Now,
with regard to intestate estates, I am told that the House of Lords will
never repeal the law of primogeniture; but I do not want them to repeal
the law of primogeniture in the sense entertained by some people. I do
not want them to enact the system of France, by which a division of
property is compelled. I think that to force the division of property by
law is just as contrary to sound principles and natural rights as to
prevent its division, as is done by our law. If a man choose to act the
unnatural and absurd part of leaving the whole of his property to one
child, I should not, certainly, look with respect upon his memory; but I
would not interfere to prevent the free exercise of his will. I think,
however, if a man die by chance without a will, that it is the duty of
the Government to set a high moral example, and to divide the property
equally among the children of the former owner, or among those who may
be said to be his heirs--among those, in fact, who would fairly
participate in his personal estate. If that system of leaving all to the
eldest were followed out in the case of personalty, it would lead to
immediate confusion, and, by destroying the whole social system, to a
perfect anarchy of property.
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