masters and slaves were of the same color, lineage and language, the united action of these causes, excited by the progression of events, and operating with different degrees of effect, sufficed, at length, to change the character of the relation of labor to capital in England. The first three of these causes, though distinct in their nature, were yet so blended in their operation, that they may well be considered together. The civil disturbances occasioned by the contests between rival candidates for royal power, and by the extension of the pretensions of the Commons to political importance, produced a necessity for soldiers, and, as the military strength could be recruited, when troops were wanted in any numbers, only from the laboring classes, the effect was to liberate many slaves by their becoming soldiers, They were not bound to any military service, except upon condition of liberty, and as their military services were required, at every cost, many, doubtless, took advantage of the opportunity. But the unsettled state of the country, especially during the long and bloody wars of the White and Red Roses, contributed far more in an indirect, than in a direct manner, to enable the villeins to effect their emancipation. It had early been established, in favor of commerce, that if a villein escaped into a borough town, and remained a whole year, he was to be free, and the same privilege was allowed to a residence, for that length of time, upon any of the king's demesnes. The same effect was produced by many acts, or even negligences, of the lord; such as permitting the slave to sue in any court, or to answer without his lord when sued, suffering him to be a juror, or other such acts, amounting, in the view of the law, to a tacit admission of the right to freedom. Although this rule was, most probably, founded rather in the technical rules of pleading, and the arbitrary doctrine of estoppal, introduced by the Norman lawyers, than in any disposition to favor manumission, yet, by its means, the process of emancipation was greatly expedited. The lords being compelled, by the commotions in the country, to be often absent in the wars, could not prevent their villeins from taking advantage of these provisions of the law, and effecting their manumission by secreting themselves, for the prescribed length of time, within some city. "It appears, by the lately printed rolls of Parliament," says Mr. Barrington, "that about the first year of Henry IV. many of the natives left the manors and demesnes of their lords, and took refuge in the trading towns whence the lords could not claim them, on account of their charters and privileges." That the idea that the religion of Jesus Christ required from its professors the manumission of their slaves, contributed to effect this great change, in the condition of the lower classes is unquestionably true, but we think an undue degree of influence has hitherto been attributed to it. Mr. Macaulay even indicates this opinion as the chief agent, but it is probable that it was far less powerful than others which combined with it in producing the same result. So far from its being true, as Mr. Macaulay asserts, that the Christianity of Rome was peculiarly disposed to effect this end, it has been expressly asserted that the motion was originally propagated by Wycliffe and his followers, *Mirror of Justices, Cap. 2, sec. 28. Observations on the Ancient Statutes, p. 232, Dublin, 1767. charity, can be construed as denying the right of property. But it is certain that the belief in the unlawfulness of the institution did eventually prevail, and it is probable that this belief, arising, we believe, about the beginning of the fourteenth century, exerted some influence in the emancipation of the English villeins. This influence, however, was temporary and limited, being founded upon the fanatical excess of a reform, regarded by the church as heretical, and by the State as treasonable; and, whoever regards the result as having been mainly brought about through its agency, would find it difficult to sustain his opinion by satisfactory testimony. The chief cause of that result was not, in our opinion, religion, nor in any way connected with moral causes influencing the minds of men, but is to be found in the inherent nature of the Feudal Law. and, beyond question, it did not operate to any extent until the appearance of that reformer. That slavery was not "peculiarly odious" to the Romish Church of the middle ages, has been conclusively demonstrated by Mr. Fletcher, and, is moreover, a fact so notorious, that it hardly required a demonstration. Very early indeed in the history of the island, it had been customary for masters occasionally to manumit their slaves, from a belief that it would be meritorious in the sight of God. Camden relates, that when Wilfred, of York, proclaimed Christianity, for the first time, to his vassals living on the island of Celsey, in the County of Sussex, he enfranchised two hundred and fifty of them; Mr. Turner mentions the fact, that it was not unfrequent, even among the Saxons, for masters to bequeath freedom to their slaves from motives of charity; but, not