To renounce one's liberty is to renounce one's manhood, and the rights of humanity, even one's duties. There is no reparation possible for him that renounces everything. Such a renunciation is incompatible with the nature of man, and is depriving his actions of all morality, and his will of all liberty.

2. Such a contract is contradictory, for the slave giving himself wholly and without reserve, can receive nothing in return.

It is a vain and contradictory agreement to stipulate an absolute authority on one side, and on the other unlimited obedience. Is it not clear that one can be under no obligation towards him of whom one has a right to demand everything? and does not this single condition, without equivalent, without exchange, carry with it the nullity of the act? For what right could my slave have against me, since all he has belongs to me, and that his right being my own, this my right against myself is a word without any sense.

3. Even if one had the right to sell one's self, one has not the right to sell one's children. Slavery at least should not be hereditary.

Admitting that one could alienate himself, he could not alienate his children; they are born men and free; their liberty is their own; no one has a right to dispose of it but themselves.

Before they have reached the age of reason, their father may, in their name, stipulate conditions for their welfare, but not give them irrevocably and unconditionally over to another; for such a gift is contrary to the ends of nature, and pa.s.ses the rights of paternity.

4. Slavery, furthermore, comes not from the right of killing in war; for this right does not exist.

The conqueror, according to Grotius, having the right to kill the conquered enemy, the latter may ransom his life at the expense of his liberty: an agreement all the more legitimate, as it turns to the profit of both.

But it is clear that this pretended right to kill the conquered adversary does not result in any way from the state of war.... One has a right to kill the defenders of the enemy's State as long as they hold to their arms; but when they lay these down and surrender, and cease to be enemies, they become simply men again, and one has no longer a right on their life.

If war does not give the conqueror the right of ma.s.sacring the conquered, it does not give him the right of reducing them to slavery.... The right of making of the enemy a slave, does not then follow the right of killing him; it is then an iniquitous exchange to make him buy his life at the price of his liberty, over which one has no right whatsoever.

Montesquieu has also combated slavery; but he has done it under a form of irony, which gives still greater force to his eloquence.

"If I had to defend the right we have had to make slaves of the negroes, this is what I should say:

"The peoples of Europe having exterminated those of America, they were obliged to reduce to slavery those of Africa in order to use them to clear the lands.

"Sugar would be too dear if the plant that produces it were not cultivated by slaves.

"The people in question are black from head to foot, and they have so flat a nose that it is almost impossible to pity them.

"One cannot conceive that G.o.d, who is a being most wise, could have put a soul, and above all a good soul, in so black a body.

"It is impossible for us to suppose that these people are men; because if we supposed them to be men, one might begin to think we are not Christians ourselves.

"Narrow minds exaggerate too much the injustice done to Africans. For if it were as they say, would it not have come to the minds of the princes of Europe, who make so many useless contracts among each other, to make a general one in favor of mercy and of pity?"[38]

=54. Servitude--Restrictions of the liberty to work--Oppression of children under age, etc.=--Absolute slavery existed in antiquity, and has particularly reappeared since the discovery of America, owing to the difference of the races: the black race being, seemingly, particularly adapted to the cultivation of the torrid zones, and endowed with great physical vitality, became the serving-race _par excellence_: it has even been hunted down for purposes of procreation; hence that infamous traffic, called slave trade, and which is to-day interdicted by all civilized countries.

But there existed in the Middle Ages, and has subsisted even to these days, in Russia, for example, a relative slavery, less rigorous and odious, but which, though circ.u.mscribed within certain limits, was not the less a grave outrage to liberty. The serf was allowed a family, and even a certain amount of money; but the ground which he cultivated could never belong to him; and above all he could not leave this ground, nor make of his work and services the use he wished. It was certainly less of an injustice than slavery; but it was still an injustice. However, this injustice exists to-day no longer than as an historical memory. Morality has no longer anything to do with it.

It is the same with the restrictions formerly imposed on the freedom of work under the old administration (_ancien regime_), the organization of _maitrises_ and _jurandes_,[39] namely, and that of corporations; the work was under regulations: each trade had its corporation, which no one could enter or leave without permission. No one was allowed to encroach upon his neighbor's trade; the barbers defended themselves against the wig-makers; the bakers against the pastry-cooks; hence much that was wrong, and which those who regret this administration have forgotten.

But here again, it is the object of history to inquire into the good or the evil of these inst.i.tutions; and these questions belong rather to political economy than to morals.

