in all societies, though the degree and nature of] be remarked that, slave and master being correlathe dependence will vary materially with times, tive terms, the one cannot be employed to define circumstances, the character of the service re- the other, or the relation between them: that the quired, and the conditions under which it is per-degree to which the slave was subject to the formed. In the savage state the woman and the power of his master fluctuated with times and wife is the dependent, the performer of service, nations, for, though Caius strongly asserts that the slave. When the service is temporary and in all nations masters have possessed the power implies no further dependence after its perform- of life and death over their slaves ;"* yet in the ance on the part of the agent, and no further next section he observes that their power in this, right to command or direct on the part of the as in other respects, was restrained by a Constiperson for whom it is done, the political relation tution of Antonine's, which restriction is conof master and slave does not subsist-and in- firmed by the testimony of Ulpian,† by the earstances of such service, by which the character lier rescript of Hadrian and the later one of Conof independence is not forfeited, are of daily oc- stantine: and at Athens a slave was authorized currence in all communities, and in all stages of by law to purchase his liberty; or, if badly treatcivilization. It matters not whether the service ed, he had a legal remedy, and might compel his specified be of long or short duration, so that it master to sell him. We may observe further be definite, or can be rendered definite, by the that in some cases, as of serfs attached to the act or stipulation of the party rendering it, and soil, the master had no power to sell him except entails no obligation beyond the agreement or as appurtenant to the land, that the rescript of after its fulfilment. But when the service is un- Antonine prevented an absolute disposition of defined and continuous, and incapable of limita- the person of a slave: that the laws of Athens tion by the will of the servant, expressed either permitted slaves to retain their gains, and allowbeforehand, or during its continuance, then the ed them to hire their own time from their own relation is fully established, and carries with it masters,§ as is so commonly done in our own those social and political consequences which re- day throughout the Southern States. Thus the sult from it. Circumstances, and degrees of civ- definition of Domat is not of universal applicailization, the comparative density and the propor- tion, and consequently not a correct definition of tious of the population, the amount and the distri- the status of slavery; for in estimating the truth bution of capital, may vary the forms in which this of Aristotle's remark, we must not consider the dependence is exhibited, the names by which it institution as it existed at one particular time, or is known, and the modes by which it is enforced. in one particular community, but in its essential But, wherever it can be enforced by law, it is and universal characteristics. Domat's definitermed slavery—if enforced by custom, and the tion is not true even for any considerable period irresistible control of circumstances, it may be of Roman history. In the South, the limitations, called merely service,—but in its real essence, it which were imposed by the laws of Athens, and is no less continuous, involuntary, and unlimited Rome, exist either by law or custom. We think, dependence, consequently no less slavery. therefore, that the more accurate view of slavery We consider this definition of Slavery to be is to regard it as continuous and involuntary demore consonant with truth, history, and the phe-pendence and service, leaving the degree of denomena of society, than that given by the Civil-pendence and its form, and the character and ians, and those writers who have either directly extent of the service undefined, as these vary or indirectly adopted their views. "The Slave," with the varying moods of masters, and the flucsays Domat, "is one who is under the power of tuating conditions of society. a master and belongs to him: so that his master As this dependence. accompanied with sermay sell him, and dispose of his person, his in- vice, exists, and must exist, in a very consideradustry, and the fruits of his labour, without his ble degree under the forms of civilized or semihaving the power to make anything, have any- civilized society, we may consider it a necessary thing, or acquire anything which shall not belong consequence of social organization (or may to his master." But on this definition it may even go further, and with Aristotle regard it as * See Dew. Essay on Slavery, p. 30-33. "L'esclave est celuy qui est sous la puissance d'un maître, et qui luy appartient: de sorte que le maître peut le vendre, et disposer de sa personne, de son industrie, de son travail, sans qu'il puisse rien faire, rien avoir, ni rien acquérir, qui ne soît à son maître."