment securities li5e bonds! as distinguished from real property6 land and buildings(any years later! :eard disclaimed any intent of attac5ing the integrity! the good character! of The Framers% but this ob#iously amounted to a dissembling tactic! because the burden and effect of his presentation--in substance ma5ing it appear that they framed the Constitution primarily so as to "feather their o.n nest"--.as precisely such an attac5 and .as generally accepted as such )accepted by some! .ho appro#ed! .ith praise but many leaders critici7ed it harshly .ith great hostility-( The net effect of his attac5 .as to charge them .ith being so lac5ing in moral and intellectual integrity! in framing the Constitution! as to sacrifice the people's liberties in fa#or of their o.n financial benefit% than .hich nothing could ha#e been further from the truth! as all pertinent historical records amply pro#e .hen /udged competently and .ithout such bias( 1upreme Court +ustice Dli#er ;endell 2olmes! for e,ample! stated in a &9&4 letter about this boo5 that :eard's disclaimer )of any intent to impute to The Framers self-see5ing moti#es- .as discredited by the boo5's presentation of "all the facts" about their holdings of go#ernment securities( "n other letters in later years! 2olmes asserted that he re/ected this disparaging thesis of :eard and still belie#ed that ;ashington and the other Founders "( ( ( had for their dominant moti#e a patriotic desire ( ( ("--that they had not "( ( ( tal5ed patriotism because they had in#ested ( ( ( %" and 2olmes charged :eard .ith dealing in "dri#elling cant" by implying in this connection that The Framers represented the rich indulging in

"e,ploitation" of the poor(< 2olmes also stated that :eard's approach to the sub/ect .as "ignoble" and dealt in "innuendo" and a#o.ed his o.n belief )as opposed to :eard's! as e#idenced by the &9&A boo5's thesis- "that high-minded-ness is not impossible to man"--for instance! that it characteri7ed The Framers(<< <)&98> to +( C( 2( ;u- <<)&98> to Polloc50ac5 of space precludes ade*uate discussion here of the moti#e .hich prompted :eard in ma5ing this attac5 in &9&A upon The Framers and! therefore! upon their handi.or56 the Constitution( The topic is! ho.e#er! a most important one because of the #ast! harmful influence of that :eard boo5 and thesis! especially .ithin the educational .orld )upon many teachers! te,tboo5 .riters! and a multitude of students-! setting a trend for decades( 1ome supplementary comments are made at the end of the "References" section of the Appendi, )pages ABC-AB3-! in part *uoting a boo5 of special interest about him published after his death--an appraisal of him and his record in a series of essays mainly by prominent educators .ho had 5no.n him .ell6 Charles A. "eard$$An Appraisal )&9CB-! edited by 2o.ard E( :eale( As these essays ma5e clear! his great influence! especially upon students in his classes during his teaching at Columbia =ni#ersity! .as due in considerable part to his lo#able and admirable character as a person--al.ays so gracious! gentle and .arm-hearted in his personal relationships--to .hich the present .riter can testify most sincerely% .hich ma5es all the more distressing the need of criticism such as is presented here( )?r( :eard died in &9B>("n connection .ith any false and defamatory claim! in effect! that The Framers sought to "feather their o.n nest" by framing the Constitution chiefly to benefit their Confederationgo#ernment securities! se#eral facts merit emphasis( Dne is that such securities o.ned by these patriotic leaders and other leaders as .ell! considered as a group! .ere in the main purchased to help the go#ernment .in the Re#olutionary ;ar )li5e buying ".ar bonds" in modern times-! or to support the struggling go#ernment of the Confederation after the .ar ended! during the years .hen the go#ernmental situation .as nothing less than desperate financially( Also! there .as e#en a #ery good prospect all the .hile that the "securities" .ould turn out to be #irtually .orthless! li5e the .artime paper currency after some years of e,treme inflation )the ill-fated "Continentals"-( "ndeed! through the entire period &334&3>>! there .as only a slim chance that the go#ernment .ould e#er repay the sums borro.ed by its selling these "securities" to patriotic Americans such as The Framers and the multitude of others .illing to ris5 their money to aid their country( Furthermore! .ealthy men li5e ;ashington helped to "ma5e a mar5et" for such securities )there .as no such thing then as an established "stoc5 mar5et" .here anyone could readily buy and sell such securities- .hen neighbors and friends .ere in need of selling their o.n securities of any such type--thereby performing an important and patriotic tas5 by thus helping to maintain confidence in the go#ernment and ma5e it possible for it to sell other securities from time to time! .hen necessary to support go#ernment acti#ities( ;ithout such aid by men li5e ;ashington! these necessitous sellers .ould not ha#e been able to get needed

funds by selling such securities--bought for patriotic reasons mainly--and .ould thus ha#e been penali7ed for indulging their patriotism% .hile the go#ernment .ould ha#e been #irtually paraly7ed financially because people generally .ould ha#e refused to buy its unsalable securities( 2ere ;ashington is cited merely as a shining e,ample because he .as one of the .ealthiest men in the country and his e,alted patriotism .as and is impregnable( The other Framers--also un/ustly maligned! in effect! in :eard's boo5--.ere undoubtedly also uncontaminated by any such compelling lust for money! at the e,pense of the people's liberties! as that boo5's pretended "e#idence" purported to pro#e had moti#ated them( This is a case .here any e,ception! if one could actually be proved to ha#e e,isted! .ould only ser#e to pro#e the general rule /ust stated( The :eard boo5's utter unsoundness is thus seen to ma5e e*ually unsound the contention that it .as brilliant in its thesis that The Framers .ere part of a "class" .ith a conscious solidarity of interests )economic interests .hich they preferred o#er all else-( This unsound contention is found in that &9A3 .riting! by a prominent educator! .hich falsely alleges that adison and 2amilton belie#ed in economic interpretation )page 8AC! ante%. A third false pretense in this &9A3 .riting is that The Framers perpetrated a coup d&dtat, .hich .e ha#e seen to be a gross falsification of history( This .riting thus pro#ides an e,cellent e,ample of modern ones .hich! in effect! foster public opinion conduci#e to dishonor of The Founders! on the basis of false information in defiance of historical truth--in some cases accompanied by lip-ser#ice to them! or e#en genuine praise! in other respects( This .riting! .hich is also seriously defecti#e in other ma/or respects from the standpoint of sound scholarship and American history! ne#ertheless continues to recei#e .ide distribution--being a &9A3 ""ntroduction!" to an edition of The Federalist, by the late Ed.ard ( Earle! then and after.ard associated .ith the "nstitute for Ad#anced 1tudy! Princeton! Ne. +ersey( )2e died in &9CC(- The e#il influence of the :eard boo5 is continuing(