AUTHORITIES:

Corpus Juris, Livy, Dionysius of Halicarnassus, Niebuhr, Arnold, Savigny, Puchta, Mommsen, Jhring, Clinton, Carl Hegel, Zumpt, etc.

The primitive occupants of the Mediterranean peninsula—anciently, and at the present time, called Italy—issued from the same Aryan stock as peopled Greece. These immigrants, almost from the first moment of their arrival, seem to have devoted themselves to agriculture, as all the relics still dimly visible in prehistoric twilight certify to this fact. Thus, the domestic legend of the Samnites makes an ox the leader of the primitive colonies, which is only a different version of another tradition, according to which Vitulus or Italus—a legendary king, from whom the name of "Italy" is derived—brought about among his subjects the transition from shepherds to farmers. The name Italia, in ancient Latin, signified a country full of cattle. The oldest of the Latin tribes has the name of Siculi, Sicani, reapers, and another, Opsci, or field-laborers. Among the Italians (or Italos, Italiots), the legends, creeds, laws, and manners all originate in agriculture; while every one knows the use of the plough in the distant background of the legendary foundation of Rome. The oldest Roman matrimonial rite, the confarreatio, also has its name[Pg 126] from rye. With agriculture is primarily connected a fixed abode, and thus springs up the love of home and family. From agricultural life arises the tribe or clan, which is simply a community of individuals descending from the same ancestor. In this primitive condition the field-labors and domestic occupations were performed by various members, first of the family, and then of the clan. The servus or servant of that epoch was no more a chattel in the Latin agricultural family and community than was the primitive servant in the tent of the patriarchs (see "Hebrews" and "Aryas"), or than were the servants of the first colonists in New England, Virginia, or the Carolinas. In these primitive households there were no duties for a chattel, for from the earliest time agricultural and household occupations were as sacred to the yeomen and peasants of Latium and Rome as were the domestic hearth, the father, and the family.

From the left bank of the Tiber to the Volscian mountains, and over the plains of the Campagna, lived the Latins—the prisci Latini. They were divided into numerous distinct families or clans, which afterward were the generators of the Roman people. The region where they first appear, in the most ancient times, was therefore settled by separate families, and divided into separate townships and villages. These clans it was which afterward in "the city" constituted the primitive tribus rustic? or rural tribes.

The Ramnes, Ramneis, Romaneis, Romani or Romans, the founders of Rome, were, in all probabil[Pg 127]ity, bold rovers and adventurers from the various tribes and villages of Latium. They lived among the bushes and groves of the Palatine Mount, and what they acquired by depredation was common property. These primitive legendary Romans had no use for slaves; they had no mart in which to sell them, and it is probable that they neither kidnapped nor enslaved any of the neighboring villagers. Neither legend nor history fixes positively how long these Ramnenses or Romans persevered in their wild mode of life. The legend very soon unites them with other settled families, such as the Sabine farmers and peasantry. Then began the specific organized existence of the Romans.

The whole soil of the Roman community constituted an ager Romanus or publicus. Every citizen, as a part of the populus or state, received therefrom a share of the public land for his private use. When the Romans extended their dominions by subduing the neighboring villages and districts, the lands of such districts, their pasturages, etc., were incorporated into the ager Romanus, and the inhabitants were sometimes obliged to settle in Rome or in lands in its vicinity. From these originated the plebeians, who, under certain conditions, received shares or lots in the ager publicus or Romanus. The aim of these primitive wars was neither to kidnap nor enslave the subdued tribes, nor even to transform them into serfs or Helots, at the utmost to make them tributaries.

To the legendary Romulus were attributed the[Pg 128] regulations or laws which forbade the massacre or enslavement of the male youth of conquered villages or districts, and prohibited also the transformation of the conquered lands into pasturages, and provided that they should be parcelled into small homesteads for Roman citizens. At first two acres, and afterward seven, constituted such a civic patrimony or homestead. It was the abandonment of this law in after ages which generated slavery and the ruin of the populace.

Only the prisoners made on the battle-field and counted among the spoils, were sold by the state at public auction: sub hasta, "under the spear," and sub corona, "the citizen wearing a crown"—to the citizens or members of the community. Such prisoner, like all other vended booty, became a mancipium, res mancipia, (from manu capere, "taken, caught by the hand.") Such slaves, in all probability, were not numerous. A more prolific source of slavery was the right to enslave a debtor for life. The debtor became a mancipium; and even when the right to enslave him was abolished, the legal formality of catching him or touching by the hand, was maintained.