-Domat, Les Loix Civiles. Liv. Prél. Tit. ii. Sect. ii, § 1. The authorities citied are i. Inst. Tit. iii. ii. Inst. Tit. ix, §3. i. Dig. v. §§ 4, 5. i. Dig. vi. §1. * Caius i. Inst. ap. i. Dig. Tit. vi. §1. + Ulpian, viii. De. Off. Procons. ap. i. Dig. Tit. vi. §2. Sam. Petitus. De Legibus Atticis. lib. ii. Tit. v, vi. p. 258-9. Ed. Wesseling. On the authority of Plutarch, Pollux, Aristophanes, Eupolis, and Plautus. Petit. De Legibus Atticis. lib. ii. Tit. vi, p. 259. On the authority of Xenophon, Suidas, and Ammonius. ges of social and material progress, we may conclude it to be natural and just during those stages, under the same limitation as before. The first point then to be decided is whether Slavery is condemned by the Law of Revela a necessary constituent thereof)*—and as this is tingencies widely differing from those by which admitted to be natural, we may consider its they may have been suggested. The hypocrite consequence to be consonant with the laws of may delude others, and in the end perhaps himnature. The only mode of determining what is self, by violent and illogical deductions from natural. and what unnatural in Social and Po-scriptural premises, which are either not applilitical Philosophy, is to discover what things are cable, or do not sustain his conclusions. But habitually attached to Political or Social Organi- the only efficient or trustworthy mode of procezation, in the various stages of its development, dure is by reference to history, and by legitimate but most especially in its highest forms.‡ Care- induction from the facts which human experiful induction is our only safe guide, for in this ence may offer. If from these we learn that department of science, more perhaps than in Slavery has been in one form or other the uniany other, it is foolish and unsafe to trust to rea-versal concomitant of social organization, we ing a priori. Yet it may frequently happen that may conceive it to be natural and necessary; what is incident uniformly to a particular phase and if natural, then just, provided no revealed of society may not be necessary, and hence not law condemns it. If from these sources we learn exhibited, in connection with other degrees of that it has been uniformly incident to certain staprogress. It will not therefore be unnatural when existing in due season, and in its orderly dependence upon contemporaneous phenomena. For the ultimate and highest perfection is natural; but so also are the habitual and necessary means by which that perfection is attained. tion. We shall not dwell upon this, because we Again, the only means of determining what is conceive it to have been clearly and exclusively consonant with justice, or discordant from it, in settled in the negative by the writings of Bishop human affairs, is to follow the light of revelation England, Dr. Cartwright, Gen. Jamison, and Dr. wherever it may be vouchsafed; but when that Fuller. But we will only allude to the fact that light may fail us, to discover from history and Abraham, Isaac, and Jacob, and the rest of the the uniform experience of mankind, what is of Patriarchs were large slave-owners; and that the habitual recurrence under each form of social text of the Mosaic Law both recognizes Slavery, growth. For whatever is of habitual occurrence and defines the circumstances, conditions and in the development of nations, is so in obedience preliminary formulas of perpetual bondage. to the natural springs of human actions, and the And we will further affirm that no prohibition, controlling operation of the laws of human na- direct or indirect, expressed or implied, is conture; and whatever is natural is just, except in tained either in the language or tenor of the those cases where the dictates of natural instinet Christian dispensation. It may be expedient also are clearly rebuked by the higher law of divine to quote the passage already forcibly cited by revelation. But there is no valid method of de- Gen. Jamison in Simm's Monthly Magazine, tecting a priori, except in those cases where this more especially as it has not been fully employed limitation is applicable, what is necessary, what by Mr. Dew, "Let as many servants as are under natural, and what just in the constitution of so- the yoke count their own masters worthy of all cieties. The fanatic may mistake for the laws honour, that the name of God and his doctrine of nature the suggestions of his own blind pas-be not blasphemed. And they that have besions, and may assume as the immutable canons of right and wrong the hallucinations of his own diseased mind. Even where there is not the excuse of bigotry for error, our ordinary and familiar associations, the individual fantasies begotten by the casual circumstances of the day. will be regarded as the adequate canons of all social organization, and the test of times or con lieving masters, let them not despise them, because they are brethren; but rather do them service, because they are faithful and beloved, partakers of the benefit. These things teach and exhort, If any man teach otherwise, and consent not to wholesome words, even the words of our Lord Jesus Christ, and to the doctrine which is according to Godliness, he is proud, knowing nothing, but doting about questions and strifes of words, whereof cometh envy, strife, railings, evil * Omnis civitas ex domibus et familiis componitur. Domus porro partes sunt ex quibus domus constituitur. At domus perfecta atque integra ex servis et liberis con- surmisings, perverse disputings of men of corrupt stat. Aristot. Pol. lib. i, c. iii, p. 1253. minds and destitute of the truth, supposing that Aristot. Pol. lib. i, c. ii, p. 1252—3. cf. Fred. Schle-gain is godliness; from such withdraw thyself!”