Note 256-13 — Chapter III

Beccaria, Dei Delitti e delle Pene, 1765, cap. 52. Similarly, Mirabeau, in his congratulatory letter to Fred. Wil. II., and Benjamin Franklin, On a proposed Act for preventing Emigration: Works, IV, 458 ff. The Dutch were very early advocates of freedom of emigration. Compare U. Huber, De Jure Civit., 1672, II, 4; Pufendorff, Jus. Natur. (1672), VIII, 11. Theorizers otherwise the most opposite in their views are here agreed. Jeremy Bentham says that properly speaking a prohibition against emigration should begin with the words: We, who do not understand the art of making our subjects happy; in consideration that if we should allow them to take flight, they would all betake themselves to strange and better governed countries, etc. Des Récompenses et des Peines, II, 310. But also K. L. v. Haller, Restauration der Staatswissenschaft, I, 429 ff., 508, demands most strenuously that there should be freedom of emigration, for the reason that every man, without prejudice to any one else, might seek the state constitution which he wanted, J. Tucker entirely approved the English law prohibiting the emigration of workmen. Compare also J. Bodin, De Republ., I, 6.