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Some have annexed this name to one form of government, in exclusion of others; those who had a republican taste applied it to this government; those who liked a monarchical state, gave it to monarchies. Thus, they all have applied the name of liberty to the government most conformable to their own customs and inclinations; and as in a republic, people have not so constant and so present a view of the inst.i.tutions they complain of, and likewise as the laws there seem to speak more, and the executors of the laws least, it is generally attributed to republics, and denied to monarchies. In fine, as in democracies, the people seem to do very near whatever they please, liberty has been placed in this sort of government, and the power of the people has been confounded with their liberty.
It is true, that in democracies the people seem to do what they please; but political liberty does not consist in an unrestrained freedom. In governments, that is, in societies directed by laws, liberty can consist only in the power of doing what we ought to will, and in not being constrained to do what we ought not to will.
We must have continually present to our minds the difference between independence and liberty. Liberty is a right of doing whatever the laws permit; and if a citizen could do what they forbid, he would no longer be possessed of liberty, because all his fellow citizens would have the same power."
BLACKSTONE on Liberty:
"The absolute right of man, considered as a free agent, endowed with discernment to know good from evil, and with power of choosing those measures which appear to him to be most desirable, are usually summed up in one general appellation, and denominated the natural liberty of mankind.
This natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature; being a right inherent in us by birth, and one of the gifts of G.o.d to man at his creation, when he endued him with the faculty of free will. But every man, when he enters into society, gives up a part of his natural liberty, as the price of so valuable a purchase; and, in consideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws which the community has thought proper to establish.
And this species of legal obedience and conformity is infinitely more desirable than that wild and savage liberty which is sacrificed to obtain it. For, no man that considers a moment, would wish to retain the absolute, uncontrolled power of doing what he pleases; the consequence of which is, that every other man would also have the same power; and then there would be no security to individuals in any of the enjoyments of life.
Political, therefore, or civil liberty, which is that of a member of society, is no other than natural liberty, so far restrained by human laws, (and no farther,) as is necessary and expedient for the general advantage of the public. Hence, we may collect that the law, which restrains a man from doing mischief to his fellow citizens, though it diminishes the natural, increases the civil liberty of mankind; but that every wanton and causeless restraint of the will of the subject, whether practiced by a monarch, a n.o.bility, or a popular a.s.sembly, is a degree of tyranny: nay, that even laws themselves, whether made with or without our consent, if they regulate and constrain our conduct in matters of mere indifference, without any good end in view, are regulations destructive of liberty; whereas, if any public advantage can arise from observing such precepts, the control of our private inclinations, in one or two particular points, will conduce to preserve our general freedom in others of more importance, by supporting that state of society which can alone secure our independence. Thus the statute of King Edward IV, which forbade the fine gentlemen of those times (under the degree of a lord) to wear pikes upon their shoes or boots of more than two inches in length, was a law that savored of oppression; because, however ridiculous the fas.h.i.+on then in use might appear, the restraining it by pecuniary penalties, could serve no purpose of common utility. But the statute of King Charles II, which prescribes a thing seemingly as indifferent, (a dress for the dead, who are all ordered to be buried in woollen,) is a law consistent with public liberty; for it encourages the staple trade, on which, in great measure, depends the universal good of the nation. So that laws, when prudently framed, are by no means subversive, but rather introductive of liberty; for, (as Mr. Locke has well observed,) where there is no law, there is no freedom. But then, on the other hand, that const.i.tution or frame of government--that system of laws, is alone calculated to maintain civil liberty, which leaves the subject entire master of his own conduct, except in those points wherein the public good requires some direction or restraint.
The idea and practice of this political or civil liberty, flourish in their highest vigor in those kingdoms where it falls little short of perfection, and can only be lost or destroyed by the folly or demerits of its owner: the legislature, and of course the laws of England, being peculiarly adapted to the preservation of this inestimable blessing even in the meanest subject.
Very different from the modern const.i.tutions of other States on the continent of Europe, and from the genius of the imperial law, which, in general, are calculated to vest an arbitrary and despotic power of controlling the actions of the subject, in the prince or in a few grandees. And this spirit of liberty is so deeply implanted in our const.i.tution, and rooted even in our very soil, that a slave, or a negro, the moment he lands in England, falls under the protection of the laws, and so far becomes a freeman, though the master's right to his service may possibly still continue.
Next to personal security, the law of England regards, a.s.serts and preserves the personal liberty of individuals. This personal liberty consists in the power of locomotion, of changing situation, or removing one's person to whatever place one's inclinations may direct, without imprisonment or restraint, unless by due course of law. Concerning which, we may make the same observations as upon the preceding article; that it is a right strictly natural; that the laws of England have never abridged it without sufficient cause; and, that in this kingdom, it can never be abridged at the mere discretion of the magistrate, without the explicit permission of the laws."