† gel. Phil. Hist. Lieber. Polit: Ethics. Encyclopædia Metropolitana. Art. Law, p. 712. Quale errim quidque est ortu ejus absoluto atque perfecto, hanc cujusque naturam esse dicimus Aristot. Pol. 1.b. i, c. ii, p. 1252. *Exod. xxii. 1-6. Dew. Essay on Slavery, p. 19-20. p. 93–94. +1 Timothy vi. 1-5. Mr. Dew omits the verses in Italics, p. 94. Middle Ages did not take place until the dominant class distinctly perceived the benefit that would result to themselves; and it has been repeatedly proved‡ that West India emancipation was not obtained so much by the labors of the deluded philanthropists, who desired "to buy an abstract idea for an ugly black wench," as by those who sacrificed the sincerity o' their souls at the shrine o' East Indian Sugar."§ This is not merely a recognition, without blame, | malignant fanaticism could venture to press of the practice of Slavery, but the strongest either the propriety or the policy of emancipation. possible reprobation of Abolitionism, and its If, then, Revelation does not prohibit the Instivarious motives. And to prevent the possi-tution of Slavery, as seems apparent, we are left bility of misapprehension, let it be noted that to the examinations of history for the basis of the words which in our version are rendered our inductions. We have already shown those "servants" and "do service," are in the original phenomena in society, which during all its phases, "slaves" and "serve as a slave."* Nay more, divided into two classes, the protecting or emlet us not overlook the remarks of Dr. Bloom- ploying, and the dependent or labouring, and field on the former phrase, himself certainly not now, instead of running over the tedious enumeto be suspected of any leaning towards slavery. ration of nations among whom Slavery, as ordi"The Commentators," says he, "are not suffi-narily understood, has prevailed during certain ciently aware of the strength of this expression, in stages of their development,* we would simply which there is a blending of two expressious, to ask what people can be mentioned, of whom we put the case in its strongest point of view, (sup- have any accurate knowledge, among whom it posing even the hardest bondage,) in order to has not existed as long as it was deemed profitmake the injunction to obedience more forcible. "table. Amongst all it has prevailed, and usualBut Dr. Bloomfield, and others with him,‡ believe ly as long as it was thought advantageous to the that the "spirit of this Gospel is obviously adverse masters. The emancipation of the serfs of the to slavery." We think that this is rather a deduction from the history of Christianity in the Middle Ages, than warranted by the text of the New Testament. The spirit of the Gospel is certainly adverse to the restriction of the free action of others, when such freedom may enure to their benefit, without compromising higher and more general advantages to the social state. This result was generally anticipated at the time when the serfs were gradually liberated,§ in the Middle Ages, and The universal experience of mankind, except the result verified, at least for many generations, perhaps amongst a few tribes who have never the anticipation:—and it might readily do so, risen above the dead level of savage life-and for the slave and his master were sprung from among whom women are the substitutes for other the same great race; they possessed the same slaves-proves that Slavery has been a habit physical, mental, and moral capacities; and, of and a necessity during some portion, and that the the two, the slave was perhaps better adapted longest of their career. This universality of the for the enjoyment and improvement of the ad- habit proves the institution to be natural, and, as vantages of freedom and orderly social union. Revelation holds forth no prohibition, to be also But how can this be applied to wild and uncivi- just. lized races ?-and how can it be applied to the This is an ample justification of Slavery, as it African slave? No further than this: that when exists among ourselves—and it is a justification the African is prepared to take advantage of and above and beyond those which have hitherto been improve by our modern civilization, if manumit-adduced by writers on this subject. But we will ted, then it would be contrary to the spirit of the go further, and having established this point, we Gospel to prolong the state of servitude. That will now examine the difference between the rethis time has not yet come may be abundantly lation of "master and servant," and that of proved by the history of Hayti; and the results of emancipation in the British West Indies, which have happened subsequently to the composition of Mr. Dew's Essay on Slavery, but abundantly confirm his positions and anticipation. With the failure of England so distinctly exemplified in the West India Colonies, nothing but "master and slave ;" and, if we find the difference to exist rather in language than in essence, we shall without hesitation consider the position of Aristotle to be correct in all its generality. The acknowledged dependence of the servant upon his master, and the labourer upon his employer, is certainly less in the present age than in any anterior period of the world. As we go *This has been done by Mr. Dew. Essay, p. 7-23. + Dew. Essay p. 112. Gov. Hammond's Letters to Clarkson, and London Hogg, apud Noctes Ambrosianæ, No. xxvii. back in the history of this relation the degree of things which may minister to mental contentservility increases until it appears under the form ment as an equipoise for the necessities of his of serfdom. Taking, therefore, this relation as physical existence. The cravings