Between Slavery and Freedom Author(s): William Linn Westermann Source: The American Historical Review, Vol. 50, No.

2 (Jan., 1945), pp. 213-227 Published by: Oxford University Press on behalf of the American Historical Association Stable URL: . Accessed: 22/12/2013 10:50
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L.H I STORICAL REVI Vl. This observation of President Lincoln still holds good.101 on Sun. and the productof other men's labor.and the Americanpeople.1945 Between Slaveryand Freedom WILLIAM LINN WESTERMANN* N APRIL i8. Abraham Lincoln spoke of the vagueO~\ ness in the customary use of the word liberty. liberty.while with others the same word may mean for some men to do as they please with other men. I944. but incompatible things.but in using the same word we do not all mean the same thing.153. With some the word libertymay mean for each man to do as he pleaseswith himself. are much in need of one. No. at Baltimore. longed with all the passion of their vigorous minds.13. There are few words more vague in their connotations. I864. not only different.Here are two. 213 This content downloaded from 5. called by the same name. 2 EW January. Douleia (slavery) was something which they repudiated with all their hearts if it was to be applied *Presidential December 28. more expansible and more subject to distortion than these two-freedom and slavery. To the ancient Greeks the word eleutheria meant a combination of things which they longed to have. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions . address delivered before the American Historical Association at Chicago on The author is professor of history in Columbia University. We all declarefor liberty. just now. The world has never had a good definition of liberty. and the productof his labor.

which it is my purpose here to investigate. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions . either as an institution or as a status. either as a city-state group or as individuals. The concept of slavery. this is a strange remark for Chrysippus to have made. applications of their terms servitus and libertas. out of its context. as Chrysippus says. as wage-earners in the interest of their masters. Just as we do. For Greek slaves as handicraftsmen could. however. the world was not a place inhabited solely by free persons and slaves. it states. exist between the two in their mutual aspect of human beings. But they were seldom lifelong hirelings and never hirelings of their own masters. and the individual and legal. Friendship. "Between Slavery and Freedom. cannot exist between a master and his slave as slave." is adapted from a statement of the Greek lexicographer. which will here be followed. The well-known phrase of Aristotle in the Nichomachean Ethics that the slave is an implement with a soul is not a definition. Julius Pollux-metaxu d'eleutheron kai doulon: "Between free men and slaves stand the Helots of the Lacedaemonians and the Penestae of the Thessalians. It is this group of persons. be leased out to others by their owners as hirelings. in fact. one looks in vain for a satisfactory definition of slavery. Through the entire range of ancient literature. part slave and part free." As quoted thus by Seneca. as to the ancient Greeks at large.153. No doubt the context gave it a different meaning. primarily in the field of Greek and Roman life to which the phrase of Pollux applies. Equally useless to us as a definition is the statement which Lucius Annaeus Seneca attributes in his essay upon benefits to the Stoic philosopher Chrysippus.101 on Sun. occurring in a closely knit argument regarding friendship and justice in political relations.2I4 William Linn Westermann to themselves. or to the will of several persons if the ownership be multiple." To Pollux. is that of its precise and limited legal meaning. The Romans did no better than the Greeks in maintaining distinctions between the political. indeed. because the enslaved person is merely a tool of the master's economic life. the Greeks failed to distinguish the political and other collective aspects of freedom and enslavement from their application in the sphere of the individual's choice of his field of personal effort. It is not within the scope of the discussion to consider the enslavement of This content downloaded from 5. and this was done in many cases known to us. It is a description by metaphor of what a slave is. The title of this address. is a life-long hireling. that is. the complete subjection by ownership of one individual human being to the will of another single human being. Between men of these extremes of status stood social classes which lived outside of the boundary of slavery but not yet within the circle of those who might rightly be called free. It may.13. "The slave.