Now, let the reader examine and study these definitions of Liberty by Paley, Montesquieu and Blackstone, and he will see that they are in pursuit of an ignis fatuus that eludes their grasp. He will see more, that their liberty is a mere modification of slavery. That each of them proposes that degree of restraint, restriction and control, that will redound to the general good. That each is in pursuit of good government, not liberty. Government pre-supposes that liberty is surrendered as the price of security. The degree of government must depend on the moral and intellectual condition of those to be governed. Take, for instance, Blackstone's definition of civil liberty, and our negro slaves enjoy liberty, because the restrictions on their free will and free agency not only redound to public good, but are really necessary to the protection and government of themselves. We mean to involve ourselves in no such absurdities. Negroes, according to Blackstone, Paley and Montesquieu, although slaves, are free, because their liberty is only so far restricted as the public interest and their own good require. Our theory is, that they are not free, because G.o.d and nature, and the general good and their own good, intended them for slaves. They enjoy all the rights calculated to promote their own interests, or the public good. They are, at the South, well governed and well protected. These are the aims of all social inst.i.tutions, and of all governments. There can be no liberty where there is government; but there may be security for good government. This the slave has in the selfish interest of the master and in his domestic affection. The free laborer has no such securities. It is the interest of employers to kill them off as fast as possible; and they never fail to do it.
We do not mean to say that the negro slave enjoys liberty. But we do say that he is well and properly governed, so as best to promote his own good and that of society. We do mean to say further, that what we have quoted from these great authors, is all fudge and nonsense. Liberty is unattainable; and if attainable, not desirable.
Liberty of locomotion, which Blackstone boasts of as one of the rights of Englishmen, belongs to the ma.s.s of them less than to other people.
For five hundred years the poor laws have confined the poor to their parishes, denied them the right to bargain for their own wages, and as late as 1725, set them up in stalls and shambles for hire, like cattle.
Liberty in England, as in Rome and Greece, has been, and is now, the privilege of the few--not the right of the many. But in Rome, Greece, and the Southern States of America, the many have gained in protection what they lost in liberty. In England, the ma.s.ses have neither liberty nor protection. They are slaves without masters. This right of locomotion, of choosing or changing their domicil, is not only denied to the ma.s.s of the poor, but in all countries as well as in England, to wives, to children, to wards, apprentices, soldiers, sailors, convicts, lunatics and idiots. Take, then, this test of liberty, and how little of it is there in England! But, in fact, there is a very large nomadic cla.s.s of beggars, rogues, and journeymen workmen, who are always wandering, and yet, who are the most wretched members of society and its greatest pests. So much for locomotion.
Great as the difficulty is to determine what is Liberty, to ascertain and agree on what const.i.tutes Slavery is still greater. Slavery, in its technical form, has been almost universal, yet not exactly alike in all its circ.u.mstances and all its regulations in any two ages, or in any two countries. In very many ancient States, the power of life and death was vested in the master. In most countries, the slave cannot acquire or hold property legally. In all, he holds more or less by the permission.
In many, his legal right to separate property is protected by law. Even in Cuba, he can compel his master to emanc.i.p.ate him, upon offering an adequate price; and in some cases of irreconcilable disagreement, force his master to sell him to another master. It is remarkable at first view, that in Cuba, where the law attempts to secure mild treatment to the slave, he is inhumanly treated; and in Virginia, where there is scarce any law to protect him, he is very humanely governed and provided for. In Cuba, many of the slaves are savages, and do not elicit the domestic affection of the master, who sees in them little more than brutes. The master is, besides, often an absentee, and tho' overseers be far more humane than Irish rent-collectors, they have neither the interests nor feelings of resident masters. But the most efficient cause of cruelty and neglect, is the African slave trade, which makes it cheaper to buy than to rear slaves. In Virginia, the slaves have advanced much in morality, religion and intelligence, and their masters and mistresses, living on the farm with them, naturally become attached to them. Self-interest, however, is everywhere the strongest motive to human conduct. Negroes are immensely valuable, and increase rapidly in value and in numbers when well treated. The law of self-interest secures kind and humane treatment to Southern slaves. All the legislative ingenuity in the world will never enact so efficient a law in behalf of free laborers.
During the decline of the Roman Empire, slavery became colonial or praedial. The slaves occupied the place of tenants or serfs, were "adscripti soli," and could only be sold with the farm. Many antiquarians consider the colonial slavery of the Romans as the true origin of the feudal system. This kind of slavery was universal in Europe till a few centuries since, and now prevails to a great extent.
