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the spirit of laws-第92章

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Taurus; they spared no expense in directing the course of their streams。 At this day; without knowing how they came thither; they are found in the fields and gardens。

Thus; as destructive nations produce evils more durable than themselves; the actions of an industrious people are the source of blessings which last when they are no more。

8。 The general Relation of Laws。 The laws have a very great relation to the manner in which the several nations procure their subsistence。 There should be a code of laws of a much larger extent for a nation attached to trade and navigation than for people who are content with cultivating the earth。 There should be a much greater for the latter than for those who subsist by their flocks and herds。 There must be a still greater for these than for such as live by hunting。

9。 Of the Soil of America。 The cause of there being such a number of savage nations in America is the fertility of the earth; which spontaneously produces many fruits capable of affording them nourishment。 If the women cultivate a spot of land around their cottages; the maize grows up presently; and hunting and fishing put the men in a state of complete abundance。 Besides; black cattle; as cows; buffaloes; &c。; thrive there better than carnivorous beasts。 The latter have always reigned in Africa。

We should not; I believe; have all these advantages in Europe if the land was left uncultivated; it would scarcely produce anything besides forests of oaks and other barren trees。

10。 Of Population in the Relation it bears to the Manner of procuring Subsistence。 Let us see in what proportion countries are peopled where the inhabitants do not cultivate the earth。 As the produce of uncultivated land is to that of land improved by culture; so the number of savages in one country is to that of husbandmen in another: and when the people who cultivate the land cultivate also the arts; this is also in such proportions as would require a minute detail。

They can scarcely form a great nation。 If they are herdsmen and shepherds; they have need of an extensive country to furnish subsistence for a small number; if they live by hunting; their number must be still less; and in order to find the means of life they must constitute a very small nation。

Their country commonly abounds with forests; which; as the inhabitants have not the art of draining off the waters; are filled with bogs; here each troop canton themselves; and form a petty nation。

11。 Of savage and barbarous Nations。 There is this difference between savage and barbarous nations: the former are dispersed clans; which for some particular reason cannot be joined in a body; and the latter are commonly small nations; capable of being united。 The savages are generally hunters; the barbarians are herdsmen and shepherds。

This appears plain in the north of Asia。 The people of Siberia cannot live in bodies; because they are unable to find subsistence; the Tartars may live in bodies for some time; because their herds and flocks may for a time be reassembled。 All the clans may then be reunited; and this is effected when one chief has subdued many others; after which they may do two things  either separate; or set out with a design to make a great conquest in some southern empire。

12。 Of the Law of Nations among People who do not cultivate the Earth。 As these people do not live in circumscribed territories; many causes of strife arise between them; they quarrel about waste land as we about inheritances。 Thus they find frequent occasions for war; in disputes in relation either to their hunting; their fishing; the pasture for their cattle; or the violent seizing of their slaves; and as they are not possessed of landed property; they have many things to regulate by the law of nations; and but few to decide by the civil law。

13。 Of the Civil Laws of those Nations who do not cultivate the Earth。 The division of lands is what principally increases the civil code。 Among nations where they have not made this division there are very few civil laws。

The institutions of these people may be called manners rather than laws。

Among such nations as these the old men; who remember things past; have great authority; they cannot there be distinguished by wealth; but by wisdom and valour。

These people wander and disperse themselves in pasture grounds or in forests。 Marriage cannot there have the security which it has among us; where it is fixed by the habitation; and where the wife continues in one house; they may then more easily change their wives; possess many; and sometimes mix indifferently like brutes。

Nations of herdsmen and shepherds cannot leave their cattle; which are their subsistence; neither can they separate themselves from their wives; who look after them。 All this ought; then; to go together; especially as living generally in a flat open country; where there are few places of considerable strength; their wives; their children; their flocks; may become the prey of their enemies。

The laws regulate the division of plunder; and give; like our Salic laws; a particular attention to theft。

14。 Of the political State of the People who do not cultivate the Land。 These people enjoy great liberty; for as they do not cultivate the earth; they are not fixed: they are wanderers and vagabonds; and if a chief should deprive them of their liberty; they would immediately go and seek it under another; or retire into the woods; and there live with their families。 The liberty of the man is so great among these people that it necessarily draws after it that of the citizen。

15。 Of People who know the Use of Money。 Aristippus; being cast away; swam and got safely to the next shore; where; beholding geometrical figures traced in the sand; he was seized with a transport of joy; judging that he was among Greeks; and not in a nation of barbarians。

Should you ever happen to be cast by some adventure among an unknown people; upon seeing a piece of money you may be assured that you have arrived in a civilised country。

The culture of lands requires the use of money。 This culture supposes many inventions and many degrees of knowledge; and we always see ingenuity; the arts; and a sense of want making their progress with an equal pace。 All this conduces to the establishment of a sign of value。

Torrents and eruptions have made the discovery that metals are contained in the bowels of the earth。'6' When once they have been separated; they have easily been applied to their proper use。

16。 Of Civil Laws among People who know not the Use of Money。 When a people have not the use of money; they are seldom acquainted with any other injustice than that which arises from violence; and the weak; by uniting; defend themselves from its effects。 They have nothing there but political regulations。 But where money is established; they are subject to that injustice which proceeds from craft  an injustice that may be exercised in a thousand ways。 Hence they are forced to have good civil laws; which spring up with the new practices of iniquity。

In countries where they have no specie; the robber takes only bare movables; which have no mutual resemblance。 But where they make use of money; the robber
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