The persons who thus appropriated the soil of Europe, did so by a right of conquest. They did not lay down the sword the instant they had overrun the land, they kept it drawn in their hand, and engraved with it laws for the conquered. The countries they overran had been previously cultivated by slaves in a rude manner. In appropriating the soil, they appropriated its inhabitants, reduced some to slavery, and continued the slavery of others. Power so acquired, and privileges so established, were the basis of the present political and legal, not social, edifice of Europe. These conquerors were the first legislators. By an almost uninterrupted succession, the power of legislation has continued in the hands of their descendants to the present day.
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Stop to consider how the so-called owners of the land got hold of it. They simply seized it by force, afterwards hiring lawyers to provide them with title-deeds. In the case of the enclosure of the common lands, which was going on from about 1600 to 1850, the land-grabbers did not even have the excuse of being foreign conquerors; they were quite frankly taking the heritage of their own countrymen, upon no sort of pretext except that they had the power to do so.<sup></sup>
The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much. What redeems it is the idea only. An idea at the back of it, not a sentimental pretence but an idea: and an unselfish belief in the idea — something you can set up, and bow down before, and offer a sacrifice to...
The American settlers came to take and shape the land. The first occupants of the land — the "Indians" whom the European migrants encountered — would not be treated, in the pattern of the Romans, as people to be incorporated into an empire. Instead, they were treated as part of the landscape. Most of them were simply cleared away, like the forest, or pushed back, like the wilderness.
So, what about the stealing of land? What about all the colonized places on Earth? What of indigenous peoples forcibly removed by invaders? The crime here is a deeper and more lasting one than theft, akin in some ways to enslavement. Before land can be stolen, it must become property. The relationships built over time between the land and the human members of its ecosystem must be severed just as ties of family and village and co-humanity were severed so that slavers could enslave. The indigenous peoples of the Americas did not own land in the European sense. They lived with and from the land and counted it as a relative.
We permit absolute possession of the soil of our country, with no legal rights of existence on the soil to the vast majority who do not possess it. A great landholder may legally convert his whole property into a forest or a hunting-ground, and expel every human being who has hitherto lived upon it. In a thickly-populated country like England, where every acre has its owner and its occupier, this is a power of legally destroying his fellow-creatures; and that such a power should exist, and be exercised by individuals, in however small a degree, indicates that, as regards true social science, we are still in a state of barbarism.
Unfortunately the hostility that the European displayed toward the native cultures he encountered he carried even further into his relations with the land. The immense open spaces of the American continents, with all their unexploited or thinly utilized resources, were treated as a challenge to unrelenting war, destruction, and conquest. The forests were there to be cut down, the prairie to be plowed up, the marshes to be filled, the wildlife to be killed for empty sport, even if not utilized for food or clothing.
In the act of 'conquering nature' our ancestors too often treated the earth as contemptuously and as brutally as they treated its original inhabitants, wiping out great animal species like the bison and the passenger pigeon, mining the soils instead of annually replenishing them, and even, in the present day, invading the last wilderness areas, precious just because they are still wildernesses, homes for wildlife and solitary human souls. Instead we are surrendering them to six-lane highways, gas stations, amusement parks, and the lumber interests, as in the redwood groves, or Yosemite, and Lake Tahoe-though these primeval areas, once desecrated, can never be fully restored or replaced.
The reality is that the founding fathers were land speculators. The fact is that you couldn't vote in this country if you did not own land, and that basically you had to be a white man who owned land. Now how did they get that land? They basically had to steal it from someone, and that would probably be the Indians.
We have just been seeing political power concerned to break a "clandom" which preceded it in time. Let us now see how it behaves in regard to a clandom which is its contemporary. It may be said in effect, paraphrasing Shakespeare: "Monarchy and feudal aristocracy are two lions born on the same day." There was something of an act of piracy about the foundation of the European states. The Franks who conquered Gaul, the Normans who conquered England and Sicily, and even the Crusaders who went to Palestine, all behaved like bands of adventurers, dividing the spoil. What was there to divide? First of all, the ready cash. Afterwards, there were the lands; no deserts, these, but furnished with men whose labor was to maintain the victor. To every man, then, his share in the prize. And there we have the man-at-arms turned baron. This is shown to the evolution of the world of the word baron, which in Germany meant "freeman" and in Gaul denoted the name of the class. There remains for seizure the apparatus of state, which there was one: naturally it is the share of the chief. But when a barbarian like Clovis found himself confronted with the administrative machine of the Late Empire, he did not understand it. All he saw in it was a system of suction pumps, bringing him a steady flow of riches on which he made merry with no thought for the public services for which these resources were intended. In the result, then, he divided up along among his foremost companions the treasure of the state, whether in the form of lands or fiscal revenues. In this way, civilized government was gradually brought to ruin, and Gaul of the ninth and 10th centuries, was reduced to the same condition as that in which William of Normandy was to find England of the 11th. ...By a slant common to the barbarian mind, or rather by an inclination which is natural to all men, but in barbarians encounters no opposing principle, these influential men soon confound their function with their property and exercise the former as though it were the latter. Each little local tyrant then becomes legislature, judge and administrator of a more or less extensive principality; and on the tribute paid by it he lives, along with his servants and his men-at-arms. Power thus expelled soon returns, however, under the spur of its requirements. The resources at his disposal are absurdly out of proportion to the area, which depends on it and to the population, which calls it the sovereign.
The history of European colonialism covers many centuries and takes diverse forms, but whereas the European explorers and conquerors of the Americas, Africa, and Oceania usually took it for granted that the local inhabitants could be enslaved or butchered or driven into the hinterland at the whim of the invaders, the literate nations of Asia were initially treated as peoples toward whom the courtesies of European diplomacy should be applied. At the end of the day these Asian civilizations were likewise mostly subdued by force of arms, but such conquest needed some kind of moral justification, a mythical charter. The Rig Veda as interpreted by Max Müller and his contemporaries provided just such a myth.
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The appropriation of the grassland by the lords was challenged, but the more fundamental transformation of grassland (or of roads) from commons to resource has happened, until recently, without being subjected to criticism. The appropriation of the environment by the few was clearly recognized as an intolerable abuse. By contrast, the even more degrading transformation of people into members of an industrial labour force and into consumers was taken, until recently, for granted. For almost a hundred years the majority of political parties has challenged the accumulation of environmental resources in private hands. However, the issue was argued in terms of the private utilization of these resources, not the distinction of commons. Thus anticapitalist politics so far have bolstered the legitimacy of transforming commons into resources.
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