Page:The rise, progress, and phases of human slavery.djvu/31

 CHAPTER IV

INCREASE AND CONSOLIDATION OF SLAVERY.

Sanction given by Law and Public Opinion—Various Causes of Enslavement—Practices of Ancient Germans—Analogy in Modern Commercial and Funding Systems, and Expatriation of Irish Peasantry—Slavery among the Jews.

Having shown how human slavery originated in parental despotism, let us now inquire how positive laws came to consolidate and regulate it, and public opinion to consecrate and perpetuate it, till it had become the normal condition of some three-fourths of the human race antecedently to the period of Christ's advent. Here we shall again find history our safest guide. If the oldest traditions show, on the one hand, that slavery did not originate in human laws, but was the spontaneous growth of the natural subjection of children to parents, there is equally ample authority, on the other hand, to show that, once introduced, all the forces of law and opinion known to the ancients were unsparingly applied to propagate and maintain slavery in every pagan country.

While families remained apart from each other, without intercourse, without social relationship, slavery knew no other law than the will or pleasure of the head of each household. But when, in the progress of early civilization, the families congregated in any particular locality or country came to find it necessary to constitute themselves into one great society for the purposes of exchange or commerce, intermarrying, mutual defence against aggression, &c., the despotic will of individuals gave place, of necessity, to a general law of the heads of families composing the society. It was then, and not till then, that slavery became a legal institution. The general law not only sanctioned and enforced it, but also greatly enlarged its bounds by creating new sources of slavery. For example, to be taken prisoner in war, to take refuge in the house of another, to be unable to pay one's debts, or, if a girl, being married out of her family or tribe,—these were so many new sources of slavery created by the general law. The rights of war were made to confer upon the vanquisher the same rights over the vanquished that belonged to their own fathers. Indeed, amongst the ancients the vanquished were considered as "men without gods," that is to say, men without ancestors of rank or dignity (for, in the language of the primitive poets, the gods and the ancestors of great families are one and the same thing); and they were treated as mere chattels, as appears from the very name given, viz., mancipia, which, though the ordinary term applied to slaves taken in battle, is, in its etymological sense, applicable only to things inanimate. Whether it was from a religious scruple, or for the purpose of divesting the vanquished of what prestige might attach to