Pythian sale to by missions The enslavedpersonshad savedmoney.the Greekwhom Galsworthy him.153.C."Heraclitus into English understandably it with three words. reportsof manusacredprecinctat Delphi. for makingeithertransition of our recordshas determined The chancewhich rules the preservation knownto us. about a thousandwell-preserved 20I B. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions .by overtimework. The purposeof the transactioncarriedon through the god as or as a purchase "forfreedom.incisedupon the walls of the ancientservileconditions.earned."It has been the custom to call these operations This content downloaded from 5.The enslavedare so obviouslyself-understood of slaveryas a socialand economic lack in antiquityof any deep abhorrence of the ancientstrucevil may be explainedin part by anothercharacteristic into This is that the changeof legal statusout of enslavement ture of slavery.Nor could they legallymake a contract into libertyby self-purchase the slaveswere comfore in caseof a redemption pelled to resortto trust purchaseof themselves.whateverthesemight be. The slavescould not legally Thereof purchase. which can be transferred fate.13.Between Slavery and Freedom 215 peculiarities Nor does it includespiritual totalitiesunderpoliticalsubjections.It is recorded trusteeis often expressly "to the end of freedom." stated. speakof a slave"problem" one cannotcorrectly of the systemexplainswhy Plato in his plan of the good life ing acceptance did not need to mention the slave class. life as the reversetransitionover the shortpassagefrom individualfreedom of action into the constraintsof nonfreedom." lieseveryman's in six: "Inhis personality economic The institutionof slaverywas a fact of ancientMediterranean life so completelyacceptedas a part of the labor structureof the time that This unquestionin antiquity.This is the servitudeto oneself which John Gals"All are in bond so well at the end of The Patrician: worthyhas described to their own naturesand what a man has desiredshall in the end enslave said paraphrased. the followingthreecenturies. was as constantand as easyin Greco-Roman by way of some god. from of liberation which insulategroupsor individualsfrom the attainment of their themselvesand their inner naturesor from the manifoldconstraints own lives and conditions. of Ephesus.hence of their freedom.It was as depictedin the Republic there. Fortunately is most completely thatone methodof manumission this one happensto be most illuminatingregardingthe entire structureof For therestill remain.and the methods employed weremany. through in time from These range Apollo. of theirowners.with permission ters' assignmentto the slaves of a portion of their earnings as artisansor workersin theirtrades. or by the masof course. liberty. havethis money.101 on Sun. utopiasof the Hellenisticpoliticaltheoriststhe the Just so in simply that they are not mentioned.

13.according full.It is of some importance or "simulated" 'fictitious" are trust sales. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions . .The documentsdefinitelystate this." ratherthan intrinsic The thirdand fourthof theseelementsareprivileges. Witnesses." Obviouslythe verb of the formerconditionof "to run away"is a residuumor a reminiscence For this elementof the fourDelphicfreedoms of the new freedman.Roughly speaking. This content downloaded from 5.individuallibertyconsistedof the possession freedomof economicactivity.son of Mesateus the pricein and he has received by race. has sold to PythianApolloa femaleslavenamed Crato.andrunning doingwhatever seizure by anybody. of four things.He may work at whatever In otherwords. Irene.which the free man enjoys.Armenian as Irenehas son of Erato. Nicarchus.for threeminassilver. to the end thatshe is free and not subject entrusted the purchase offto whomsoever shemaywish. adjective. this protectionfrom of the rightof habeascorpusin the English seizureis the equivalent arbitrary it into a single comprehensive compresses language commonlaw..The literaltranslation that he may "run away to whomsoeverhe may wish. One finds in their analysis that they of individualliberty. of four freedoms-status. to to the god.C. tury earlierthan its existencein Greek law had heretofore and names of witnessesthe followWith omissionof the annualofficials dated in the year I54-I53 B. and in these documents to a point a cenbackward of the trustcarried we may see the Greekpractice been recognized.Sometimes manumissions the Greekphraseis again characteristically house where he desires. servitude phrase "spatialmobility. manumission.clearlystatedin severalhundreddocuments.therefore.The firsttwo conceivedof individuallibertyas the possession are legal status as a protectedmember of the communityand immunity from arbitraryseizure or arrest. seizable. inviolability."In the Delphic we may use the differentiating simple. form the freedman the that may it is expressedin he wishes. shemaywish. rights."The option of the employeewhich is now called "occupational is of accordfreed to movement the that person fourth privilegeopenedup this is of the phraseexpressing ing to his own mobility.153.Conversely.101 on Sun. This formula seems to have been devisedat Delphi by the local priestsof Apollo. ing exampleis a characteristic liberation: complete of effect immediate with . he desiresto do.2I6 William Linn Westermann to insist that they sales.personal in their assessment. . movement. The Greek meaning"unin literaltranslation The ex-slaveis now anephaptos. The names of the witnessesare given. slaverywas right of unrestricted the lackof is his right to choosehis own line of economicactivity. Guarantor [of the sale].To Morerarelyit is said that he may dwell in whatevercity-state the Delphic priests.

