2 " 2
been settled in the general opinion, in such a time as that the te-nant should, in equity, be considered as bound by his obligationto have adopted the improved practice ? For a practice in hus-bandry is not, in reason, to be held as an improvement, merelybecause it is an innovation; good sense requiring, in this as inother subjects, a renitency against hasty change; and as there is,of necessity, a certain loss always to be sustained in the disar-rangement of one system, in preparation for the introduction ofanother, it may be, that the tenant’s lease was too near to its ex-piration (by the time that he might be supposed apprised of thebetter system), to allow of reaping, from the practice of that sys-tem, any adequate compensation for the loss to be sustained inthe preparation for its introduction. At any rate, as all ques-tions of this nature must ultimately be remitted by law courts toarbiters, wherever such a vague clause of obligation is admitted,it ought to be accompanied with another, binding both parties tosubmit any dispute that might arise upon it, at once to arbitersmutually chosen.
The security of lease has been every where through Scotland the primuni mobile of superior improvement. * The total wantof that security is almost nowhere complained of, excepting inthe Highlands of Scotland ; and where the proprietors, out ofmere humanity, and at the expense of great sacrifices of theirown pecuniary interest, are still continuing upon their lands, (tillthey can dispose of themselves otherwise) that disproportionatepopulatibn for which there can be no profitable use, upon the in-troduction of a more profitable system of occupancy, it is notto be expected that they should entail upon themselves such anunproductive system, or give it permanency through the securi-ty of lease.f
Size of farms is of considerable consequence to their profitableoccupation. I
* Leases, and long leases, have been considered equally as the great causedimprovement in England. Caledonia , vol. ii. article Peebles-shire.
f See Lord Selkirk on Emigration from the Highlands .
His Lordship’s antagonists display more of partial humanity, than of enlarge'views' of public utility. In their zeal for supporting Highland population, »® ewould even persuade us, that, in respect of talents for military service, a High-lander is of a sut generis description, constituting a breed of a superior kum-It is however pretty evident, that the human character is formed from circum-stances, and those talents drawn forth for which there is occasion. Ike n1 'tional reciprocated hostile incursions upon the Borders, gave a more constat 1occasion for hardy intrepidity and alertness, than the mutual predatory warfareof the Highland chieftains ; and accordingly, the Borderers were in use. to “called out to quell insurrections in the Highlands . Such specialties of elm;racter disappear upon change of circumstances. Highland regiments are notindiscriminately recruited from the common mass, and all equally acquit tb einselves welt. A British soldier will ever act as a hero, whether Highlander 0Lowlander,