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• The great origin of Navery is captivity in war, though sometimes it has commenced by contract. It has been a queftion much agitated, whether either of these foundations of flavery is confiltent with natural justice. It would be engaging in too large a field of enquiry, to attempt reasoning on the general Jawfulness of lavery. I trust too, that the liberty, for which I am contending, doth not require such a disquisition; and am impatient to reach that part of my argument, in which I hope to prove flavery reprobated by the law of England as an inconvenient thing. Here therefore I shall only refer to some of the most eminent writers, who have examined, how far flavery founded on captivity or contract is conformable to the law of nature, and shall just hint at the reasons, which influence their Several opinions. The ancient writers suppose the right of killing an enemy vanquished in a just war; and thence infer the right of ensaving him. In this opinion, founded, as I prefume, on the idea of punishing the enemy for his injustice, they are followed by Albericus Gentilis, Grotius, Puffendorf, Bynkershoek, and many others. But in the Spirit of Laws the right of killing is denied, except in case of absolute necesity and for self-preservation. However, where a country is conquered, the author seems to admit the conqueror's right of enflaving for a short time, that is, till the conquest is effectually secured. Dr. Rutherforth, not satisfied with the right of killing a vanquished enemy, infers the right of enslaving him, from the conqueror's right to a reparation in damages for the expences of the war. I do not know, that this doctrine has been examined, but I must observe, that it feems only to warrant a temporary slavery, till reparation is obtained from the property or personal labour of the people conquered. The lawfulness of favery by contract is allented to by Grotius and Puffendorf, who found themselves on the maintenance of the slave, which is the consideration moving from the master. But a very great writer of our own country, who is now living, controverts the sufficiency of such a confideration. Mr. Locke has framed another kind of argument against slavery by contract; and the substance of it is, that a right of preserving life is unalienable; that freedom from arbitrary power is essential to the exercise of that right; and therefore, that no man can by compact enslave himself. Dr. Ruthera forth endeavours to aniwer Mr. Locke's objection by insisting on various limitations to the despotism of the master; particularly, that he has no right to dilpose of the flave's life at pleasure. But the misfortune of this reasoning is, that though the contract cannot juftly convey an arbitrary power over the slave's life, yet it generally leaves him without a security against the exercise of that or any other power. I shall say nothing of fiavery by birth ; excepe that the Navery of the child must be unlawful, if that of the parent cannot be justified ; and that when flavery is extended to the issue, as it usually is, it may be unlawful as to them, even though it is not so as to their parents. In respect to Navery used for the punishment of crimes againit civil society, it is founded on the same neceffity, as the right of inflicting other punishments ; never extends to the offender's iffue ; and seldom is permitted to be domestic, the objects of it being generally employed in public works, as the galley-Slaves are in France. Consequently this kind of Navery is not liable to the principal obje&ions, which occur against Navery in general. Upon the whole of this controversy concerning lavery, I think myself warranted in saying, that the justice and lawful. ness of every species of it, as it is generally conftituted, except the limited one founded on the commission of crimes against civil society, is at least doubtful; that if lawful, such circumItances are necessary to make it so, as seldom concur, and there. fore render a just commencement of it barely possible ; and that the oppressive manner in which it has generally commenced, the cruel means necessary to enforce its continuance, and the mischiefs ensuing from the permiffion of it, furnish very strong presumptions against its justice, and at all events evince the humanity and policy of those states, in which the use of it is no longer tolerated.
But however reasonable it may be to doubt the justice of domestic slavery, however convinced we may be of its ill effects, it must be confessed, that the practice is ancient and has been almost universal. Its beginning may be dated from the remotest period, in which there are any traces of the history of mankind. It commenced in the barbarous state of society, and was retained, even when men were far advanced in civilization. The nations of antiquity most famous for countenancing the fystem of domestic flavery were the Jews, the Greeks, the Romans, and the ancient Germans ; amongst all of whom it prevailed, but in various degrees of severity. By the ancient Ger. mans it was continued in the countries they over-run; and fo was transmitted to the various kingdoms and states, which arole in Europe out of the ruins of the Roman empire. At length however it fell into decline in most parts of Europe ; and amongst the various causes, which contributed to this alteration, none were probably more effe&ual, than experience of its advantages, the difficulty of continuing it, and a persuasion that the cruelty and oppression almost necessarily incident to it were
irreconcileable with the pure morality of the Christian dispensation. The history of its decline in Europe has been traced by many eminent writers; particularly Bodin, Albericus Gentilis, Potgiellerus, Dr. Robertson, and Mr. Millar. It is fufficient here to say, that this great change began in Spain, according to Bodin, about the end of the eighth century, and was become general before the middle of the fourteenth century. Bartolus, the most famous commentator on the civil law in that period, represents slavery as in disuse ; and the succeeding commentators hold much the same language. However, they must te understood with many restrictions and exceptions; and not to mean, that lavery was completely and universally abolished in Europe. Some modern Civilians, not fufficiently attending to this circumstance, rather too hastily reprehend their predecessors for representing Navery as disused in Europe. The truth is, that the ancient species of slavery by frequent emancipations became greatly diminished in extent; the remnant of it was considerably abated in severity; the disuse of the practice of enflaving caprives taken in the wars between Christian powers affilted in preventing the future increase of domestic Navery; and in some countries of Europe, particularly England, a still more effcétual method, which I thall explain hereafter, was thought of to perfect the suppression of it. Such was the expiring state of domestic slavery in Europe at the commencement of the fixteenth century, when the discovery of America and of the Western and Eastern coasts of Africa gave occasion to the introdudion of a new species of Navery. It took its rise from the Portuguese, who, in order to supply the Spaniards with persons able to fullain the fatigue of cultivating their new pofleffions in America, particularly the Islands, opened a trade between Africa and America for the sale of negro Naves. This disgraceful commerce in the human species is said to have begun in the year 1508, when the first importation of negro llaves was made into Hispaniola from the Portuguese settlements on the Western coast of Africa. In 1540 the Emperor Charles the Fifth endeavoured to stop the progress of the negro slavery, by orders that all flaves in the American ifles should be made free ; and they were accordingly manumitted by Lagafca the governor of the country on condition of continuing to Jabour for their masters. But this attempt proved unsuccessful, and on Lagasca's return to Spain domestic Navery revived and furished as before. The expedient of having flaves for labour in America was not long peculiar to the Spaniards ; being afterwards adopted by the other Europeans as they acquired poffeflions there. In consequence of this general practice, negroes are become a very considerable article in the commerce between Africa and America; and domestic slavery has taken so deep a root in most of our
own American colonies, as well as in tbore of other nations; that there is little probability of ever seeing it generally tuppressed.