lived. so long as Theuxenus service]with Theuxenus [indentured paramone If she as she is able.In orderto carryout the obligationsto she must continueto reside her formerowner.13.. durafor the this right of her exercise upon restrictions accept has agreedto tion of the periodof her indenture.. entrusted just as Stration paramone clauseit is signifwith contractual In this typicalmanumission Stration. underthe following bornin Apamea. "suspended" more closely the obligationsassumedby the indentured They approximate the servantsof Americancolonialdays..153.The we know from more than twenty releasesof freedmen for the formerowner.101 on Sun.Mostfrequentlythese obligationsare contractually god.. Let Stration god to the end that she is freeand not subject maylive. As Pollux those who had it and a formidable said seven centurieslater:"Betweenfree men and slavesstandthe Helots of It was generally and the Penestaeof the Thessalians. let it be possible of herselfand be free. insofar thatis ordered.withoutcomplaint. slavenamedStration.The freedperparamone' a Greek the in called in manysimilarparamone' in the city or town in which her ex-owner manumissions. The price conditions. As a matter the to trust in slave his sold had who owner the of pectancy reducedto a periodof from were customarily of fact these life expectancies two to ten years.according be in to seizure.Only the salientpartsof a typicalexampleof such a manumission bondageservices with continuing can. she may wish and runningawayto whomsoever doing whatever the purchase to the god. In the Greek temple manumissions a part of the paymentmade by the freedmanfor servicesactuallyrepresent his liberty. and his former son thereinagreesto continueto carryon certainservicestowardhis former set for the life exowner. And for Theuxenus to do so. Theuxenus.Between Slavery and Freedom 217 About one fourth of the Delphic grants of libertypresenttrust sales to betweenthe new freedman arrangement the god and containa contractual clause." the Lacedaemonians was more Lacedaemonia Helots of concededthat the bondageof the half-free This content downloaded from 5.begiven here: Apolloa woman has soldto Pythian an Amphisian son of Technon. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions . icant that mobilityis recognizedas a legal right. into the historyof Greekslaveryit becomesapparent Workingbackward centuryhad alfrom Thucydidesthat the Greeksof the fifth pre-Christian to importance of right a was mobility spatial view that ready adoptedthe lack to those who had it not. which she had undertaken.havingfull control shoulddie... let Stration if Theuxenus she may wish. undertakings fromtheircontractual or of this type are seldom to be explainedas "deferred" Manumissions grantsof libertyas they arecommonlycalledby modernscholars. to the the purchase has entrusted as Stration paidis five minassilver. doingeverything whensheis able by Theuxenus of whathasbeenordered shouldnot do anything to punishher as he maywish.