The serfs of Russia, Poland, Turkey, and Hungary, are happier and better provided for than the free laborers of Western Europe. They have homes, and lands to cultivate. They work but little, because their wants are few and simple. They are not over-worked and under-fed, as are the free laborers of Western Europe. Hence, they never rise in riots and insurrections, burn houses, commit strikes,--nor do they emigrate.
This form of slavery, however, makes the master an idle absentee, depriving the slaves of his guardians.h.i.+p, his government, and his protection. By throwing large ma.s.ses of the ignorant into exclusive a.s.sociation with each other, it promotes and increases ignorance, negligence and idleness. Men will not improve their condition who have no examples to emulate and no teachers to instruct. Were their farms conducted as ours of the South, the wealthy would have ample employment, and the slaves or serfs find in their masters examples, governors, teachers and protectors.
The right to sell one's children, or one's self, into slavery has been very common, and is now practiced in China. The ancient Germans used to even stake their liberty at games of hazard. This would never have been done, nor would the laws have permitted it, if the situation of the slave had been greatly inferior to that of the free. But how shall we cla.s.s wives, children, wards, apprentices, prisoners, soldiers and sailors? They are not free, because their personal liberty is controlled by the will of a superior; not by mere law. They are liable to confinement and punishment by their superiors, whose will stands in place of law as to them. They have no right of locomotion like that enjoyed by the free. They have no liberty secured by law;--they are not free. Are they, therefore, slaves?
Paley defines slavery to be, "An obligation to labor for the benefit of the master, without the contract or consent of the servant." The sick, the superannuated, the infirm, and the infant slaves are under no such obligation in theory or practice. The master is under an obligation, legally, theoretically and practically, to labor for them. Therefore, the master of twenty slaves is always a slave himself. If he be a good man, he is the happier for performing his duties as slave to those cla.s.ses of his slaves. But what becomes of that slavery of the ancients and of China, where the slave, by actual contract, sells himself? This is not slavery according to Paley.
The great and glaring defect, however, of Paley's definition is, that he omits the obligation on the master to provide for and protect the slave.
'Tis but half of a definition, and that half false. It does often happen that the _obligations_ of the master are more onerous than those of the slave. Yet Paley omits those obligations altogether. The slave, when capable to do so, must work for the master; but the master, at all times, must provide for the slave. If incapable of doing so, the law gives the slave a new master and protector. His situation is less honorable, but far more secure than that of the master. Definitions are perilous attempts. We never read one that a seventy-four with all sail set might not drive through. We shall define nothing ourselves, for we know that this is the business of Omnipotence, that alone knows "all things in heaven and on earth."
We proceed to examine the attempted definitions of Montesquieu and Blackstone. Blackstone objects to the right to sell one's self, that the consideration enures to the buyer. This may or may not be so, according to the laws of the State where the contract is made. It is not a necessary feature of slavery, and cannot fairly be employed as an objection to it. In fact, the slaves of the South, in their houses, gardens, fruit, vegetables, pigs and fowls, hold more property than the peasantry of Europe, and are far better secured in its possession by their masters, than that peasantry is by the law. He further objects, that in case of absolute slavery, not only the liberty, but the life of the slave is at the master's disposal. This objection is false and puerile. In no civilized country has the master the right to kill his slave.
The protection or support to which the slave is ent.i.tled, would be an ample consideration of itself for the sale of his liberty. A much larger one than the capitalists of Europe would be willing to give; for they all say that free labor is cheapest.
Montesquieu thus defines slavery:--"Slavery, properly so called, is the establishment of a right which gives to one man such a power over another, as renders him absolute master of his life and fortune." This is French liberty under the rule of the republican Bonapartes, and English liberty under Cromwell--not Southern slavery. France is always happy and prosperous with a master, and the ma.s.ses in England look back to the Protectorate with fond regret. These despots played the part of Southern masters. They forced the strong to support the weak, the rich to take care of the poor. The nations became two farms or families.
Western Europe will soon have to choose between domestic slavery and universal slavery.
Democracy and liberty are antagonistic; for liberty permits and encourages the weak to oppress the strong, whilst democracy proposes, so far as possible, to equalize advantages, by fairly dividing the burdens of life, and rigidly enforcing the performance of every social duty by every member of society, according to his capacity and ability.
CHAPTER IX.
PALEY ON EXPLOITATION.
Paley maintains, to its fullest extent, the doctrine of exploitation which we have endeavored to expound and ill.u.s.trate in the last three chapters. Yet, neither Paley nor any of his readers were ever aware of its tremendous consequences. It is only when those consequences are pointed out, that the mind revolts at the theory.