until the appearance of Wyckliffe, and the The institution of Feudalism in political agitators contemporary England is generally regarded as with him, does it seem ever to have having been productive only of entered any one's mind, far less to unmixed evil, but we are decidedly have been taught as a doctrine of convinced, that to its introduction the church, that holding slaves was is properly to be attributed, if not unlawful. Emancipation was in the abolition of slavery, at least deed regarded as a humane and the precipitation of that event. merciful act, but merely because it The progress of society, the diswas a sacrifice of right for the semination of information among benefit of another; the bequest of a people as capable as the English, freedom was regarded as an act of even though slaves, and the invengrace, not of justice, on the part of tion of those financial agencies, the masters, entitling him to the whereby capital is enabled to comlasting gratitude of the slave; and mand labour without undertaking the practice of obedience to this to provide a permanent sustenance imperfect obligation of voluntary for the labourer, would inevitably, humanity, can no more be consid- in the course of time, have deered a legitimate proof that slavery stroyed a slavery not founded upon was then regarded as prohibited any distinction of colour, race or by christianity, than the practice, language; yet, but for the coming in our day, of giving alms in of the Normans, that event might *Fletcher on Slavery, Study iv. "I cannot, however, but think," says Mr. Barrington, to whose curious and laborious research we are greatly indebted, "that neither the Christian religion nor the Common Law, ever inculcated or established such a tenet." have been delayed for centuries. without the intervention of law, The Feudal Law, however, intro- and without even the exact date of duced by them, bearing in itself, the change being known. If the from its very oppressiveness, the slave-holders had been men of elements of eventual and certain small property, living on their decay, incorporated into its own lands and personally superintendsystem the institution of slavery, ing the labour of their respective and involved in it the fate which slaves, thus preserving the characawaited itself. From the begin- ter of the relation as personal, and ning the patriarchal character of not a mere incident to the possesthe relations under the Saxons was sion of the soil, it is not in the changed. Instead of the land being least probable that this result could held by small farmers, each person- have been accomplished without ally directing the labour of his own much excitement, turbulence and slaves, the whole kingdom was di- bloodshed. As it was, the hand vided among a few nobles, who of time gently dissolved the ties permitted their lands to be tilled which connects master and slave, by their slaves without their per- already greatly weakened by the sonal supervision. Almost con- want of personal communication stantly absent from their estates, and the absence of common intereither at Court, or on the Conti- ests; and so, gradually and silently, nent, engaged in the French wars, without disturbance, without viothey required the attendance of lence, without attracting the nofew personal slaves; the villeins in tice, far less exciting the resistance gross were, for the most part, trans- of any, by an euthanasy so gentle formed into villeins regardant; the that the exact period of its expiraservices of the latter class were tion cannot be determined, the allowed to be discharged by the institution of slavery became expayment of rent in kind; gradually tinct in England. they came to be regarded rather as tenants than as serfs attached to the soil; the connection between them and the land was gently dissolved by the lapse of time they acquired a prescriptive right to personal freedom, and thus by easy, though slow processes, the right whereby they held their lands, became entangled into hat tenancy known in the Common Law as copyhold. It mattered little to the lord who received his rents regularly, whether he received them in the capacity of landlord or master; reduced oftentimes to positive want, he was frequently willing to follow the example set by Edward III. and allow his vassals to purchase their nominal freedom, still remaining on the land as tenants; and thus the great mass of the slaves were silently emancipated From Here we close our task. the beginning of the reign of James I. we hear no more of villenage, although it has never, even to this day, been legally abolished. hundred years later, after a protracted struggle, with various success, the people of England were firmly established in the possession of constitutional liberty, and since that time they have been enabled to preserve themselves in that possession. For twenty-seven hundred years, as we have endeavored to show, the probabilities are that the great mass of the people were in a state of slavery, combining the most abject degradation with the most oppressive severity; for two hundred years they have maintained themselves in the possession of constitutional freedom. The