13. who ruled Egypt after Alexander. Against the full of the doctrineof frightfulness slavesthere was no such savage application as.He did not need to amplify the idea for his Greek readers. This is clear in Thucydides'accountof the rewardgiven to in a Thraciancampaignin 424 those Helots who had fought courageously B.fromthe Hellenisticeastern It should not be surprising. Dion of Prusa. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions . disposed Expandedit meantthat the artisan. when we read in the Mediterranean.meaning free artisans. The whole concept of labor and life involved is Greek. In his essay "Regarding Dion says:"Tensof thousands of peoplewho are free Slaveryand Freedom" enslaved. The Spartan Apella voted that those Helots who had fought with "shouldbe free and shoulddwell whereverthey wished. decrees of the MacedonianPtolemies."or when they speak of the purchasein This content downloaded from 5.Lycon. with manumissions them grantedby civil action. Plato showedthat he was conversant thoughhe would have with continuingbondageservices."Under the Greekidea freedomand enslavement mergedone into the otherover a vast partof life. In these testamentsthe liberationswere effected by voluntaryaction of the slave owners. When writinghis Stateof the in a condition of limited slavery. Straton.2I8 William Linn Westermann onerousthan full enslavementat Athens or about Delphi.For that precisereasonhe is useful to us.C. therefore.sometimeson terms sell themselvesso that they are contractually This is the atwhich are not very easy. For each year the Ephors declaredwar upon the Helots so that these officialsmight initiate martiallaw in dealingwith the group without being called to accountlater Under ordinarycircumby the Spartiates. Manumissionsof this classactuallyarehandeddown in the wills of the philosophers of the PeripateticSchool-Aristotle. about "debtorslaves who are free." titudeof a man.153."Since they Brasidas had alreadya recognized statusundertheirHelot condition.because"law peculiarly is a masterstandingover them. collectively applied.of a betterthan averagetraining. said of first-rate at the turn of the first Christiancentury.Men are not completelyfree.was displayedagainstthe SpartanHelots.the new element of the freedom given to them was their right of movement. for example. but are very harshin all respects.was not a philosopher quality. of two of the four elementsof his free status.101 on Sun.but by his own volition and for a temporaryperiod. for a militaryactionnot approved stancesdeprivationof their right to move was the bond employedin constrainingthem.when he made a work contract. and others. which explainsa statementof Aristotle manumission It is this paramone' to the effect that craftsmen. not by trust purchasethrough a god.

with in the oil monopolywere free men." Where the line of cleavageis so lightly markedthe conceptsof free and enslavedflow with easy transition one into the other.In these laws the nome (provincial)officials to were enjoinednot to permitthe men appointed work in the processing shopsof the governmentoil monopolyto move out of the nome in which they worked.with a partialmonopolyin the field of textiles. for instance.under contract.which are specifcontracts.but their mobility.C.153. temple refuge or to any secularprotector.workingundera contract employees the government.the Ptolemiesagain set up legal limitationsupon the right of movementof their subjects. and in this case one numerically much larger.remainingin the places [designated] for those engaged in working the soil.the word for their releaseby This content downloaded from 5.Out of a documentdated I07 B. the wife often agreesnot to absentherselffrom the icallyGreekin character.was restricted to the nomein whicheachone of themlived.entitledPhiladelphus. that is.101 on Sun.If they shouldcrossover from one nome who held the to anotherthey were subjectto arrestby the concessionaire These contract to producethe oil in that shop or by the highernomeofficials. They set up a group of state monopolies. in the precinctof the Serapistemple were from the worldby devotingto the god their personswho isolatedthemselves right of free movement. In the case of still anotherfree group.The revenuelaws of the secondPtolemy. These were the royalpeasants who worked. the following translation of the peasants'oath is taken: "I will be visibledailyfor you and for the agentsof the Queen. home by day or by night without her husband's consent.In their contractsthe peasantsswore upon oath that they would remaineach year upon the farm landswhich they workedfrom the time of the plowingand sowing throughthe time of deliveryin kind of their rent. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions . his physicalfixationat a given place. without recourseto The obligationto work. were put into effectin 259-258 B.called here a consethe bindingof the peasantto his occupation quenceof.13.Between Slavery and Freedom 2I9 their Palestiniandependency. appears The recluses. includingoil productionand banking. and inseparable from. the agricultural lands of the Ptolemaicgod-kings.both occupational and spatial.Significantly.C. In still other ways the situationin Greco-Roman Egypt reflectsthe fact that the limitationof the privilegeof free movementwas a vital principlein of the relationsbetweenthe Egyptianstateand its the processof adjustment In those Egyptianmarriage subjects." as statefarmer. Voluntarily they restricted themselves to residence in the sacredprecinctuntil they shouldreceiveagainfrom the god theiroption of going whither they pleased.a provisionwhich to be whollyeconomicin its motivation. of "free personsof the lower class who are slaves.

