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SECTION LXXVI.

(APPENDIX TO CHAPTER IV.)

THE DOMESTIC SERVANT SYSTEM.

In most countries the servant system developed itself gradually out of serfdom, or of some condition of tutelage analogous thereto. This is seen most clearly in the long continuance of forced service, by which the subjects of the lord of the fee were compelled to allow their children to remain in the court of the lord as servants, either without any remuneration whatever, or for very low wages fixed by long continued custom.1 Here, also, belongs the right of correction, so generally accorded to masters in former times. In the higher stages of civilization, the whole relation is wont to be resolved more and more into freedom of competition; and this process is wont to take place earliest and most strikingly in the cities. Where vast numbers of men are brought together, demand and supCoast. 8, 9. Trebell, Poll. Claud., 9. Justin. Cad., XI, 26, 47. Compare v. Savigny, Ueber den römischen Colonat. Berliner Akad., 1822-23.

13 The figures given in Athen., VI, 103, concerning the number of bondmen in Greece are almost incredible. For Attica alone, the estimates vary between 110,000 (Letronne, in the Mem. de l'Académie des Inscr., 1822, 192, ff.) and 400,000 (Athen. 1. c.), while the free men are estimated at from 130,000 to 150,000. In Rome, during the time from the e pulsion of the kings until the destruction of Carthage, the number of the slaves remained about the same. (Blair, State of Slavery among the Romans, 1833, 10, 15.) On the other hand, Dureau de la Malle is of opinion, that in 576 B. C., the number of. slaves was to the number of free men as 1 to 25, and in 225 B. C. (including the metics), as 22 to 27. (Economie polit. des Romains I 270 ff., 296.) Compare Cato, de Re. rust. I, 3, IV, X, 1 XI; 1, XVII, XVIII, 1. In Germany, the number of bondmen, from the eighth to the tenth century, was estimated to be at least as great as that of free men. (Grimm, D. Rechtsaltherthümer, 334) Among the Anglo Saxons, before the Norman conquest, it was much higher, even three-fourths of the entire population. (Turner, Hist. of the A. S., VIII, 9.) Compare on the subject of this whole chapter my paper in the Archiv. der polit. Œkonomie, N. F., IV, 30 ff.

1 Klöntrupp, Abhandlung der Lehre vom Zwangsdienste, 1801. Frequently, the lord had only a right of preference in case the children of the tenant de. sired to abandon the parental roof and take service elsewhere.

ply of services meet most easily. The nearer in the course of this development the servant system approaches to piece-wages and day-wages, the shorter does the customary (presumptive) duration of the contract last, the more voluntary is the period of leave-taking by both parties; the more does the entire relation tend to be limited to single acts of service agreed upon in advance (§ 39), and the more frequently do both parties endeavor to supply the place of the domestic servants by workmen who receive wages and live outside of the family. The extreme of this direction at present is the servant-institutes in cities, the more movable and more democratic character of which finds expression in this, that they have extended the use of personal services to a lower circle of consumers than could previously have thought of employing them. In Eng

In Adam Smith's time, in England, the presumption was that a servant had been hired for a year. (I, 2, 15 ed., Bas.) Frederick the Great's ordinance of 1769, on this subject, forbade any one to enter into service for a shorter time than this (II, § 1 ff.), while the Saxon ordinance of 1835, on the same matter, allowed engagements by the month, in cities. Darjes, Erste Gründe der Cameral wissenschaften, 2d ed. (1768), p. 432, demands that servants should always hire themselves for at least four or five years, and that their masters should have, during the whole of this time, the right to enforce the contract. In North America, however, service by the month has become customary and general, and no notice of the dissolution of the contract is, as a rule, required. (Deutsche Vierteljahrsschrift, 1853, II, 191.) In Switzerland, contracts for service by the week are frequently made even by country serv ants. (Böhmert, Arbeiterverhh., II, 157.)

3 In the south of England, farm hands were used to change service only at Michaelmas. The choice of such a date made farmers very dependent on them, as it fell in harvest time. (Marshall, Rural Economy of the Southern Countries, II, 233.) A similar complaint in Cleves. (Schwerz, Rheinischwestphälische Landw., 21 ff.) In Jülich, a half year's notice was required, during which time the servant who had received it, performed his work with disgust, and stirred up his fellow servants against their master. (Schwerz, II, 87.)

4 The families of day laborers, to whom the owner of the land gives the use of a house, small garden, a cow etc., constitute such a transition; and also, workmen who are fed. In Brandenburg, in 1644, only married persons or widowers with children were permitted to work as day laborers. (Mylius, C. C. March., V, 1, 3, 11.)

lish agriculture this transition was completed mainly in the third decade of this century. The change was unquestionably favorable to the improvement of the art of agriculture, but it was frequently damaging to the social relation existing between the rich and the poor in the country. In Germany, the sale of the public domains, conscription and Landwehr duty have operated in this direction. Hence it is, for instance, that in Prussia, the servants, in 1816, were 15.18 per cent. of the entire male population over 14 years of age, and 17.84 per cent. of the entire female population over 14 years of age. In 1861, on the other hand, there were only 11.88 and 12.93 per cent., respectively, while the number of day laborers and workmen, in the same time, increased from 16.29 per cent. males, and 10.87 per cent. females, to 20.95 and 16.65 per cent., respectively. In most civilized countries, the grade of society