It is not the same regarding the abuse made of the work of children and minors, or the work of women. Severe laws have forbidden such; but it is always to be feared that manners get the better of the laws. The work of children and women being naturally cheaper than the work of men and adults, one is tempted to make use of it; but the work of children is improper because it is taking advantage of and using up beforehand a const.i.tution not yet established, and also because it is thus depriving children of the means of being educated. As to girls and women, in abusing their strength, one compromises their health, and contributes thereby to the impoverishment of the race.

Among the violations the liberty of work may suffer, we must not forget the threats and violences exercised by the workers themselves and inflicted upon each other. It is not rare, in fact, in times of strikes, to see the workmen who do not work try to impose, by main force, their will on those that are at work. Such violences, which have their source in false ideas of brotherhood (a mistaken _esprit de corps_), and in a false sense of honor, const.i.tute, nevertheless, even when free from the coa.r.s.e enmity of laziness and vice, waging war with work and honesty--a grave violation of liberty; and it may be considered a sort of slavery and servitude to suffer them.

It is the same with the attempts by which men try to forbid to women factory work, under pretext that it brings the wages down.

This reason, in the first place, is a bad one, because the woman's earnings come in the end all back to the family, increasing by that much more the share of each. But by what right should work be prohibited to woman more than to man? Certainly it would be desirable if the woman could stay at home, and busy herself exclusively with the cares of the household; but in the present state of things such an ideal is not possible. It is then necessary that woman, who has, like man, her rights as a moral personality, should be allowed by her every-day work to make a living, under the protection of the laws, and at her own risks and perils.

=55. Moral oppression--Inward liberty and responsibility.=--The question is not only one of corporal liberty, the liberty to work; the laws in a certain measure provide for that, and one can appeal to their authority for self-protection. But there may exist a sort of _moral bondage_, which consists in the subordination of one will to another. It is here that the respect we owe to others calls for a more delicate and a more strict sense of justice: for this sort of slavery is not so obvious, and the love we bear to others may be the very thing to lead us into error.

=56. Violation of the honor of others--Backbiting and slander.=--Among the first rights of a man, there is one sometimes forgotten, although it is one of the most essential, and this is his _right to honor_.

In our ignorance of most men's actions, and in all cases of the real motives of these actions, it is a duty for us to respect in others what we wish they should respect in us: namely, our honor and our respectability.

In fact, it is very difficult for men to form true judgments regarding each other. For fear of committing an injustice, it is better not to judge at all than to judge wrongly.

There are two ways of violating other people's honor: _backbiting_ and _slander_. Backbiting consists in saying evil of others, either deservedly or undeservedly; but when undeservedly, and especially when one knows it to be so, backbiting becomes slander. Backbiting may arise from ill-will or thoughtlessness, and slander is the work of baseness and perfidy.

Backbiting which consists in saying evil of others deservedly, is not in itself an injustice: there is to be recognized the right and jurisdiction of public opinion. The honest man should be held in greater esteem than the rogue, even though the latter cannot be reached by the law.

Nevertheless, backbiting becomes an injustice through the abuse that is made of it. It is not a question of severe judgments touching actions deserving blame and contempt. It is a question of thoughtless and unkind judgments, and which we are all too easily and readily inclined to p.r.o.nounce upon others, forgetting that we deserve ourselves as many and severer ones. How shall we conciliate, however, the just severity which vice deserves, with the spirit of kindness which charity and brotherly love demand of us? On the one hand, an excess of kindness seems to weaken the horror of evil, to put on the same level the honest man and the rogue; on the other, the habit of speaking evil weakens the bonds of human society, sets men against each other, and is always, in a certain measure, a shortcoming of sincerity; for one hardly ever tells to people's faces the evil one says of them in their absence. It is not easy to find the just medium between these two extremes.

It may be laid down as a principle that, except the case where notorious vices, contrary to honor, comes into question, it is better absolutely to abstain from speaking evil of others. For, either the question is of persons one does not know, or knows imperfectly, and then one is never sure not to be mistaken; and most of the time one judges people on the testimony of others only, or one speaks of persons whom one knows, and with whom one stands in more or less friendly relations; and then backbiting becomes a sort of treason. Even deserved blame should not be a favorite subject of conversation: it is an unwholesome and ungenerous pleasure to lay any stress upon the weakness of others. If, at least, one accepted with it the right of others to judge us with the same severity, such reciprocal liberty might prove of some utility; but the backbiter nowise admits that he may be himself the subject of backbiting; and at the very moment when he criticises others, he would himself be very much offended if he learned that the same persons had, on their side, been doing the same in regard to him.