The power of the father or chief of the household—patria potestas—was limitless, in the precincts of the house, over both the family and the servants. The father, be he patrician or plebeian, could sell his son into slavery, but the right was very seldom used. So also, the father had the right of life and death over all his family and household. Manumission of slaves was common; it existed from the most ancient[Pg 129] times. The slave could also buy his liberty. Subsequently, in the last centuries of the republic and under the emperors, a slave could be emancipated by various positive enactments, and the status of the manumitted slave often passed through various gradations before reaching absolute independence. The fortieth book of the Pandects contains several chapters relating to manumission.

Sometimes, though rarely, under the kings, the public slaves—or those of the state, exclusively war prisoners—were employed on public works, or to take care of public buildings, or to attend on magistrates or priests. The condition of public slaves was preferable to that of the private slaves; indeed, the former subsequently had the right to dispose by will of half of their property.

The land was tilled by the hands of the senators themselves, patricians though they were. If a patrician (pater) possessed more land than he could cultivate himself, he divided it among small free cultivators, or let it out; and no servile hand desecrated the plough. The slaves employed in the house were not numerous.

King Servius Tullius inaugurated a political reform, intended to alleviate the condition of the plebeians oppressed by the patricians; and in preparation for it he took a census. At that time Rome had eighty-four thousand able-bodied citizens between the ages of eighteen and sixty years, or a total population of about four hundred thousand free persons of all ages[Pg 130] and sexes. To this number must be added the plebeians, who were not yet citizens. The artisans, operatives, clients and strangers perhaps doubled this estimate of the population of Rome, the limits of which then stretched from the Tiber to the Anio, including, probably, the lands of Alba, and making in all, an area of about one hundred and twenty or one hundred and forty square miles. There would thus be more than five thousand five hundred inhabitants to a square mile; so that there could have remained but very little room for slaves.

In the first stages of the republic, the patricians continually increased their landed estates, and by renting these to tenants, they acquired power over the poor free laborers, and by lending them money, got a claim on their bodies and also on the free yeomen and rustics. The patricians were hard creditors, and rigorously availed themselves of their legal rights, and their ergastula—caves or vaulted prisons—were almost continually filled with poor debtors. This impoverishment of the free yeomanry increased after the terrible devastations perpetrated by the Gauls under Brennus. Finally, these financial oppressions generated those revolts of the plebeians which terminated in their obtaining political rights and full citizenship, together with the jurisprudential reform known as the Twelve Tables.

During the first three or four centuries of the republic, the number of slaves who were non-debtors was very limited. At the census made in the[Pg 131] year of Rome 280, the free population amounted to over four hundred and ten thousand persons, and there were then only seventeen thousand slaves.

Few, if any, women were originally enslaved. If the nursling of a Roman family often drew its milk from the paps of a slave woman, the Roman matron, in turn, often gave her breast to the babe of a slave.

In those early times the slaves were kindly treated; they were regarded rather as members of the family than as chattels; they took their meals with their masters, and participated in the sacrifices and worship of the gods. They were not considered dangerous elements in the household or the state. From that early epoch also date certain privileges conceded to the slaves—such as their earnings or peculium, which, at first established only by common usage, became afterward defined and specified by the civil law, in which originally the slave was almost entirely ignored.

Plebeians, proletarians, clients, free artisans—almost all of whom were Romans—formed, in the first centuries, the bulk of the slaves kept in the ergastula of the patricians. Frequently, when a consul wanted soldiers, he would order the creditors to open their vaults and disgorge the victims for his service in a campaign. And sometimes, though rarely, a consular edict quashed the debts and set them free.

In these earliest times of the Republic the name of a proletarius, or procreator of children, was held in honor. It was to an increase of the number of its freemen, not of its slaves, that the Republic hoped for duration and[Pg 132] power. To be called colonus, or a cultivator, was also an honor to a Roman citizen, whether patrician or plebeian, in the times of Cincinnatus, Dentatus, and Regulus. Labor was then a high distinction, nay it was sacred; and a slave may almost be considered an accident in domestic pursuits. Scaurus, then one of the wealthiest and most powerful senators, had six slaves, Curius Dentatus one, Regulus one, when he commanded the Roman legions against Carthage, while Cincinnatus may have had one, but most probably none.

The three hundred patrician Fabii, who left Rome, crossed the Tiber and settled at the utmost limits of the state, to guard and defend it from the inroads of invaders—were yeomen, ploughmen, and farmers. And without intending to offend or disparage the ennobled pro-slavery militants of this age and country, one may surely suppose that they have at least a little respect for the names and the character of a Dentatus, a Cincinnatus, and a Regulus.

