Sect. III[2] Some philosophers account for the right of occupation, by saying, that every one has a property in his own labour; and when he joins that labour to any thing, it gives him the property of the whole: But, 1. There are several kinds of occupation, where we cannot be said to join our labour to the object we acquire: As when we possess a meadow by grazing our cattle upon it. 2. This accounts for the matter by means of accession; which is taking a needless circuit. 3. We cannot be said to join our labour to any thing but in a figurative sense. Properly speaking, we only make an alteration on it by our labour. This forms a relation betwixt us and the object; and thence arises the property, according to the preceding principles.

There remains nothing, but to determine exactly, what is meant by possession; and this is not so easy as may at first sight be imagined. We are said to be in possession of any thing, not only when we immediately touch it, but also when we are so situated with respect to it, as to have it in our power to use it; and may move, alter, or destroy it, according to our present pleasure or advantage. This relation, then, is a species of cause and effect; and as property is nothing but a stable possession, derived from the rules of justice, or the conventions of men, it is to be considered as the same species of relation. But here we may observe, that as the power of using any object becomes more or less certain, according as the interruptions we may meet with are more or less probable; and as this probability may increase by insensible degrees; it is in many cases impossible to determine when possession begins or ends; nor is there any certain standard, by which we can decide such controversies. A wild boar, that falls into our snares, is deemed to be in our possession, if it be impossible for him to escape. But what do we mean by impossible? How do we separate this impossibility from an improbability? And how distinguish that exactly from a probability? Mark the precise limits of the one and the other, and shew the standard, by which we may decide all disputes that may arise, and, as we find by experience, frequently do arise upon this subject.[3]

[3] If we seek a solution of these difficulties in reason and public interest, we never shall find satisfaction; and if we look for it in the imagination, it is evident, that the qualities, which operate upon that faculty, run so insensibly and gradually into each other, that it is impossible to give them any precise bounds or termination. The difficulties on this head must encrease, when we consider, that our judgment alters very sensibly, according to the subject, and that the same power and proximity will be deemed possession in one case, which is not esteemed such in another. A person, who has hunted a hare to the last degree of weariness, would look upon it as an injustice for another to rush in before him, and seize his prey. But the same person advancing to pluck an apple, that hangs within his reach, has no reason to complain, if another, more alert, passes him, and takes possession. What is the reason of this difference, but that immobility, not being natural to the hare, but the effect of industry, forms in that case a strong relation with the hunter, which is wanting in the other?

Here then it appears, that a certain and infallible power of enjoyment, without touch or some other sensible relation, often produces not property: And I farther observe, that a sensible relation, without any present power, is sometimes sufficient to give a title to any object. The sight of a thing is seldom a considerable relation, and is only regarded as such, when the object is hidden, or very obscure; in which case we find, that the view alone conveys a property; according to that maxim, THAT EVEN A WHOLE CONTINENT BELONGS TO THE NATION, WHICH FIRST DISCOVERED IT. It is however remarkable that both in the case of discovery and that of possession, the first discoverer and possessor must join to the relation an intention of rendering himself proprietor, otherwise the relation will not have its effect; and that because the connexion in our fancy betwixt the property and the relation is not so great, but that it requires to be helped by such an intention.

From all these circumstances, it is easy to see how perplexed many questions may become concerning the acquisition of property by occupation; and the least effort of thought may present us with instances, which are not susceptible of any reasonable decision. If we prefer examples, which are real, to such as are feigned, we may consider the following one, which is to be met with in almost every writer, that has treated of the laws of nature. Two Grecian colonies, leaving their native country, in search of new feats, were informed that a city near them was deserted by its inhabitants. To know the truth of this report, they dispatched at once two messengers, one from each colony; who finding on their approach, that their information was true, begun a race together with an intention to take possession of the city, each of them for his countrymen. One of these messengers, finding that he was not an equal match for the other, launched his spear at the gates of the city, and was so fortunate as to fix it there before the arrival of his companion. This produced a dispute betwixt the two colonies, which of them was the proprietor of the empty city and this dispute still subsists among philosophers. For my part I find the dispute impossible to be decided, and that because the whole question hangs upon the fancy, which in this case is not possessed of any precise or determinate standard, upon which it can give sentence. To make this evident, let us consider, that if these two persons had been simply members of the colonies, and not messengers or deputies, their actions would not have been of any consequence; since in that case their relation to the colonies would have been but feeble and imperfect. Add to this, that nothing determined them to run to the gates rather than the walls, or any other part of the city, but that the gates, being the most obvious and remarkable part, satisfy the fancy best in taking them for the whole; as we find by the poets, who frequently draw their images and metaphors from them. Besides we may consider, that the touch or contact of the one messenger is not properly possession, no more than the piercing the gates with a spear; but only forms a relation; and there is a relation, in the other case, equally obvious, tho' not, perhaps, of equal force. Which of these relations, then, conveys a right and property, or whether any of them be sufficient for that effect, I leave to the decision of such as are wiser than myself.

But such disputes may not only arise concerning the real existence of property and possession, but also concerning their extent; and these disputes are often susceptible of no decision, or can be decided by no other faculty than the imagination. A person who lands on the shore of a small island, that is desart and uncultivated, is deemed its possessor from the very first moment, and acquires the property of the whole; because the object is there bounded and circumscribed in the fancy, and at the same time is proportioned to the new possessor. The same person landing on a desart island, as large as Great Britain, extends his property no farther than his immediate possession; though a numerous colony are esteemed the proprietors of the whole from the instant of their debarkment.

But it often happens, that the title of first possession becomes obscure through time; and that it is impossible to determine many controversies, which may arise concerning it. In that case long possession or prescription naturally takes place, and gives a person a sufficient property in any thing he enjoys. The nature of human society admits not of any great accuracy; nor can we always remount to the first origin of things, in order to determine their present condition. Any considerable space of time sets objects at such a distance, that they seem, in a manner, to lose their reality, and have as little influence on the mind, as if they never had been in being. A man's title, that is clear and certain at present, will seem obscure and doubtful fifty years hence, even though the facts, on which it is founded, should be proved with the greatest evidence and certainty. The same facts have not the same influence after so long an interval of time. And this may be received as a convincing argument for our preceding doctrine with regard to property and justice. Possession during a long tract of time conveys a title to any object. But as it is certain, that, however every thing be produced in time, there is nothing real that is produced by time; it follows, that property being produced by time, is not any thing real in the objects, but is the off-spring of the sentiments, on which alone time is found to have any influence.[4]