whom it was considered right to kill, contributed to make war less bloody in an uncivilized age. A nation of hunters is almost compelled to grant no quarter; the conqueror would be obliged either to feed his prisoner or to put arms in his hands. It is certainly a great humanitarian advance, when this state of things is superseded by slavery among nomadic nations.2

In times of peace, economic dependence is the result of poverty, excessive debt etc. Where there is no division of labor, the individual has no means of supplying his wants, except by cultivating a spot of ground. But, how can the poor wretch who has neither capital nor land exchange anything of value for either? Such an advance, where there is no security in law, can be made only on the credit of a very important pledge. But the man who is destitute of all property can offer nothing but the productive power of himself or of his family. And

'Compare Tacitus, Histor., II, 44.

? See Iselin, Geschichte der Menscheit (1764), III, 7. Bazard, Exposition de la Doctrine de Saint Simon, 1831, 153. Among negro nations deprivation of freedom is one of the most usual punishments for crime; but the criminal has the option of substituting his wife or child for himself. L. A. de Oliveira Mendez, in the Memor. econom. of the Royal Academy of Lisbon, vol. IV, I, 1812. As to slavery on account of crime among the Germans, see Grimm, D. Rechtsalterth., 328 seq.

Loss at play was a frequent cause of slavery among the ancient Germans. Tacit., Germ., 24. For the principal causes of slavery among the Israelites, see the books of Moses, II, 22, 3; III, 25, 39; IV, 21, 26 seq.; among the Indians, Laws of Menu, VIII, 415. The first serfs of Russia were prisoners of war and their children. The laws of Jaroslaws recognize, besides, the following causes: insolvency, contracting marriage with a slave, the illegal breach of a contract for service, flight, unconditional contract for service. Karamsin, Russ. Gesch., II, 37.

4 At least seed and the means of subsistence until harvest time.

5 Cases of voluntary slavery to escape famine. Papencordt, Geschichte der Vandalen, 186; Victor, Chron., V, 17; Tur., VII, 45; Lex Bajuv, VI, 3; L. Fris, XI, I. According to the Edictum Pistense (a., 864), c., 34, one could free himself again by paying back the purchase money and 20 per cent. in addition. It frequently happened that people spontaneously accepted the condition of a vassal in order to enjoy the protection of a powerful personage. See Stüve, Lasten des Grundeigenthums, p. 74. In 1812, a young Himalayan offered himself to the traveler Moorcroft as a slave in orVOL. I.-14

so it is with the small landed proprietor who has lost all his capital; for, considering the superabundance of land, the part which he possesses has value in exchange only to the extent that it is joined with the certainty of being cultivated; and here is the origin of the glebæ adscriptio. The hereditary transmission of the relation to the children seems to be equally useful to them; or who, were this not the case, would think of providing them with food? It also frequently happens that poor parents prefer to sell their children to seeing them starve. Hence the strange fact that most nations have the most rigid system of slavery precisely at the time that the soil produces food most readily. We need only cite the instance of the South Sea Islands, at the time of their discovery. In many negro countries, where the people have not yet learned to use animals for transportation, the lowest classes, although they enjoy a nominal liberty, are used as beasts of burden.8

der to obtain food during the famine. K. Ritter, Erdkunde, III, p. 999. The same fact occurred, but in greater proportions under Joseph in Egypt. Moses, I, 47, 18 seq.

6 Cæsar, B. G., VI, 13.

Solon was the first to prohibit this commerce in Athens. Kindlinger, in his Geschichte der deutschen Hörigkeit, p. 621, speaks of a child promised as a slave before its birth, by its parents, as a species of farm-rent. (See the Edictum Pistense, in Baluz, II, 192.) In Chili, the poorest country people who were not entirely white, sold their children in the towns, where they grew up with the families of their masters, and were then kept as servants in a state of semi-serfdom. There is, it is true, no law governing this condition of things. (Pöppig, Reise, I, 201 ff.)

8 Ritter, XIII, 727. For instance, men in South America used for the purpose of riding. M. Chevalier, Cours, I, 251; Læwenstern, Le Mexique, Souvenirs d'un Voyageur (1843); and Stephens, Travels in Yucatan (1841), show how, even yet, in Central America, although the Indians are legally free, yet, by their senseless way of running into debt, a number of legal relations, amounting virtually to glebæ adscriptio, arise. But compare, however, Humboldt, Neuspanien, IV, 263. This condition of things has been produced in Peru, also, by the payment of one or two years' wages in advance. (Pöppig, Reise, II, 225.)

SECTION LXVIII.

THE SAME SUBJECT CONTINUED.

In all very low stages of civilization, the greatest absence of the feeling of wants, and the greatest indolence, are wont to prevail, and in the highest degree. As soon as their merest necessities are provided for, men begin to look upon labor as a disgraceful occupation, and indolence as the highest kind of enjoyment. ($41, 213 ff.) Sustained and voluntary efforts, in any number, then become possible only by the creation of new wants; but these new wants suppose a higher civilization. Escape from this sorry circle is then effected in the most humane manner, through the agency of foreign teachers; inasmuch as the representatives of a more highly cultivated people (missionaries, merchants etc.), by their own example, make the nation acquainted with more wants, and at the same time help toward their satisfaction. But, in the case of nations whose civilization is completely isolated, or having intercourse only with others equally low, progress is the creature of force exclusively. The barbarous isolation of families ceases when the strongest and most powerful force the weaker into their service. It is now that the division of labor really begins: the victor devotes himself entirely to work of a higher order, to statesmanship, war, worship etc.; the very doing of which is generally a pleasure in itself. The vanquished perform the lower. The one-half of the people are forced to labor for something beyond their own brute wants. And it is, here as elsewhere, the first step that costs. (§ 45.)