As to slander, it is not necessary to say much on the subject to show to what degree it is cowardly and criminal. What makes it, above all, cowardly is that it is always very difficult to combat and refute slander.

Often, and for a long time, it is not known: at the moment when one hears of it, it has taken roots which nothing can destroy. One does not know who spread it, nor whom to answer. It is, besides, often impossible to prove a negative thing: namely, that one has done no harm, that one has not committed such and such an action, and said such or such a word. One always confronts the well-accredited saying: "There is no smoke without fire."

The wrong done by slander will be better understood by the description Beaumarchais has given of it:

"Slander, sir--you hardly know how great a thing you hold in contempt: I have seen the best of people crushed by it. Believe me, there is no flat malice, no hateful story, no absurd tale which a skillful mischief-maker cannot make the idlers of a large town believe.... At first, a slight report, just grazing the ground as a swallow does before the storm: murmuring _pianissimo_, and spinning away, it launches in its course the poisoned arrow. A certain ear is open to take it in, and it is deftly whispered _piano_, _piano_, to the next. The harm is done; it sprouts, crawls, makes its way; and _rinforzando_ from mouth to mouth, goes like wildfire; then all at once, you scarcely know how, you see the slander rise before you, whistling, blowing, growing while you look at it. It starts, takes its flight, whirls about, envelops, pulls, carries everything along with it, bursts and thunders, and becomes a general cry, a public _crescendo_, a universal chorus of hatred and proscription.[40]

=57. Rash judgments.=--We call rash judgments ill-natured remarks made about others without sufficient knowledge of facts. It is through rash judgments one becomes often the accomplice of slander, without knowing it and without wishing it. Nicole, in his _Essais de Morale_, has thoroughly treated the question of rash judgments. We have but to give here a short _resume_ of his Treatise on this subject.

1. Rash judgments are a usurpation of G.o.d's judgment.

Rash judgments being always accompanied by ignorance and want of knowledge, are a manifest injustice and a presumptuous usurpation of G.o.d's authority.

2. This sin has degrees according to the _quality_ of its object, the _causes_ from which it springs, and the _effects_ it produces.

The _quality_ of the object increases it or diminishes it, because the more things are important the more is one obliged to be circ.u.mspect and reserved in the judgments one p.r.o.nounces.[41]

The _causes_ may be very different:

One falls into it sometimes simply from over-hastiness. Sometimes we are led into it through the presumptuous attachment we have for our sentiments. But the most ordinary source of this ignorance is the maliciousness which causes us to see stains and defects in persons which a single eye would never discover in them.... It causes us to feel strongly the least conjectures, and enlarges in our eyes the slightest appearances. We believe them guilty because we should be very glad if they were.

The _consequences_ of rash judgments are sometimes terrible and fatal.

The divisions and hatreds which disturb human society and extinguish charity come generally only from a few indiscreet words that escape us. Moreover, we do not always confine ourselves to simple judgments.

We pa.s.s from the thoughts of the mind to the promptings of the heart.

We conceive aversion and contempt for those we have thoughtlessly condemned, and we inspire the same sentiments in others.

Rash judgments are the source of what we call _prejudices_; or, rather, prejudices are but rash judgments fixed and permanent.... We portray human beings to ourselves from the inconsiderate remarks made about them before us, and we then adjust all their other actions to the ideas we have formed of them. It serves us as a key whereby to explain the conduct of these persons, and as a rule for our conduct towards them.

3. We are apt to delude ourselves as to the motives of the judgments we p.r.o.nounce.

The manner in which we conceal from ourselves this defect is very delicate and very difficult to avoid. For it comes from the bad use we make of a maxim very true in itself when viewed generally, but which in private we imperceptibly pervert. This maxim is, that whilst it is forbidden to judge, it is not forbidden to see--that is to say, to give one's self up to convincing evidence. Thus, in making our judgments pa.s.s for views or evidences, we shield them from all that can be said against the rashness of our judgments.

To enable us to distrust this pretended evidence, it would only be necessary to call our attention upon those whom we think guilty of rash judgments in regard to us. They think as we do, that the rashest of their judgments are from observation evidently true. Who, then, will a.s.sure us that it is different with us, and that we are the only ones free from this illusion?