Puffendorff says, that slavery has been established "by the free consent
of the opposing parties." I will believe Puffendorff, when he shows me
the original contract.
Grotius inquires, whether a man who is taken captive in war has a right
to escape; and it is to be remarked, that he speaks not of a prisoner on
his parole of honor. He decides, that he has no such right; which is
about as much as to say that a wounded man has no right to get cured.
Nature decides against Grotius.
Attend to the following observations of the author of the "Spirit of
Laws," after painting negro slavery with the pencil of Molière:
"Mr. Perry says that the Moscovites sell themselves readily; I can
guess the reason--their liberty is worth nothing."
Captain John Perry, an Englishman, who wrote an account of the state of
Russia in 1714, says nothing of that which the "Spirit of Laws" makes
him say. Perry contains a few lines only on the subject of Russian
bondage, which are as follows: "The czar has ordered that, throughout
his states, in future, no one is to be called '_golup_' or slave; but
only '_raab_,' which signifies subject. However, the people derive no
real advantage from this order, being still in reality slaves."
The author of the "Spirit of Laws" adds, that according to Captain
Dampier, "everybody sells himself in the kingdom of Achem." This would
be a singular species of commerce, and I have seen nothing in the
"Voyage" of Dampier which conveys such a notion. It is a pity that a man
so replete with wit should hazard so many crudities, and so frequently
quote incorrectly.
SECTION IV.
_Serfs of the Body, Serfs of the Glebe, Mainmort, etc._
It is commonly asserted that there are no more slaves in France; that it
is the kingdom of the Franks, and that slave and Frank are contradictory
terms; that people are so free there that many financiers die worth more
than thirty millions of francs, acquired at the expense of the
descendants of the ancient Franks. Happy French nation to be thus free!
But how, in the meantime, is so much freedom compatible with so many
species of servitude, as for instance, that of the _mainmort_?
Many a fine lady at Paris, who sparkles in her box at the opera, is
ignorant that she descends from a family of Burgundy, the Bourbonnais,
Franche-Comté, Marche, or Auvergne, which family is still enslaved,
_mortaillable_ and _mainmortable_.
Of these slaves, some are obliged to work three days a week for the
lord, and others two. If they die without children, their wealth belongs
to the lord; if they leave children, the lord takes only the finest
cattle and, according to more than one custom, the most valuable
movables. According to other customs, if the son of a _mainmortable_
slave visits not the house of his father within a year and a day from
his death, he loses all his father's property, yet still remains a
slave; that is to say, whatever wealth he may acquire by his industry,
becomes at his death the property of the lord.