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NOTE 11. Land Monopoly, Past and Present

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CHAPTER XI. LAND MONOPOLY, PAST AND PRESENT

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Thus there are two types of ethically invalid land titles. Feudalism, in which there is

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continuing aggression by title holders of land against peasants engaged in transforming

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the soil, and land engrossing, where arbitrary claims to virgin land are used to keep first

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Transformers out of that land.

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We may call both of these aggressions land monopoly, not in the sense that some one person

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or group owns all the land in society, but in the sense that arbitrary privileges to

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land ownership are asserted in both cases, clashing with the libertarian rule of non-ownership

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of land except by actual transformers, their heirs and their assigns.

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Land monopoly is far more widespread in the modern world than most people, especially

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most Americans, believe.

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In the undeveloped world, especially in Asia, the Middle East and Latin America, feudal

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landholding is a crucial social and economic problem, with or without quasi-surf impositions

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on the persons of the peasantry.

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Indeed, of the countries of the world, the United States is one of the very few virtually

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are largely free from feudalism, due to a happy accident of its historical development.

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Largely escaping feudalism itself, it is difficult for Americans to take the entire problem seriously.

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This is particularly true of American laissez-faire economists who tend to confine their recommendations

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for the backward countries to preachments about the virtues of the free market.

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But these preachments naturally fall on deaf ears, because free market for American conservatives

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obviously does not encompass an end to feudalism and land monopoly and the transfer of title

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to these lands without compensation to the peasantry.

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And yet, since agriculture is always the overwhelmingly most important industry in the undeveloped

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of Most Countries, a truly free market, a truly libertarian society devoted to justice

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and property rights can only be established there by ending unjust feudal claims to property.

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But utilitarian economists, grounded on no ethical theory of property rights, can only

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fall back on defending whatever status quo may happen to exist.

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In this case, unfortunately, the status quo of feudal suppression of justice and of any

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genuinely free market in land or agriculture.

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This ignoring of the land problem means that Americans and citizens of undeveloped countries

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talk in two different languages and that neither can begin to understand the other's position.

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American conservatives in particular exhort the backward countries on the virtues and

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and the importance of private foreign investment from the advanced countries and of allowing

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a favorable climate for this investment free from governmental harassment.

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This is all very true but is again often unreal to the undeveloped peoples because the conservatives

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persistently fail to distinguish between legitimate free market foreign investment

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as against investment based upon monopoly concessions and vast land grants by the undeveloped states.

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To the extent that foreign investments are based on land monopoly and aggression against

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the peasantry, to that extent do foreign capitalists take on the aspects of feudal landlords and

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must be dealt with in the same way.

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A moving expression of these truths was delivered in the form of a message to the American people

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by the prominent left-wing Mexican intellectual Carlos Fuentes.

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You have had four centuries of uninterrupted development within the capitalistic structure.

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We have had four centuries of underdevelopment within a feudal structure.

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You had your own origin in the capitalistic revolution.

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You started from zero, a virgin society, totally equal to modern times, without any feudal

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ballast.

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On the contrary, we were founded as an appendix of the falling feudal order of the Middle

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Ages.

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We inherited its obsolete structures, absorbed its vices, and converted them into institutions

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on the outer rim of the revolution in the modern world.

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We come from slavery to latifundio, enormous expanses of land under a single landlord,

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denial of political, economic or cultural rights for the masses, a customs house closed

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to modern ideas.

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You must understand that the Latin American drama stems from the persistence of those

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feudal structures over four centuries of misery and stagnation while you were in the midst

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of the Industrial Revolution and we're exercising a liberal democracy.

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We need not search far for examples of land aggression and monopoly in the modern world.

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They are indeed legion.

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We might cite one example not so very far removed from our hypothetical King of Ruritania.

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The Shah owns more than half of all arable land in Iran, land originally taken over by

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A typical example of foreign investment combined with land aggression is a North American mining

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company in Peru, the Cerro de Pasco Corporation.

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Cerro de Pasco, having legitimately purchased its land from a religious convent a half century

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began in 1959 to encroach upon and seize the lands of neighboring Indian peasants.

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Indians of Rankas, refusing to leave their land, were massacred by peasants in the pay

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of the company.

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Indians of Yeros Yakan tried to contest the company's action in the courts, while company

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men burned pastures and destroyed peasant huts.

