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widow, and two-thirds to the children; in case of no children, one-half to the widow, and the other half to the next of kin; where neither widow nor lineal descendants survive, the whole to the next of kin, and to be equally divided amongst kindred of equal degree, without distinction of whole blood and half blood, or of consanguinity by the father's or mother's side. The descent of real estates, of houses, that is, and land, having been settled in more remote and in ruder times, is less reasonable. There never can be much to complain of in a rule which every person may avoid, by so easy a provision as that of making his will: otherwise our law in this respect is chargeable with some flagrant absurdities; such as, that an estate shall in no wise go to the brother or sister of the half blood, though it came to the deceased from the common parent; that it shall go to the remotest relation the intestate has in the world, rather than to his own father or mother; or even be forfeited for want of an heir, though both parents survive; that the most distant paternal relation shall be preferred to an uncle, or own cousin, by the mother's side, notwithstanding the estate was purchased and acquired by the intestate himself.
Land not being so divisible as money, may be a reason for making a difference in the course of inheritance; but there ought to be no difference but what is founded upon that reason. The Roman law made 110116.
PART II. OF RELATIVE DUTIES WHICH ARE INDETERMINATE.
I Use the term Charity neither in the common sense of bounty to the poor, nor in St. Paul's sense of benevolence to all mankind; but I apply it, at present, in a sense more commodious to my purpose, to signify the promoting the happiness of our inferiors. Charity, in this sense, I take to be the principal province of virtue and religion; for, whilst worldly prudence will direct our behaviour towards our superiors, and politeness towards our equals, there is little beside the consideration of duty, or an habitual humanity which comes into the place of consideration, to produce a proper conduct towards those who are beneath us, and dependent upon us. There are three principal methods of promoting the happiness of our inferiors:– 1. By the treatment of our domestics and dependants. 2. By professional assistance. 3. By pecuniary bounty.
THE TREATMENT OF OUR DOMESTICS AND
A PARTy of friends setting out together upon a journey
soon find it to be the best for all sides, that, while they are upon the road, one of the company should wait
upon the rest; another ride forward to seek out lodging and entertainment; a third carry the portmanteau; a fourth take charge of the horses; a fifth bear the purse, conduct and direct the route; not forgetting, however, that as they were equal and independent when they set out, so they are all to return to a level again at their journey's end. The same regard and respect; the same forbearance, lenity, and reserve in using their service; the same mildness in delivering commands; the same study to make their journey comfortable and pleasant, which he whose lot it was to direct the rest, would in common decency think himself bound to observe towards them; ought we to show to those who, in the casting of the parts of human society, happen to be placed within our power, or to depend upon us. Another reflection of a like tendency with the former is, that our obligation to them is much greater than theirs to us. It is a mistake to suppose, that the rich man maintains his servants, tradesmen, tenants, and labourers: the truth is, they maintain him. It is their industry which supplies his table, furnishes his wardrobe, builds his houses, adorns his equipage, provides his amusements. It is not the estate, but the labour employed upon it, that pays his rent. All that he does is to distribute what others produce; which is the least part of the business. Nor do I perceive any foundation for an opinion, which is often handed round in genteel company, that good usage is thrown away upon low and ordinary minds; that they are insensible of kindness, and incapable of gratitude. If by “low and ordinary minds” are meant the minds of men in low and ordinary stations, they seem to be affected by benefits in the same way that all others are, and to be no less ready to requite them: and it would be a very unaccountable law of nature if it were otherwise. Whatever uneasiness we occasion to our domestics, which neither promotes our service nor answers the just ends of punishment, is manifestly wrong; were it only upon the general principle of diminishing the sum of human happiness. By which rule we are forbidden,_ 1. To enjoin unnecessary labour or confinement from the mere love and wantonness of domination; 2. To insult our servants by harsh, scornful, or opprobrious language; 3. To refuse them any harmless pleasures; And, by the same principle, are also forbidden causeless or immoderate anger, habitual peevishness, and groundless suspicion.
THE prohibitions of the last chapter extend to the treatment of slaves, being founded upon a principle independent of the contract between masters and Servants.
I define slavery to be “an obligation to labour for the benefit of the master, without the contract or consent of the servant.”
This obligation may arise, consistently with the law of nature, from three causes:
1. From crimes.
2. From captivity.
3. From debt.
In the first case, the continuance of the slavery, as of any other punishment, ought to be proportioned to the crime; in the second and third cases, it ought to cease, as soon as the demand of the injured nation, or private creditor, is satisfied.
The slave-trade upon the coast of Africa is not excused by these principles. When slaves in that country are brought to market, no questions, I believe, are asked about the origin or justice of the vender's title. It may be presumed, therefore, that this title is not always, if it be ever, founded in any of the causes above assigned. But defect of right in the first purchase is the least crime with which this traffic is chargeable. The natives are excited to war and mutual depredation, for the sake of supplying their contracts, or furnishing their market with slaves. With this the wickedness begins. The slaves, torn away from parents, wives, children, from their friends and companions, their fields and flocks, their home and country, are transported to the European settlements in America, with no other accommodation on shipboard than what is provided for brutes. This is the second stage of cruelty; from which the miserable exiles are delivered, only to be placed, and that for life, in subjection to a dominion and system of laws, the most merciless and tyrannical that ever were tolerated upon the face of the earth; and from all that can be learned by the accounts of the people upon the spot, the inordinate authority which the plantation laws confer upon the slave holder is exercised, by the English slave holder especially, with rigour and brutality. But necessity is pretended ; the name under which every enormity is attempted to be justified. And, after all, what is the necessity ? It has never been proved that the land could not be cultivated there, as it is here, by hired servants. It is said that it could not be cultivated with quite the same conveniency and cheapness, as by the labour of slaves; by which means a pound of sugar, which the planter now sells for sixpence, could not be afforded under sixpencehalfpenny;-and this is the necessity / The great revolution which has taken place in the Western World may probably conduce (and who knows but that it was designed ?) to accelerate the fall of this abominable tyranny; and now that this contest, and the passions which attend it are no more, there may succeed perhaps a season for reflecting,