The Atlantic Monthly, Volume 03, No. 17, March, 1859: A Magazine of Literature, Art, and PoliticsVarious
History
The Atlantic Monthly, Volume 03, No. 17, March, 1859: A Magazine of Literature, Art, and Politics
Various
American periodicals
First, then, as to the principle of Right. It is a fact, that most
tribes and races, probably all nations in their earliest days,
have killed old and useless parents, and have eaten enemies, once
slain,--perhaps friends, too. Some nations carried the eating of human
flesh far down into their civilized periods and into recent times. The
Spaniards found the civilized Aztecs enjoying their _petits soupers_
of babes _à la Tartare_, or gorgeous dinners on fattened heroes _aux
truffes_. Have you forgotten that from that fine Introduction to
Prescott's "Conquest of Mexico" a flavor of roast "long pig" steams into
our nostrils as from a royal kitchen? Eating our equals, therefore,
is sound Common Law of all mankind, even more so than slavery, for it
exists before slavery can be introduced. Slavery is introduced when the
prisoner of war may be made to work,--when the tilling of the soil has
commenced; though then not always; for we now know that slavery was
introduced among the Greeks at a comparatively late period: but killing
parents and eating enemies exists in the hunter's state, and at those
periods when people find it hard work to obtain food, each one for
himself, to keep even a starved body and a little bit of soul together.
Chewing our neighbor is even better, for it is older Common Law, than
the universal buying of a wife and consequent selling of daughters which
exists even now over far the greater portion of the globe. We take it
that our species began with eating itself without paying for the fare.
Partaking of our neighbor precedes all _lex scripta_, all statute law,
all constitutions. As to ourselves in particular, whose law is the
English law, we know that the Druids sacrificed human beings to their
gods; and every one knows full well, that man, when in gastronomic
contact with the gods, always appropriates the most savory morsels
and the largest portions of the sacrifice to himself, leaving to the
ethereal taste of Jove or Tezcatlipoca the smell of some burnt bones or
inwards. Yet there is no law on record abolishing human sacrifices. We
know, indeed, that some Teutonic tribes, when they adopted Christianity,
positively prohibited the eating of horse-flesh, but no law ever forbade
to honor our fathers and mothers by making them parts of our feasts; so
that no lawyer of the true sort will deny, that, to this day, the right
of sacrificing fellow-men, and the reasonable concomitant of eating the
better portion of the sacrifice, still exists. Greeks and Romans have
sacrificed men; why should not we? That men have their individual rights
is no valid objection. Rights depend exclusively upon the law; and the
law, we have shown, does not grant equal rights (at least, not equal
destinations) to the Eater and the Eatee; for it seems to be one thing
to eat, and another to be eaten. It was a very silly maxim of the
ancient Civil Law, That the law, the _regula_, is derived from the right
(_jus_), not the _jus_ from the law.
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