A Quote by James Madison
The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.
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It is sufficiently obvious, that persons and property are the two great subjects on which Governments are to act; and that the rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted. These rights cannot well be separated.
In civilized communities, property as well as personal rights is an essential object of the laws, which encourage industry by securing the enjoyment of its fruits; that industry from which property results, and that enjoyment which consists not merely in its immediate use, but in its posthumous destination to objects of choice, and of kindred affection. In a just and free government, therefore, the rights both of property and of persons ought to be effectually guarded.
As property, honestly obtained, is best secured by an equality of rights, so ill-gotten property depends for protection on a monopoly of rights. He who has robbed another of his property, will next endeavor to disarm him of his rights, to secure that property; for when the robber becomes the legislator he believes himself secure.
If we would have civilization and the exertion indispensable to its success, we must have property; if we have property, we must have its rights; if we have the rights of property, we must take those consequences of the rights of property which are inseparable from the rights themselves.
Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government which impartially secures to every man whatever is his own.
In short, it is the greatest absurdity to suppose it in the power of one, or any number of men, at the entering into society, to renounce their essential natural rights, or the means of preserving those rights; when the grand end of civil government, from the very nature of its institution, is for the support, protection, and defence of those very rights; the principal of which, as is before observed, are Life, Liberty, and Property.
We are bound to maintain public liberty, and, by the example of our own systems, to convince the world that order and law, religion and morality, the rights of conscience, the rights of persons, and the rights of property, may all be preserved and secured, in the most perfect manner, by a government entirely and purely elective. If we fail in this, our disaster will be significant, and will furnish an argument, stronger than has yet been found, in support of those opinions which maintain that government can rest safely on nothing but power and coercion.
I typically don't use the distinction 'positive' and 'negative' liberty, because negative sounds bad and positive sounds good, and I don't think that the terminology ought to prejudice us one way or the other. So I think the more descriptive term is 'liberty rights' versus 'welfare rights'. So, liberty rights are freedom-of-action type rights, and welfare rights are rights-to-stuff, of various kinds...And, property rights are not rights-to-stuff. I think that's one of the key misunderstandings about property. Property rights are the rights to liberty within your jurisdiction.
The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.
It's long been common practice among many to draw a distinction between "human rights" and "property rights," suggesting that the two are separate and unequal - with "property rights" second to "human rights."
We need not concern ourselves much about rights of property if we faithfully observe the rights of persons.
My position as regards the monied interests can be put in a few words. In every civilized society property rights must be carefully safeguarded; ordinarily and in the great majority of cases, human rights and property rights are fundamentally and in the long run, identical; but when it clearly appears that there is a real conflict between them, human rights must have the upper hand; for property belongs to man and not man to property.
But look what happens when the government gives you rights. When the government gives you rights, unlike when God gives you rights, the government can take them away. When government gives you rights, the government can tell you how to exercise those rights.
The only proper, moral purpose of a government is to protect man's rights, which means: to protect him from physical violence - to protect his right to his own life, to his own liberty, to his own property and to the pursuit of his own happiness. Without property rights, no other rights are possible.
The state should never have instituted and enforced legal property rights in persons, and should not have been in the business of returning runaway slaves to their "rightful owners." The whole institution of property in human beings was an unjust social institution and should not have been maintained in existence. It is this sort of thought that I'm appealing to at the supranational level.
The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to an uniformity of interests. The protection of these faculties is the first object of government.
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