He saw and said, that capital paid labor nothing, yet discovered no iniquity in the transaction. He saw that labor produced every thing--capital nothing, and "all that the capitalist does is, to distribute what others produce." He should have added, after retaining the "lion's share" himself. Our whole theory is to be found in a single paragraph of Paley, and if there be nothing strange or monstrous in his theory, there can be nothing of the kind in ours; for our theories are identical. Chapter 2, Book 3d of his philosophy, under the head of "The treatment of our domestics and dependants," he employs the following language: "Another reflection of a like tendency with the former is, that our obligation to them is much greater than theirs to us. It is a mistake to suppose that the rich man maintains his servants, tradesmen, tenants and laborers: the truth is, they maintain him. It is their industry which supplies his table, furnishes his wardrobe, builds his houses, adorns his equipage, provides his amus.e.m.e.nts. It is not the estate, but the labor employed on it, that pays his rents. _All that he does is, to distribute what others produce; which is the least part of the business._" He should have added, "but far the most profitable part."
A few additional truths, and this paragraph of Paley's would be an admirable description of "Cannibals" above, and "Slaves without Masters," below.
His servants are obliged to work as our slaves, not for pay, but for an allowance out of the proceeds of their own labor. His employers, like our masters, only distribute something of their earnings to the laborers, giving them far less than masters give to slaves, retaining more to themselves--and hence "free labor is cheaper than slave labor."
But Paley did not comprehend what he wrote. We, aided by the Socialists, will try to make it understood by others.
Philosophy cannot justify the relation between the free laborer, and the idle, irresponsible employer. But, 'tis easy to justify that between master and slave. Their obligations are mutual and equal; and if the master will superintend and provide for the slave in sickness, in health, infancy and old age--if he will feed and clothe, and house him properly, guard his morals, and treat him kindly and humanely, he will make his slaves happy and profitable, and be himself a worthy, useful and conscientious man.
CHAPTER X.
OUR BEST WITNESSES AND MASTERS IN THE ART OF WAR.
I think few worth d.a.m.nation, save their kings; And these but as a kind of quit-rent, to a.s.sert my right as lord.
VISION OF JUDGMENT.
We intend this chapter as our trump card, and have kept it in reserve, because it is rash to "lead trumps." We could produce a cloud of witnesses, but should only protract the trial thereby. We call into court Horace Greely, Wm. Goodell, Gerrit Smith, Wm. Lloyd Garrison, and Stephen Pearle Andrews, and propose to prove by them (the actual leaders and faithful exponents of abolition,) that their object, and that of their entire party, is not only to abolish Southern slavery, but to abolish also, or greatly to modify, the relations of husband and wife, parent and child, the inst.i.tution of private property of all kinds, but especially separate owners.h.i.+p of lands, and the inst.i.tution of Christian churches as now existing in America. We further charge, that whilst actively engaged in attempts to abolish Southern slavery, they are busy, with equal activity and more promise of success, in attempts to upset and re-organize society at the North.
In convening these gentlemen as witnesses, and also arraigning them on trial, we are actuated by no feelings of personal ill-will or disrespect. We admire them all, and have had kindly intercourse and correspondence with some of them. They are historical characters, who would seek notoriety in order to further their schemes of setting the world to rights. We have no doubt of their sincere philanthropy, and as little doubt, that they are only "paving h.e.l.l with good intentions."
We speak figuratively. We shall try their cause in the most calm and judicial temper. We would address each of them in language borrowed from Lord Byron:
Why, My good old friend, for such I deem you, Though our different parties make us fight so shy, I ne'er mistake you for a _personal_ foe; Our difference is political, and I Trust that whatever may occur, You know my great respect for you, and this Makes me regret whatever you do amiss.
Indeed, we should be ungrateful and discourteous in the extreme, if we did not entertain kindly remembrance and make gentlemanly return for the generous reception and treatment we received, especially from leading abolitionists, when we went north to personate Satan by defending Slavery. Though none agreed with us, none were made converts by us:
Yet still between his darkness and his brightness, There pa.s.sed a mutual glance of great politeness.
We will first call Mr. Wm. Goodell to the stand. His position as one of the most active leaders of the Gerrit Smith or Syracuse wing of abolition, would ent.i.tle his admissions and a.s.sertions of the failure of his own society to the greatest credence, since such admissions and a.s.sertions weaken his a.s.saults on the South, and must be reluctantly drawn from him; but, independent of his peculiar position, his high character as a man, and his distinction as an author, should enlist attention and command respect for what he says. In his Democracy of Christianity, vol. 2d, page 197, he thus writes:
"And what is this pride of wealth, after all, growing up into the aristocracy of wealth, the usurpations of wealth, the oppressions of wealth, grinding the ma.s.ses of humanity into the dust to-day, throughout our modern Christendom, in the middle of our nineteenth century civilization and progress, with a hoof more flinty, more swinish, and MORE MURDEROUS (capitals ours) than that of semi-barbarous feudalism in its bloodiest days."