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Updated: June 8, 2025
Wythe; and the Virginia laws to Mr. Pendleton. As the law of Descents, and the Criminal law, fell of course within my portion, I wished the committee to settle the leading principles of these, as a guide for me in framing them; and, with respect to the first, I proposed to abolish the law of primogeniture, and to make real estate descendible in parcenery to the next of kin, as personal property is, by the statute of distribution.
"Well, according to our laws of primogeniture, I don't come first, and therefore miss a better title," he said. "How are you?" Algernon nodded to Lord Suckling, who replied, "Very well, I thank you." Their legs were swinging forward concordantly. Algernon plucked out his purse.
While from the law of primogeniture, and other European customs, land bears a monopoly price, a capital can never be employed in it with much advantage to the individual; and, therefore, it is not probable that the soil should be properly cultivated.
At the same time, I did not believe nature had created men unequal, in the order of primogeniture from male to male. Keeping in view all the facts, I was perfectly disposed to admit that habits, education, association, and sometimes chance and caprice, drew distinctions that produced great benefits, as a whole; in some small degree qualified, perhaps, by cases of individual injustice.
Carlyle, never unconscious of his prerogative and apostolic primogeniture, felt like an aspirant who had performed his vigils, and finding himself still ignored, became a knight of the rueful countenance.
The firstborn of an indigent father inherits a double measure of the disadvantages of poverty, a joyless childhood, a guideless youth, and perhaps a mateless manhood, his own life being drained to feed the young of his father's begetting. If we cannot do away with poverty entirely, we ought at least to abolish the institution of primogeniture.
The Clear Grits advocated, the application of the elective principle to all the officials and institutions of the country, from the head of the government downwards; universal suffrage; vote by ballot; biennial parliaments; the abolition of property qualification for parliamentary representations; a fixed term for the holding of general elections and for the assembling of the legislature; retrenchment; the abolition of pensions to judges; the abolition of the Courts of Common Pleas and Chancery and the giving of an enlarged jurisdiction to the Court of Queen's Bench; reduction of lawyers' fees; free trade and direct taxation; an amended jury law; the abolition or modification of the usury laws; the abolition of primogeniture; the secularization of the clergy reserves, and the abolition of the rectories.
The character of their political institutions was determined by the fundamental laws respecting property. The laws rendered estates divisible among sons and daughters. The right of primogeniture, at first limited and curtailed, was afterwards abolished. The property was all freehold.
As their power diminished, they grew less amenable to discipline; and as in the last days of the Byzantine Empire, everyone wished to be emperor. They mistook their uniform weakness for uniform strength. Each family ruined by the Revolution and the abolition of the law of primogeniture thought only of itself, and not at all of the great family of the noblesse.
Our present system may succeed in a country whose action is circumscribed by the nature of its soil, like England; but the law of primogeniture applied to the transmission of land is absolutely necessary; when that law is suppressed the system of legislative representation becomes absurd.
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