2

'Thus Forbonnais, Eléments du Commerce (1854) I, 364, says of trade with savages: il fait naître dans ces nations le goût du superflu et des commodités, qui multiplie les échanges et leur donne le goût du travail.

In very uncivilized nations, among whom serfdom is not known, we generally find the slavery of woman and the temporary bondage of the son-inlaw in order to secure the daughter in marriage. This is still the case among the Laplanders. Klemm, Kulturgeschichte III, p. 54. Slavery was unknown

SECTION LXIX.

ORIGIN OF SLAVERY.-WANT OF FREEDOM.

It is not to be supposed that slavery, at this stage, is so oppressive even to those who have been deprived of their freedom. The feeling of moral degradation which slavery, abstraction even made of its abuses, awakens in us, is unknown in a very uncivilized age.1 The child willingly obeys the orders of strangers, and is hired out to service by his parents etc. The want or craving for liberty keeps pace with the intellectual growth of a people. The systematic over-working of servants or slaves, in the interest of their masters, is scarcely thinkable in an uncultured age, when, in the absence of com

among the Greeks in the very earliest times. Herod., VI, 263. F. A. Wolf, Darstell. der Afterthumswissenschaft, 111, doubts whether any great advance in the higher development of the mind would have been possible without slavery.

1 In Russia, where free peasants and serfs lived side by side, it has been remarked that the latter were never so rich and never so poor as the former. (Kohl, Reise durch Russland II, 8, 300.) The Livonian peasants have become poorer since their emancipation. (Cancrin, Ekonomie der menschlichen Gesellschaften, 41). Many of the serfs refused to accept emancipation. (Büsch, Geldumlauf, Einleitung, § 6.) And so Martius, Reise in Brasilien II, 552 ff., assures us that the negro slaves in Brazll are as a rule a very merry set. He is also of the opinion that they are better clothed, lodged, fed and employed than in their own country. For the remarkable official defense of North American slavery directed by Calhoun, to Lord Aberdeen, see the Allg. Zeitung, 1844, No. 145. In this document, we find a comparison instituted between the free negroes of the north and the slaves of the south. In the north, there was one deaf-mute, a case of blindness and of insanity in every 96; in the south, in every 672; a pauper, invalid and prisoner in every 6 at the north, in every 54 at the south. In Maine, 4th of the negroes were afflicted by disease; in Florida, Trth (?). The fact that the slave population of the United States increased, between 1840 and 1860, from 2,873,698 to 4,441,830, while the free negro population of Jamaica, between 1833 and 1843, underwent a frightful decrease, is to the same purport. However, too much must not be inferred from all this, as the negroes in America are very far from being the children of the soil.

mercial intercourse, every family consumes what it produces.? The only thing which the slave has to fear is an occasional outburst of tyranny on the part of the master, a thing which is far from unfrequent in all the relations of low civilizations. Fear restrains masters to a certain extent; for, in those early days, how few were the institutions of state which could protect them against the vengeance of their slaves! 84

The servants in the Odyssey who cared for hogs and cattle etc. were certainly in a better condition in many respects than the peasants of Attica, who were free, but buried in debt until the time of Solon. Concerning the mildness of the treatment of slaves in very early Roman times, see Plutarch, Coriol., 24, and Cato, I, 3, 20 ff.; Cato, de Re rust, 5, 56 ff.; Macrob., Stat. I, 10 ff. On the state of the serfs among the Germans, see Grimm, Deutsche Rechtsalterthümer, p. 339 ff.; among the ancient Scandinavians etc., Dahlman, Geschichte von Dänemark, I, 163. See Tacit., Germ., 25.

3 Compare Landnamabok, I, 6.

4 The opinions of the ancients for and against slavery are found in Arist. Polit. I, 2. See especially the beautiful passages in Philemon: Meineke, Comicorum jr., 364, 410. Aristotle even thinks that there are cases in which master and slave might be brought together by a mutual want, each of the other. The former wants hands to execute the work of his brain; the latter a guiding brain for his hands. Where the degree of dependence corresponds exactly to the difference of ability, Aristotle, leaving its abuses out of the question, declares slavery to be just. See, also, Eth. Nicom., VIII, 11. Similarly the Pythagorean Bryson in Stobæus, Florid. LXXXV, 15. But Aristotle would hold up emancipation to all slaves as a reward they might have in prospect. Polit. VII, 9, 9; Œcon. I, 5. It is characteristic of the many testaments of philosophers, found in Diogenes Laertius, that they contain declarations giving slaves their freedom. The Essenes and Therapeutics condemned slavery under all circumstances. Philo., Opp. II, pp. 458, 482, Opp. I. See Seneca, De Benef. III, 20. The jus naturale of the age of the Cæsars recognized the freedom and equality of man. Digest, XII, 664., L. 17, 32. The New Testament does not reject it absolutely, but would sanctify it as well as all other relations in life. Compare Luke, 17, 7; Eph. 6 5 ff.; Coloss. 3, 22; Tit. 2, 9. More especially, I Timothy, VI, 1 ff. It was not until the ninth century that the opinion that slavery was anti-Christian because men were all made in the image of God, arose. Planck, Geschichte der kirchlichen Gesellschaftsverfassung, II, 350. Sachsenspiegel, III, 42. A writer as recent as Pufendorf explains slavery as arising from a free contract; faciam, ut des. Jus naturæ (1672) VI, 3. More recently Linguet, Théorie des Lois civiles (1767), V, ch. 30, and Hugo, Naturrecht, § 186 ff. have endeavored to prove that slaves are in a condition preferable to that of poor free