268 Chap. XVI. Appendix , No. 1.

and where capital, once launched out, runs such risk of eventualforfeiture.

All schemes of catching at the profits of improvement, in re-leasing, by circumscribing the lease to such short duration, asdeprives the tenant of interest in making them, and all schemesof snatching at the capital fixed in the soil, in taking chances ofintermediate forfeiture, by retaining the jus delectus , are childishin the extreme, and must ultimately prove J'elo de se; like thekilling of the hen to get at once at her eggs; or the cuttingdown of the tree to come at once at its fruit.

The landholder and his tenant may be considered as joined in acopartnery, the landlord being the dormant, and the tenant theacting partner ; and it is not to be supposed the copartnery canflourish, but in proportion as both are alike admitted to advan-tages.

The substitution of enforcement by penalties, to a sense ofinterest, is similar to the substitution of the labour of slaves ex-torted by the lash, to the labour of freemen paid in proportionto the work they perform. It suits, however, the indolence, theignorance, and domineering spirit, in which too many would wishto indulge, to attempt to compel by force, rather than conde-scend to persuade.

The law might be altered to much advantage, and without thesmallest inconvenience. Much is within the private power oflandholders themselves. And nothing bids fairer to make com-mon sense prevail upon any subject, than a liberal and fair dis-cussion.

A law declaring every lease the full and complete property ofthe tenant, alienable and disponable at his pleasure, would be ofthe greatest importance to encourage liberal minded capitaliststo betake themselves to farming, would establish credit, and makeit practicable to borrow money on the security of the lease.Whilst the dependent, and of course degraded state, in whichthe tenantry are too often kept, makes men of spirit disdain soservile an occupation. *

Your reasoners from practical experience, as they design them-selves, will allege, that, as agricultural industry is seen to thrivein Scotland , such allegations of existing causes of its depressionare merely theoretical and illusory. To such the only reply is,an appeal to the internal consciousness of every one capable ofthought and reflection. -j-

* If a landholder, or rather his man of business, is aware of the chances ofeventual forfeiture in constructing the lease, and at same time is convinced, (ashe generally may be), that the tenant has not had the same foresight one wouldcertainly be disposed to condemn such a bargain as fraudulent. A declaratorylaw, as above, rendering every lease full property, unless where the contrary'were expressly declared, would prevent all such fraud. If the tenant accepts alease with clauses of forfeiture expressly declared, he has himself alone toblame.

f See Appendix I, Note.