of hunger it exists in our own times, we will examine into must be satisfied, before there is room for mental the nature, degree, and character of the depend- or moral enjoyments. ence; and, while we admit that in many instances Neque enim cantare sub antro and in many occupations, the dependence is casPierio, thyrsumve potest contingere sana ual, precarious, and transient, and therefore can- Paupertas atque æris inops, quo nocte dieque not be said to fall under this category, yet if we Corpus eget, satur est, cum dicit Horatius, Evæ! find that in the majority of common employments, But, with the exception of the name, the difthe dependence is still so stringent and continu- ference is an unfavorable one in all those respects ous as to prevent freedom of choice and action, in which free labour, (when reduced by density of we shall conclude that the relation is a necessary population to that condition in which we are now incident of all social union and progress-that it contemplating it,) differs from slavery. There is natural, and in its essence identical with what are certain privileges of a freeman which the free is specifically termed Slavery. labourer may exercise-but their enjoyment is futile when all his anxiety is for bread, and may frequently prove pernicious to his best interests, and even to the existence of the community. But his service is not for life, consequently he has no claim for sustenance in old age and sickness; In all thickly settled and highly civilized communities of our own day, the statistics of labour, the reports of Poor-law Commissioners, and the condition of both town and country, show that a bare and coarse subsistence is all that can be acquired by diligent but unskilled industry-that or for any extra allowance to support his family; even this is precarious, and dependent in a great or for medicine, medical attendance, and necesmeasure on the good-will of the employers-that sary luxuries, in case of the sickness of himself, the service of the labourer is protracted as long as it his wife, or his children; he can obtain no assistsuits the interest or inclination of the employer, in ance for the maintenance and education of his consequence of the uncertainty, difficulty, and children in infancy and youth; and he receives usually the impossibility of obtaining employment nothing but the scanty pittance in exchange for elsewhere, except on the recommendation of the his individual labour while in health, which is last person in whose service he may have been. rigidly limited to a quid pro quo-but the quid This result is due to the pressure of population, the is almost universally smaller than the quo. The consequent competition of labour, the need of service is limited by the interests or will of his capital, the dependence of industry upon capital, employer; consequently inability to work, from and the radical antagonism of capital and labour. age, accident, or disease, stops his means of supSuch must be the result until the laws of nature, port with his employment. But, unless he acby which these things are regulated, are altered. cepts the option of prospective and speedy starBut whatever the cause may be, the consequence vation, it cannot be limited by his own free will. is that in all densely crowded societies his de- It is definite, and for a definite return; consependence is absolute in reality, however lax in quently the extension between master and sertheory;-continuous from the labourer's inability vant extends no further than the performance of to obtain his means of support, except by the the task and the payment of the price, and procontinuance of his labour at the will of another;-duces none of those mutual claims on the affecand virtually without the power of prescribing tion of both parties, which arise from the permathe conditions, the term, or the rewards of ser-nent and acknowledged relation of slavery. It vice. It is true, that an option is nominally left; is incapable of protection by law beyond the but the only alternative is certain starvation; legal and expensive enforcement of contracts exand it would be mockery to balance the idle pos-pressed or implied-in which the advantage is sibility of choice against the strong moral coer- necessarily on the side of the capitalist. Thus, cion, which is habitually but silently exercised on while the dependence is equally rigorous in the one the other side. In what respect, then, does such case as in the other, on the employers as a class, if free service differ from servile labour? In name not as individuals, the advantages of free service as certainly and in general apprehension. We will far as concerns the comfort, the health, and the not underrate the importance of this difference, life of the labourer, are infinitely fewer than those for man is a moral and intellectual being, and of Slavery, while the disadvantages are both more more than half his enjoyments, his happiness, grievous and more numerous. The essence is in and his misery, springs from his feelings, his both cases the same, being necessary, continuous tastes, and his imaginations. But when the ques-dependence, without freedom of choice or action, tion is between subsistence and starvation, be- and hence we may conclude that whether we tween life and death; it were vain to regard those call the labourer in this condition of society, a servant or a slave, notwithstanding the slight dif- of affairs the competition is between the capitalists ference in name