When questions of a general nature and importance are agi. tated in our courts of law, we should imagine it extremely commendable in the counsel if they would sometimes take an opportunity to lay their arguments before the public. An emulation would thus arise where it is much wanted; and England might yet give birth to other Bacons and other Clarendons.
Art. IV. Observations on the Character and Condu 22 of a Phyficiax. In twenty Letters to a friend. 8vo.
2 s. 6 d.
Johnson. 1772, EW of our Readers, we suppose, can have forgotten an
excellent tract, published in 1769, entitled, Observation on the office and Duties of a Physicion, written by the very ingenious and worthy Dr. Gregory*, Profeflor of Medicine in the University of Edinburgh; and of which an account was given in the 4ift volume of our Review, p. 401–412.
The present work is, in some measure, to be considered as a Supplement to the above-mentioned performance. A particular account of the Author's design may be given in his own words; and the fame extract will serve also as a specimen of his literary abilities.
" When you first consulted me,' says he, in Letter 1. • about educating your son to a profession which I had embraced ; I was happy in the thought that I could recommend to you a book written with lo much elegance, and dictated by such an amiable disposition, as the Obfervations on the Duties and Offices of a l hyfician; I was especially pleased to reflect likewise, that the author of it was a gentleman under whose instruction your son was likely to receive all the advantages of his profesion. But I was afraid how it would fatisfy a mind fo inquisitive as your's with regard to every thing that respects the wel. fare of your family, and could almoít have foretold the result of your reflections upon it. Give me leave, however, to justity the author of that work from your censures, if so harsh a term can be applied to your observations. He wrote it, not to a particular friend, who was in doubt, whether his child would fill such a station with propriety, nor to tell the world who were fit persons to be physicians. It was part of his lectures, and directed to people of all dispoltioes and of all capacities. To the indolent and flupid, who had embraced such a profession without any consideration, but of the gain that was to be made by it; to the man of plealure, who embraced it, because it was a genteel employment, and introduced him to an agreeable fociety; and to the grave, thinking, and induitsious scholar, who alone was qualified for the post. li was not to tell mankind, who
Dr. Gregory is also Author of another applauded work, entitled, A comparative View of the State and Faculties of Man with these of the Animal World : see Review, vols. xxxiii. and xxxv.
Ought to come and hear his lectures ; but, fince students were come, to inform them what character they ought to assume to secure the regards of their fellow mortals.
• You observe, likewise, another deficiency in this work, which I fall endeavour to obviate. There are a thousand circumstances, you juftly observe, in a physician's conduct, which require an explanation. He lives more particularly with the world perhaps, than a person of any other profession. He often enters into every secret circumstance belonging to a family. At times, he is their friend, their parent, their only protector. To know their caprice and humour, therefore, and how to accommodate himself to them in each of these relations, requires an eminent degree of judgment and understanding. But it requires likewise rules, you say, and rules which this ingenious professor hath omitted. He hath very justly omitted them. His pupils were brought from different nations, where a variety of manners and customs must prevail. To have entered therefore minutely into rules, to which the behaviour might be accommodated in all, would have been a difficult talk, and to many useless. To have adopted the plan of any one in particular, would have been impertinent and dictatorial. As your lon, however, will most probably practise in England, you will not be displeased with me, if I enter into some more minute disquisitions, than what have been mentioned by this elegant author. To do this, indeed, is one principal reason why I under.. take this correspondence. But I shall not flavishly omit whatever he has mentioned, but throw his book entirely aside. You cannot but expect, therefore, to meet often with some of his favourite sentiments, sentiments which have made a very deep impression on my mind, and which I would with never to obliterate from it. My method, indeed, will be different from what he has adopted, not because I dislike his plan, but because I allow myself a much larger scope.
• My design then, Sir, shall be this. In the first place to few you what disposition of mind, or what characteristic features are es. sential to the profesion of a physician. I shall next describe what improvements are necessary to conduct him to the threshold of the tudy of medicine, and then direct how he may cultivate the study itself. This will constitute that part which I call his private charac. ter, because it belongs to him as a private independent man, and though necessary to his future practice, will not be useless if he Thould decline it. In the next place, I shall suppose him to have finished his education, and to enter upon practice. To engage in the world in a profession which calls for the greatest resolution and the most amiable manners. Resolution, to stand against the tide of oppofition; and amiable manners, to engage the affections of mankind upon his fide. To inform him how to demean himself then in this fituacion, will constitute two parts; the one will consist of a culti. vation of those general qualities which are subservient to these ends, which forms his public character. The other, in a method of con. du&ting himself through life with the variety of persons with whom he may be engaged, and the characters with which he may be connected. He is often to act in concert with a set of people who are linked with him in the same profesion. He is to live harmoniously with them. To do this, requires a circumspection of behaviour, and