However, the patricians and many of the rich plebeians continued uninterruptedly to increase their lands in the ager publicus at the cost of the smaller yeomen, and that at a time when rural slavery may be said to have been in its infancy. And it was the object of the celebrated agrarian laws to restore the balance between the rich and the poor in the possession of the public lands.

The wars carried on by Rome with the Greek cities in Italy, which were crowded with slaves, and the[Pg 133] wars carried on beyond the borders of Italy, were the great nurseries of slavery. In such wars free citizens were of course killed in vast numbers, and slave war-prisoners were brought back to Rome in their stead. The Punic wars are the turning point in the political history and in the social and moral development of the Romans. These wars gave the first great stimulus both to urbane, and rustic slavery. Urbane slaves were those employed in houses and villas for personal service; rustic slaves were those engaged in working the estates.

Rome became more and more a maritime and commercial emporium, and slaves were now imported as merchandise, besides the continually increasing number of prisoners of war. Thus Regulus brought over twenty thousand Carthaginians of all conditions of life, who were sold into slavery. But even at the time of the second Punic war, the number of slaves of all kinds must have been comparatively very small; for after the terrible defeat at Cann?, the Roman senate ordered the slaves to be armed, and only eight thousand were inscribed on the military roll. The census taken about that time gave, in all the state, two hundred and thirty-seven thousand Roman adult citizens, or 1,185,000 free persons of all sexes and ages; making in all, 770,000 Romans, with their Italian allies, fit for military duty.

The victorious Hannibal sold into slavery thousands of Roman citizens; while the final conquest of the Carthaginian empire and of Sicily poured many thou[Pg 134]sands of slaves into Rome from Africa, from Sicily, and from Spain. Thus thirty thousand inhabitants of Palermo and twenty-five thousand of Agrigentum, were sold into slavery. Among those brought by Scipio from Africa, were two thousand artisans whom he promised he would not sell, but would keep as slaves of the state.

Henceforth conquests in and out of Italy became a social and political necessity for Rome. The spoils and lands rapidly increased the wealth of the citizens, but principally of the patricians. The habits of luxury, the contempt of manual and especially agricultural labor, became general; and with it the demand increased for slaves to work the estates and to cater to the other wants of the rich and effeminate Romans. So now again, war and rapine, the annexation of Mexico, Central America, Cuba and Hayti, are the aims of the militant American slaveocracy.

In course of time Rome became a mart for slaves, as great as were Carthage, Corinth, Athens and Syracuse. The slave market, like all the other markets in the city, was superintended by the ?diles. The municipal regulations compelled the vender to hang a scroll around the neck of the slave, containing a description of his character, in which his defects were declared and his health warranted, especially his freedom from epilepsy and violent diseases. The nativity of the slave was considered important and was also to be declared. When the Romans conquered Asia, the Syrians (who belonged to the Caucasian race) were considered to[Pg 135] be especially adapted for slavery, just as the negroes are at the present day. An incalculable majority of the Roman slaves were of the Caucasian or Japhetic race. Where, oh, where, during these almost countless centuries, slept the Scriptural curse of Ham?

The Hannibalian war was eminently destructive to the yeomanry and to their small homesteads. Internal domestic economy was shaken from the foundation and almost entirely destroyed; the arable lands were rapidly turned into wild sheep pastures, with wild slaves on them as shepherds; the patricians no longer considered agriculture their first occupation, when they found that the slaves of Sicily, Africa, and afterward Egypt, were able to nourish both them and the people; and any land still in culture, was worked by poor farmers, by colonists and slaves. The term colonist, also, now acquired a somewhat degraded signification, for they were now but poor proletarians and plebeians. Now also came into more common use the legal denomination familia rustica, or rural chattels; and perhaps at this time, or soon after, originated in Rome the proverb: "As many slaves, so many enemies."

In the course of the sixth century, U.C., there burst out in great force the antagonism between the free rural laborer and the slave. The struggle for life and death between the large land and slave holders and the yeomanry or freeholders, became more and more active. That which had taken root but slowly in the previous centuries, became strengthened by contact[Pg 136] with nations of older and more corrupt civilizations. The influence of Carthage appeared in the rural economy of the Romans, and they began to model their agriculture on the Carthaginian slave husbandry. The book on "Agriculture," written by Magon, a Carthaginian, was translated into Latin by order of the senate. The country was rapidly filled with slaves, and now originated that reckless cruelty in dealing with them which was ............