story is a rare one on the pages of history, and we think it pregnant to exist within her borders. The with matter for reflection. The recorded cases are few in which nations have thrown off the yoke of personal slavery, and, at the same time, preserved themselves unsubjected to the yoke of governmental despotism. The most eminent of these instances is, beyond question, that of England-if, indeed, any other can be foundand it required there a most extraordinary and wonderful combination of co-operating causes to produce this result. By the signal blessing of God, as we think, that combination was there developed, and by the exertion of their utmost energies, under the guidance of some of the most remarkable men the world has ever produced, the English people have achieved and preserved their rational and individual freedom. We do not presume to discuss the questions to which a consideration of these things might give rise. Reflecting men can determine for themselves whether this is a case likely to occur again; whether it is probable the like causes will again be combined; whether it be possible long to maintain popular government without the conservative element of slavery; and if it be, whether it can be done without the substitution of privileged classes under the form of an aristocracy. To reflecting men we leave the whole matter. We intended in the beginning to relate the facts without obtruding arguments in favor of the abstract expediency of slaveryour belief in which, however, we do not attempt to disguise-and we have related the facts, as far as we have been able to ascertain them, without speculative comment. In common with every other American, we rejoice that the slavery we have portrayed as existing in England so long, has now ceased slavery of whites to whites, is not greatly to our admiration, any. where; and, least of all, among those to whom we are so peculiarly related. We will not retaliate any uncharitable desire they may pos sibly entertain for the downfall of American institutions, and especially of the institutions of the South, by intimating a wish that their malevolence might return upon themselves. So far from it we heartily rejoice in the prosperity of the English people, which we hope may be perpetual. The freedom they enjoy was nobly achieved, and we trust it may be long retained and well employed. If the necessary conditions are observed, we are convinced they will ever remain a free, magnanimous and enlightened people. But these conditions are inexorable. They are given in the following passage from Milton, with the eloquence of fervent patriotism, and replete with the wisdom of exalted intelligence, in which, if its sublime truths were rightly received and appreciated, the immortal author would have left to mankind a richer legacy than even his great epic, and to which, in the unapproachable magnificence of the original diction, we desire to direct the attention of those of our fellow-citizens who may peruse these pages. "Nam et vos, ô cives, quales ipsi sitis ad libertatem vel acquirendam vel retinendam haud parvi interest: nisi libertas vestra ejusmodi sit, quae neque parari armis neque auferri possit, ea autem sola est, quae pietate justitia, temperantia, vera denique virtute nata, altas atque intimas radices animis vestris egerit, non deerit profecto qui vobis istam, quam vi atque armis quaesivisse gloriamini, etiam sine armis cito eripiat. Nisi avaritiam, ambitionem, luxuriam mentibus expuleritis, quem tyrannum foris et in acie quaerendum credidistis, eum domi, eum intus vel duriorem senipsis praecordiis vestris intolerandi pultietis, immo multi indies tyranni ex lulabunt. "Scitote enim, ne forte stomachemini, aut quemquam praeter vosmetipsos in culpare possitis, scitote, quemadmodum essc liberum, idem planè est atque esse pium, esse justum, esse sapientem ac temperantem, sui providum, alieni abstinentem, atque exinde demum mag nanimum ac fortem; ita his contrarium esse, idem esse atque esse servum: So spoke the great poet-statesman; his counsel seems to us as if a man had inquired at the oracle of God. We in America have a right to appropriate his sublime teachings. His earnest warning was addressed to our ancestors, and is, therefore, ours by inheritance. Let us then give heedful attention to this voice from the illustrious dead; let us ponder deeply the lofty teachings of the noble passage we have quoted, and nextthough at a great distance-to the FAREWELL ADDRESS, let us hold in cite, vestrum esse compotes; postremo factionibus, odiis, superstitionibus, in- remembrance and reverence, its juriis, libidinibus ac rapinis invicem solemn admonitions. abstinete."* solitoque Dei judicio et quasi talione justissima fit, ut quae gens se regere seque moderari nequit, suisque ipsa se libidinibus in servitutem tradidit, ea aliis, quibus et nollet dominis tradatur; nec libens modo sed invita quoque ser viat. Qui liberi igitur vultis permanere, aut sapite imprimis aut quamprimum resipiscite si servire durum est atque nolitis, rectae rationi obtemperare dis SONNET.FROM MICHAEL ANGELO. Now is my life approaching, in its course Defensio Secunda pro Populo Anglicano. |