CONSIDERATIONS THAT SUPPORT THE PRECEDING PLAN. 'HE laws in Scotland relating to this branch of public police, are numerous; some enacted while Scotland was a separate kingdom, some after its union with England. It is not the purpose of this essay to enter into a detail of the various regu lations established by these laws: they are generally known; and in the late abridgment of our statute-law, they are recapitulated with brevity and precision. It shall suffice cursorily to observe, that the acts made during the reign of Charles II. form the ground-work of our regulations concerning highways: the later acts are little more than explanatory of the former. It seems to have been the plan of the Legisla ture, that highways should be repaired by those who are employed in husbandry; and accordingly, the six days annual labour is, in the statutes of Charles II. imposed upon them only." This was a measure not ill suited to the state of Scotland at that period. During the last century, we had little inland commerce to require good roads, except that of corn carried to market; and for that reason, it was natural to impose upon н h husbandmen VOL. III. husbandmen the burden of repairing highways. These persons, at the same time, passing the whole summer in idleness, unless when called to perform personal services to capricious and unfeeling landlords, could not think it a hardship to have some part of their time employed in serving themselves instead of their landlords. That annual labour upon highways, limited to a few days, should be required from men in that condition, appears not unjust. And why may we not suppose the Legislature at that time capable of of such enlarged views, as to prefer this method for repairing highways, in order to bring on gradually a habit of labour and industry? But the condition of Scotland at present differs widely from what it was in the reign of Charles II.; and the regulations for repairing highways which were then proper, have, by alteration of circumstances, become both unjust and inexpedient. Unjust they have become in a high degree. Inland commerce, which begins to flourish in Scotland, is greatly promoted by good roads; and every dealer, and indeed every traveller, profits by them. But no men are less interested in good roads than day-labourers, or those who are commonly called cottars; and yet these chiefly are burdened with the reparation. Such men, at the same time having commonly many children, find it difficult to support their families, even with their utmost industry. Nothing can be more un just, just, than to impose upon such men an annual tax of six days labour for repairing roads, the goodness of which contributes little or nothing to their con venience. Our present laws are inexpedient, as well as unjust. In the first place, a tax of this nature discourages the propagation of children, in which the strength of a state consists: the poor labourer ought to be encouraged with a reward, instead of being discouraged with a tax. In the next place, cottars called out to perform the statute-work, obey with reluctance, and trifle away time without doing any thing effectual. To enforce the law, and to com→ pel such men to labour, is grievous to the gentlemen who are empowered to execute the law: they cannot punish with rigour or firmness men who have so good reason to decline the service: they are soon disgusted with being taskmasters, and the generality desist altogether. Laws concerning private property are always kept in observance; and they execute themselves, as is commonly expressed, because there are always a multitude of individuals strongly interested to have them executed. But, in making public laws, the great difficulty has ever been, to lay down effectual measures for putting them in execution: by what means to make such laws execute themselves, is one of the most intricate problems in politics. Our laws concerning highways, are eminently defective in that respect and accordingly, Hh2 though though most of them have existed near a century, they never have at any period been executed to any extent. Take the following specimen, among many that may be urged, of this defect. Overseers are forced into the service under a penalty, in order to compel the peasants to perform faithfully their six days labour. To hope any good from a reluctant overseer set over a set of reluctant labourers, is a fond conceit it is much if his resentment tempt him not to encourage their idleness. In vain would we expect, that any overseer, without a suitable reward, will exert himself in promoting the work. To remedy the hardship of laying the burden of reparation upon those who are least able and least benefited, and at the same time to make this remedy effectual, is the purpose of the foregoing plan. And upon considering the matter in its different views, the only method that promises success, appears to be a county-tax laid upon land according to the valuation, and a capitation-tax on the inhabitants of boroughs. These taxes relieve the labouring poor, and lay the burden where it ought to be laid and the law will execute itself, if that effect can be hoped from any public law: effectual measures are laid down for levying the tax; and, if once levied, there is no danger of its being allowed to lie unemployed in the hands of the collector, for every heritor will be anxious to have some part employed for his benefit. The danger will rather be of factious disputes about the distri- Some narrow-minded persons may possibly grudge To conclude: it is not to be expected that any |