5 Wakefield, Swing Unmasked, or the Causes of rural Incendiarism, 1831. By means of the former, the number of independent small householders was much increased in the country. Masters feel indisposed to hire young men liable to be subjected to military duty, because they may be called away at the moment their services are most needed. The returning soldier, as a rule, feels above doing menial service. (Schwerz, passim, I, 191 ff., 236.) On this account, servants' wages in Cleves rose much higher than those of day laborers. (194.) In Belgium, a farm hand cost, on an average, 400 francs a year; a day laborer, counting 300 working days to the year, only 339 francs. (Horn, Statist. Gemälde, 175.) In the Palatinate, day laborers who receive nothing but their wages cost their masters less than those who receive only their food; and servants are the dearest of all. (Hanssen, Archiv der Politischen Ekonomie, N. F. X, 243.) If servants were relatively more poorly paid in 1813 than day laborers (Lotz, Revision, III, 147), it was because of the at least temporary retrogression of civilization which every great war causes.

Engel, Preuss. Statist. Jahrb., II, 261. Services which contribute to personal convenience are naturally committed much less frequently to independent day laborers than those which aid in production proper. Hence it is, that, as civilization advances, house-servants, especially of the female sex, constitute an ever-increasing portion of the total number of servants. In Prussia, in 1816, the number of servants who ministered to personal comfort was only 4.19 per cent. of the total number of servants engaged in industry; of female servants, it was 13.4 per cent. In 1861, on the other hand, the percentages were 8.4 and 37.2. In Great Britain, of the total number of

from which servants are recruited grows lower the spirit of independence extends to the deeper manity.8

and lower as

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The servant class may continue a long time yet to be a school of development for those of the lower classes, who, ripe in body, are not intellectually independent; just as the duty of bearing arms has been a school of improvement for all male youth. Life-long servants are as seldom to be desired as lifelong soldiers.

In most places, the long transition period from complete bondage to free competition was governed by a police system of wardship, which was very unfavorable to the servant class. Such especially was the provision that all young people of the lower classes, who could not expressly show that they were employed under the paternal roof or at some trade, should be compelled to seek some outside or inland work; such also was the strict prohibition of "usurious" wage-claims, and the "decoying" of servants from their masters.10 Besides, a

servants over 20 years of age, only 2 per cent. were engaged in personal services. In 1841, they were 3 per cent. (Meidinger.) In France, in 1851, 2.5 per cent. of the whole population were in domesticité. (Stat. off.) 8 In England, now more especially, out of farm-hand day laborers: Edinburgh Rev., April, 1862.

A chief element in the earlier "organization of labor." So, also, in the Magdeburg Gesindeordnung (service-regulation) of 1789.

10 Saxon Landesordnungen of 1482 and 1543. Cod. August. I, 3, 23. The Gesindeordnung (service regulation) of Frederick the Great, threatened with the house of correction the receivers, and under certain circumstances also the givers of wages higher than the fixed rate of wages; but as a matter of course," the payment of wages less than this was permitted. (V, § 7.) Great care was taken that wages greater than the law allowed should not be evaded by the payment of arrha or payment in produce. The same law forbade the deprivation of the servant of his right to determine the service by making of loans to him on long time (II, § 7.) Even v. Berg, Handbuch des deutschen Polizeirechts, calls it a duty of the public authorities charged with the protection of property and of the public security, to see to it that there be no lack of good servants, and that the public (as if those who sell their services were not a part of it) should not be made the victims of exorbitant demands in the matter of servants' wages. Jung, more humane, de

great many provisions relating to servants, and based on views belonging to an older economic condition, were intended to throw obstacles in the way of farm hands and country servants" becoming servants in towns; and, on the other hand, to facilitate the speedy abandonment of service in all cases in which the servant desired to marry.22 All these preferences in favor of one class of contractors, and at the cost of another, are radically opposed to the modern political spirit. The laws relating to servants are wont, in our day, to have but one object, the prevention, by registration with the police, of fraud and breach of contract, and of all strife and litigation by the legally formulating of the conditions which are very frequently tacitly understood.

The ideal of the relation of master and servant is attained when it is considered by both as a part of the life of a Christian family.18 Hence, benevolence on the one side and devotedness on the other, fidelity on both sides, disinterested care for the present and future interests each of the other tanquam sua; and especially for each other's eternal future. Whether this state of mutual feeling is best furthered by the patriarchal system, by a police system, or by free competition, it is scarcely possible to say. It may, however, be affirmed that it depends upon a mutual and continued denial of self not easy to attain.

mands that the authorities shall protect, especially, the weaker party. (Grundlehre der Staatswirthschaft, 1792, 700.) In Prussian legislation, the Silesian rescript of March 13, 1809, is the beginning of the new order of things. (Rabe, Samml. preuss. Gesetze, X, 59 ff.) The Obertribunal, or high court, decided, in 1874, that the bringing back of absconding servants by the police, which the law concerning servants of 1810 provided for, should not be allowed to occur any more.

11 Ordinance of the elector of Saxony of 1766, prohibiting the inhabitants of cities to take an apprentice from among the peasantry, unless he had served at least four years as a farm hand, beginning with his fourteenth year. Similarly, in Prussia in 1781.

12 In Berlin, even before the "populationistischen" period: Fidicin, Histor. diplom. Beiträge zur Gesch. der Stadt Berlin, I, 101. (From the year 1397.)

13 I Peter, 2, 18 ff.; I Timoth., 6, 12; Ephes., 6, 5; Philem., 15 ff.

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