“On Property” By James Madison

My god it is late at night – much later than I am accustomed to for doing work but when feeling compelled, as I am at this moment, I have to at least begin this article and finish it in the morning. If I wait until morning, I fear little sleep and good rest.

Today, I was reading two opinion pieces in the Bismark Tribune out of North Dakota. One piece was written by Roger Kaseman, perhaps the self-appointed leader of the North Dakota Hunters for Fair Chase. Kaseman uses “deceptive” practices in order to convince readers that a group, also in North Dakota, called the, “Citizens to Preserve North Dakota Property Rights”, is using “deceptive” practices in doing battle against the Fair Chasers who want to outlaw hunting on game ranches. (Make sure you read all the comments that follow)

The second opinion piece was written by Willard Swanke, claiming to be the owner/operator of an elk ranch in North Dakota. Swanke believes that ranchers own their livestock and the property he keeps them on and has the right to harvest is animals as he sees fit.

Neither editorial brings anything new to a long running debate about ethics and property rights. Convincing one side or the other the come to their senses is much like asking the Pope to convert to Judaism.

Although the battle seems to be between elk ranchers and landowners seeking to protect their property rights and those in Kaseman’s camp eager to rule the universe and force their ideologue down the throats of others, the reality is that each side is trying to win public opinion. After all, Kaseman’s Krusaders are attempting to get enough signatures to force a citizen’s initiative vote in November. Fore Kaseman to realize success, he and his gang must convince the voters of the evils behind ranch hunting. For Swanke to shut down their efforts, he and other ranchers must convince the public they have rights.

Part of Kaseman’s argument against the Property Rights group is that he claims they have no right to offer hunts to paying customers. He claims there are no “laws” or “rights” that guarantee the ranchers, therefore the practice should be issued good riddance as he fears keeping it alive will destroy his hunting heritage.

What often gets lost in all of these debates is history. I’m not talking history of last year or a couple years ago. I’m talking about history back to the beginning of time. God created man with the intent that man be free. If not, He would not have given us choice. One of the consequences of having choice is we end up with people who bully, whine, cheat, steal, are greedy, jealous and anything else bad we can think of.

Before I proceed from here, I’ll have to say that if one exercises their freedom to not believe they are a creation of God, I certainly cannot expect them to agree with or understand much of this discussion.

Lost in our history from generation to generation is the fact that this country was founded upon the belief that God is the Creator. He is referred to often in many things written in our founding documents. Human beings are creatures of God, free to choose, free to have possessions, to own land, to grow and prosper.

People today too often believe that if a right isn’t specifically spelled out in the Constitution or enacted by our Congress, it is not protected and/or has no value. I should point out that everyday of my life and that of millions of others, we enjoy hundreds of freedoms not spelled out in some law book. It is becoming necessary I guess to spell out every right and its limitations as respect for those freedoms is waning.

After spending time reading the above mentioned opinion pieces and the many comments that went along with them, I was about to close up shop for the day and go to bed. Here it is, a few hours later still, and I’m pounding away on my keyboard to at least get the initial draft done.

I just couldn’t give up before doing a quick glance through some of my favorite websites. The last site I visited, was that of Hugh Hewitt, one of my favorite conservative writers. I found a guest article posted by Donald Kochan called, “James Madison’s “On Property”". It was like manna from heaven as it would pertain to the debate in North Dakota over ranch hunting, property rights and the effort to ban them.

Kochan directs his readers to an essay written and posted at a University of Chicago web page. The essay was written by James Madison about property rights. As Kochan points out, the essay is short but powerful.

Here’s a couple of excerpts from Madison’s essay.

Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions.

Where there is an excess of liberty, the effect is the same, tho’ from an opposite cause.

If you read the entire piece, you will see that Madison talks about opinions, thoughts and religion as a form of one’s property, to be valued and respected. While it seems he places an almost ultimate value on possessing property, he does not indicate that differing opinions should be stifled. What he does say is that when we bring in government to make rules to regulate and take away a man’s possessions and property, this becomes an “unjust” government.

Here’s a bit more.

If there be a government then which prides itself in maintaining the inviolability of property; which provides that none shall be taken directly even for public use without indemnification to the owner, and yet directly violates the property which individuals have in their opinions, their religion, their persons, and their faculties; nay more, which indirectly violates their property, in their actual possessions, in the labor that acquires their daily subsistence, and in the hallowed remnant of time which ought to relieve their fatigues and soothe their cares, the influence [inference?] will have been anticipated, that such a government is not a pattern for the United States.

If the United States mean to obtain or deserve the full praise due to wise and just governments, they will equally respect the rights of property, and the property in rights: they will rival the government that most sacredly guards the former; and by repelling its example in violating the latter, will make themselves a pattern to that and all other governments.

Wow! Incredibly powerful material. Why have we not continued to teach our children the history, the meaning of a truly free society, one that respects the rights and possessions of others? Why is there no value in that any more? Why are we bent on destroying that which has made us great?

If we are to define, restrict and force government into our lives to a point where we are told how to live, where to live and in what manner we must conduct ourselves at all times, surely we have lost our freedom and with that will follow the loss of desire to be creative and prosper.

Tom Remington