and apprehension, the relation or employers, and not the labourers. As long as is the same, and hence we may further conclude the two classes are so situated, there is an equipoise that the relation of master and slave, in its dou- of dependence and the labourer can hardly be termble significance, is necessary, natural, and just. ed a servant, in the ordinary acceptation of the So apparent has this coincidence become, and term, because his service is in some degree volso preferable does avowed Slavery appear to be untary and limited in time, mode, remuneration, to the pretended liberty, but more galling thral- &c., by his own choice. But this is merely the dom of free service, that a writer of some repu- anomalous phase of a transition state of society, tation in England has pointed to some form of and cannot be of long continuance where civiliSlavery as the necessary and desirable result of zation is progressive. The free vent for superthe Factory System.* fluous energy and labour afforded by the States But it may be said that we have confined our and Territories of the West and the singularly attention to the two extremes, and that, though rapid increase of labour-employing capital at the these may meet and lose themselves in each North, has retarded and still modifies the developother, yet there may be some intermediate con- ment of the relation of master and servant. Itstill dition which is entirely different in its character. continues less stringent than in dense populations It appears to us impossible to point to any in- and older communities, but at no time has it been termediate phase, which does not incline to wholly non-existent, and it must continue to adone or other extreme, and does not partake of vance both in stringency and extent. The rapid the same common essence. There are, indeed, material progress of the North has prematurely anstages in the history of this relation, when the ticipated the ordinary stages of social growth and general appearance and effects vary widely from expansion, and the relation, however it may be the characteristics which we have described: denied in words or conceded in expression, is daily but they are not of a permanent character, and becoming more palpable and grievous, and hurrynecessarily change with the increase of wealth ing onwards by an irresistible but fatal velocity and population until they assume the form of to that condition in which it is found in England, the latter extreme. In regard to these phases, it France, and Germany. We are bound to look is only necessary to say, that so long as Slavery is not necessary, it is not natural, consequently not just, but that by the development of the necessity with the progress or retrogression of society, the justice of the institution is restored to it. This varying character of justice with the change of circumstances is no novel doctrine, but has been familiar to moralists of every age, and may be found clearly developed in the Coufessions of St. Augustine. to the inevitable result, to the stationary and permanent condition which must ultimately be attained, and not at the deceptive and chameleon hues which the relation may assume in its changing course. The pauperism of New York and Boston, already nearly, if not quite, equalling that of London, shows that, notwithstanding the republican Constitution of the United States, the free service of the North must ultimately, and at no distant day, put on the same aspect, by which It may be objected that in our own Country-it is characterized in Europe. This premature in the Free States of the North and West-the servility and national exhaustion is guarded against relation does not subsist under either of the forms at the South by the existence of Slave labour, which we have described, and that no relation which by confining the attention of the inhabiexist there under the name of master and servant. tants principally to agricultural pursuits, averts The absence of the name is no evidence of the ab- too great density of population, and prevents the sence of the reality. Squeamishness, ignorance, premature accumulation of circulating capital, folly, and presumption may ignore the name, but and thus retards, if it does not rather, as long as nature can be expelled with no such fork. It is it exists, render impossible that terrible death true that the phenomena of service and de- struggle, the contest between capital and labour. pendence are very different in those States from Wherever Slavery exists. the labour of the counthose which have been exhibited in the history try constitutes a large proportion of its capital, of other times and countries with which we are and thus this competition is almost a contradicfamiliar. But this is due rather to present differ- tion in terms until the greed of gain, and the hope ences of circumstances, than to any real differ- of large rewards and more rapid returns, may ence of either government or institutions. When induce the owners of labour to divert their labour is scarce, either absolutely or relatively to capital from this investment, and then commences capital, it can within certain limits regulate the at once the antagonism of labour and capital conditions of its service, because in this posture with all its funereal train of ulterior consequen* W. Cooke Taylor, Nat. Hist. of Society. We quote ces. Should this policy be ever generally adopthowever, from indistinct recollection. ed at the South, its people, like the inhabitants |