IN SCOTLAND.

387

chant and manufacturer lay out their capital without hesita-tion, because they know’ it is liable to no other risk thanwhat results from the ordinary hazard of trade: And it isthis that causes trade to flourish. If the cultivator of the soilhad no other danger to apprehend, than that which resultsfrom bad seasons, he would lay out his money with equal con-fidence. But if he labour under disadvantages peculiar tothat profession, he is not placed on an equal footing withother traders.

“ One of the first and greatest obstacles to improvement,in this country, is, that the farmer has no power to disposeof his lease. It is understood, that, by the common law ofScotland , he has no liberty to rclet his farm, unless it is ex-pressly secured to him in his tack. On abstract principles,nothing appears more absurd or unjust. The shopkeepermay let his shop, deliver over his goods to his successor, andtake a sum of money for giving up to him an established busi-ness. On what principle ought the farmer to be prohibitedfrom transferring his established business to another, for avaluable consideration ? Why should not he be permitted torelet his farm, sell his stock, and put another in possession tothat trade, from which he chooses, or finds it absolutely re-quisite, for him to retire ?”

But to all this it may be objected, that, by allowing a tenantto relet his farm, or sell his lease, you give him a choice andselection which ought to belong to the proprietor. You les-sen, too, the security the landlord has for his rent; and, ifthe tenant is to reap all the advantage of such a right, in-justice is done to the landlord. To this it is replied, 1.That every landiord ought to have the choice or selection ofhis tenant, even in case of a sale or sublet. 2. That thelandlord’s security ought never to be diminished, by allowingthe tenant such a privilege. And, 3. That the tenant is notentitled to reap all the rise of rent of his farm, in case of arelet. For, though this additional rent may be chiefly owingto the labour, exertions, and capital of the tenant, it is not

2 b 2