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When the Indians retook their land through mass non-violent action, the Peruvian government,

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at the behest of the Cerro de Pasco and the regional Latifundia owners, sent troops to

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eject, assault and even murder the unarmed Indians.

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What then is to be our view toward investment in oil lands, one of the major forms of foreign

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investment in underdeveloped countries in today's world?

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The major error of most analyses is to issue either a blanket approval or a blanket condemnation,

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for the answer depends on the justice of the property title established in each specific

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case.

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Where, for example, an oil company, foreign or domestic, lays claim to the oil field which

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it discovers and drills, then this is its just homesteaded private property, and it

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It is unjust for the undeveloped government to tax or regulate the company.

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Where the government insists on claiming ownership of the land itself and only leases the oil

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to the company, then, as we will see further below in discussing the role of government,

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the government's claim is illegitimate and invalid, and the company, in the role of homesteader,

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is properly the owner and not merely the renter of the oil land.

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On the other hand, there are cases where the oil company uses the government of the undeveloped

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country to grant it, in advance of drilling, a monopoly concession to all the oil in a

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vast land area, thereby agreeing to the use of force to squeeze out all competing oil

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producers who might search for and drill oil in that area.

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In that case, as in the case above of Crusoe's arbitrarily using force to squeeze out Friday,

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The first oil company is illegitimately using the government to become a land and oil monopolist.

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Ethically, any new company that enters the scene to discover and drill oil is the proper owner of its homesteaded oil area.

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A fortiori, of course, our oil concessionaire who also uses the state to eject peasants from their land by force,

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As was done, for example, by the Creole Oil Company in Venezuela, is a collaborator with the government in the latter's aggression against the property rights of the peasantry.

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We are now able to see the grave fallacy in the current programs for land reform in the undeveloped countries.

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These programs generally involve minor transfers of the least fertile land from landlords to peasants along with full compensation to the landlords,

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Landlords, often financed by the peasants themselves, the estate aid.

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If the landlord's title is just, then any land reform applied to such land is an unjust

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and criminal confiscation of his property.

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But on the other hand, if his title is unjust, then the reform is picayune and fails to reach

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the heart of the question.

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For then, the only proper solution is an immediate vacating of the title and its transfer to

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to the peasants, with certainly no compensation to the aggressors who had wrongly seized control of the land.

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Thus the land problem in the undeveloped countries can only be solved by applying the rules of justice that we have set forth,

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and such application requires detailed and wholesale empirical inquiry into present titles to land.

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In recent years, the doctrine has gained ground among American conservatives that feudalism, instead of being oppressive and exploitative, was in fact a bulwark of liberty.

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It is true that feudalism, as these conservatives point out, was not as evil a system as oriental despotism,

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but that is roughly equivalent to saying that imprisonment is not as severe a penalty as execution.

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The difference between feudalism and oriental despotism was really of degree rather than kind.

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Arbitrary power over land and over persons on that land was, in the one case, broken up into geographical segments.

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In the latter case, land tended to concentrate into the hands of one imperial overlord over the land area of the entire country, aided by his bureaucratic retinue.

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The systems of power and repression are similar in type.

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The Oriental despot is a single feudal overlord with the consequent power accruing into his hands.

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Each system is a variant of the other, neither is in any sense libertarian,

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and there is no reason to suppose that society must choose between one and the other,

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that these are the only alternatives.

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Historical thinking on this entire matter was shunted onto a very wrong road by the statist German historians of the late 19th century, by men such as Schmoller, Bücher, Ehrenberg and Sombart.

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These historians postulated a sharp dichotomy and inherent conflict between feudalism on the one hand and absolute monarchy or the strong state on the other.

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and other.

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They postulated that capitalist development required absolute monarchy and the strong

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state to smash local feudal and guild-type restrictions.

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In upholding this dichotomy of capitalism plus the strong central state versus feudalism,

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they were joined from their own special viewpoint by the Marxists, who made no particular distinction

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between bourgeoisie who made use of the state and bourgeoisie who acted on the free market.

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Now some modern conservatives have taken this old dichotomy and turned it on its head.

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Feudalism and the strong central state are still considered the critical polar opposites

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except that feudalism is, on this view, considered the good alternative.

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The error here is in the dichotomy itself.

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Actually the strong state and feudalism were not antithetical.

