第43章

On this primarily acquired supreme proprietorship in the land rests the right of the sovereign, as universal proprietor of the country, to assess the private proprietors of the soil, and to demand taxes, excise, and dues, or the performance of service to the state such as may be required in war.But this is to be done so that it is actually the people that assess themselves, this being the only mode of proceeding according to laws of right.This may be effected through the medium of the body of deputies who represent the people.It is also permissible, in circumstances in which the state is in imminent danger, to proceed by a forced loan, as a right vested in the sovereign, although this may be a divergence from the existing law.

Upon this principle is also founded the right of administering the national economy, including the finance and the police.The police has specially to care for the public safety, convenience, and decency.

As regards the last of these- the feeling or negative taste for public propriety- it is important that it be not deadened by such influences as begging, disorderly noises, offensive smells, public prostitution (Venus vulgivaga), or other offences against the moral sense, as it greatly facilitates the government in the task of regulating the life of the people by law.

For the preservation of the state there further belongs to it a right of inspection (jus inspectionis), which entitles the public authority to see that no secret society, political or religious, exists among the people that can exert a prejudicial influence upon the public weal.Accordingly, when it is required by the police, no such secret society may refuse to lay open its constitution.But the visitation and search of private houses by the police can only be justified in a case of necessity; and in every particular instance, it must be authorized by a higher authority.

C.Relief of the Poor.Foundling Hospitals.The Church.

The sovereign, as undertaker of the duty of the people, has the right to tax them for purposes essentially connected with their own preservation.Such are, in particular, the relief of the poor, foundling asylums, and ecclesiastical establishments, otherwise designated charitable or pious foundations.

1.The people have in fact united themselves by their common will into a society, which has to be perpetually maintained; and for this purpose they have subjected themselves to the internal power of the state, in order to preserve the members of this society even when they are not able to support themselves.By the fundamental principle of the state, the government is justified and entitled to compel those who are able, to furnish the means necessary to preserve those who are not themselves capable of providing for the most necessary wants of nature.For the existence of persons with property in the state implies their submission under it for protection and the provision by the state of what is necessary for their existence; and accordingly the state founds a right upon an obligation on their part to contribute of their means for the preservation of their fellow citizens.This may be carried out by taxing the property or the commercial industry of the citizens, or by establishing funds and drawing interest from them, not for the wants of the state as such, which is rich, but for those of the people.And this is not to be done merely by voluntary contributions, but by compulsory exactions as state-burdens, for we are here considering only the right of the state in relation to the people.Among the voluntary modes of raising such contributions, lotteries ought not to be allowed, because they increase the number of those who are poor, and involve danger to the public property.It may be asked whether the relief of the poor ought to be administered out of current contributions, so that every age should maintain its own poor; or whether this were better done by means of permanent funds and charitable institutions, such as widows' homes, hospitals, etc.? And if the former method is the better, it may also be considered whether the means necessary are to be raised by a legal assessment rather than by begging, which is generally nigh akin to robbing.The former method must in reality be regarded as the only one that is conformable to the right of the state, which cannot withdraw its connection from any one who has to live.For a legal current provision does not make the profession of poverty a means of gain for the indolent, as is to be feared is the case with pious foundations when they grow with the number of the poor; nor can it be charged with being an unjust or unrighteous burden imposed by the government on the people.

2.The state has also a right to impose upon the people the duty of preserving children exposed from want or shame, and who would otherwise perish; for it cannot knowingly allow this increase of its power to be destroyed, however unwelcome in some respects it may be.

But it is a difficult question to determine how this may most justly be carried out.It might be considered whether it would not be right to exact contributions for this purpose from the unmarried persons of both sexes who are possessed of means, as being in part responsible for the evil; and further, whether the end in view would be best carried out by foundling hospitals, or in what other way consistent with right.But this is a problem of which no solution has yet been offered that does not in some measure offend against right or morality.