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The former was a logical outgrowth of the latter, with the absolute monarch ruling as

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the super feudal overlord.

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The strong state, when it developed in Western Europe, did not set about to smash feudal

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restrictions on trade.

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On the contrary, it superimposed its own central restrictions and heavy taxes on top of the

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feudal structure.

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The French Revolution, directed against the living embodiment of the strong state in Europe,

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was aimed at destroying both feudalism with its local restrictions and the restrictions

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and high taxes imposed by the central government.

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The true dichotomy was liberty on the one side versus the feudal lords and the absolute

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monarch on the other.

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Furthermore, the free market and capitalism flourished earliest and most strongly in those

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Those very countries where both feudalism and central government power were at their

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relative weakest, the Italian city-states and 17th century Holland and England.

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North America's relative escape from the blight of feudal land and land monopoly was not for

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lack of trying.

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Many of the English colonies made strong attempts to establish feudal rule, especially where

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Where the colonies were chartered companies or proprietorships, as in New York, Maryland

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and the Carolinas.

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The attempt failed because the New World was a vast and virgin land area, and therefore

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the numerous receivers of monopoly and feudal land grants, many of them enormous in size,

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could only gain profits from them by inducing settlers to come to the New World and settle

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on their property.

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Here were not, as in the old world, previously existing settlers on relatively crowded land

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who could easily be exploited.

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Instead, the landlords, forced to encourage settlement and anxious for a quick return,

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invariably subdivided and sold their lands to the settlers.

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It was unfortunate, of course, that by means of arbitrary claims and governmental grants,

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land titles were engrossed ahead of settlement.

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The settlers were consequently forced to pay a price for what should have been free land.

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But once the land was purchased by the settler, the injustice disappeared, and the land title

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accrued to its proper holder, the settler.

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In this way, the vast supply of virgin land, along with the desire of the land grantees

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for quick profits, led everywhere to the happy dissolution of feudalism and land monopoly,

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and the establishment in North America of a truly libertarian land system.

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Some of the colonial proprietors tried to keep collecting quit rents from the settlers,

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the last vestige of feudal exactions.

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But the settlers widely refused to pay or to treat the land as anything but their own.

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In every case, the colonial proprietors gave up trying to collect their quit rents, even

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Even before the charters were confiscated by the British Crown.

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In only one minor case did feudal land tenure persist, apart from the vital case of slavery

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and the large southern plantations in the English colonies.

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In the Hudson Valley counties in New York, where the large grantees persisted in not

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selling the lands to settlers, but in renting them out.

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As a result, continuing resistance and even open warfare were waged by the farmers who

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were even known as peasants against their feudal landlords.

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This resistance culminated in the anti-rent wars of the 1840s, when the quit-rent exactions

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were finally ended by the state legislature and the last vestige of feudalism outside

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the South finally disappeared.

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The important exception to this agrarian idol, of course, was the flourishing of the slave

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system in the southern states.

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It was only the coercion of slave labor that enabled the large plantation system in staple

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crops to flourish in the south.

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Without the ability to own and coerce the labor of others, the large plantations, and

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perhaps much of the tobacco and later the cotton culture, would not have pervaded the

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south.

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We have indicated above that there was only one possible moral solution for the slave question,

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immediate and unconditional abolition, with no compensation to the slave masters.

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Indeed, any compensation should have been the other way, to repay the oppressed slaves

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for their lifetime of slavery.

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A vital part of such necessary compensation would have been to grant the plantation lands

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not to the slave master, who scarcely had valid title to any property, but to the slaves

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themselves, whose labor on our homesteading principle was mixed with the soil to develop

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the plantations.

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In short, at the very least, elementary libertarian justice required not only the immediate freeing

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of the slaves, but also the immediate turning over to the slaves, again without compensation

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to the Masters, of the plantation lands on which they had worked and sweated.

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As it was, the victorious North made the same mistake, though mistake is far too charitable

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a word for an act that preserved the essence of an unjust and oppressive social system,

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as had Tsar Alexander when he freed the Russian serfs in 1861.

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The bodies of the oppressed were freed, but the property which they had worked and eminently

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that they deserved to own remained in the hands of their former oppressors.

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With the economic power thus remaining in their hands, the former lords soon found themselves

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virtual masters once more of what were now free tenants or farm laborers.

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The serfs and the slaves had tasted freedom, but had been cruelly deprived of its fruits.