"is the natural capacity of doing what each person pleases unless he is prohibited from so doing either by force or by law.This Romanfailureto assertthe of the conceptof mobilityis strikinglyconveyedin the definition importance of libertywhich emanatesfrom the legalistFlorentinus.In both casesthe Greekword for the release is apolysis. as it was exercised over his wife and the blood members of the family. When a slave was manumitted. This content downloaded from 5. His former dominus became his patronus. The Roman legalists came to define this power. This structure of the great household. in all of its forms. writing somewhere in the period I40-220 A. as freedman he moved into a position similar to that of a client in the family organization. lay under the supreme authority of the pater familias. With every people among whom arise the problemsof liberty and encroachments upon liberty. all the children. or owner's authority. why does it fail to appear in Roman legislation and Roman discussions of slavery? The answer seems to lie in the fundamental position of the familia in Roman society. Since the freedman now rose out of the level of his former servile domination into the range of the patronal domination of the clients it was an easy shift of the control over his right of movement from the old dominica potestas to the patronal authority which the head of the household maintained over his clientage. to which he had agreed. including the wife. over the slaves of the great household as dominica potestas." Here the Greek idea of unhampered mobility as one of the ingredients of freedom is completely lacking. then.101 on Sun. the clients.153. In his Elementa Philosophica de Cive Thomas Hobbes averred that slavery. and slaves. might be expressed entirely in terms of freedom of movement. "Liberty. Also the clients of his household were indirectly affected in their freedom to move by the custom of salutation of the patroinus at his place of residence at fixed intervals. In Roman slaverya surprisingalterationpresentsitself in the conceptand the discussions of enslavement from those which the Greekshad developed. the privilege of unobstructed movement seemed so important a factor in the substance of human liberty to the Delphic priests and to Thomas Hobbes.D."said Florentinus. Among the Romans one fails to find any trace of emphasisupon freedom of movementas a partof the idea of liberty. The pater familias had controlled the work services and the movements of his slaves. as patria potestas. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions .the free choices and the negationsof these free choiceswhichdistinguished freedomfromnonfreedom mustnecessarily differ. If.upon his economic activitiesand his privilegeof free movement.220 William Linn Westermann the god from their local fixationis the precisetechnicalterm which is used in the Delphic manumissions when a freedmanunder bondageservicesis liberated from the infringements.13.

The Greek slave. Both the reverent obedience and the labor services were to endure throughout the life expectancy of the freedman. the binding of the collegiae. their nativity. Slaves could not have it.Between Slavery and Freedom 221 At some time in the later Republic Roman legislation fixed upon a term called obsequium. a number of fundamental differences between Roman slavery and manumission and their results from those developed among the Greeks. Roman law refused to recognize partial freedom.153. through statutory restrictions upon that very feature which they failed to recognize. for example. Part slave. In an imperial constitution one reads: "To the members of the workingmen's corporations it is not permitted to live beyond the boundaries of their city. T'he social structure thus created was not a slave system.101 on Sun. Professor Rostovtzeff. Half slave. paid not the slightest attention to mobility.13. to the point of binding the great mass of their free subjects to their jobs. was an accepted dictum of the Roman law. Thus the fiscal system of the Roman Empire bound its farmers and handicraftsmen to their work by restricting their mobility to the places of their domicile. by local groups belonging to the same town or city. in the end. half free. if owned by two masters. By long custom these skilled craftsmen had tended to associate. to characterize the correct attitude of the freedman toward his former owner. These were called operae. which was that of collecting the taxes in their districts and of paying these in to the state officials. Despite this complete neglect of mobility in their theory. since it created them. T'he first step was to bind them to the towns in which they worked. to the places of their legal residence. in its turn. The Romans. Then came. The peasants of the empire were eventually nailed down at the place of their origo." The right to move away was gone from the craft workers. published in his younger manhood by a former president of our Association. in the highly co-ordinated system of the empire the Romans in their ruling practicecame. the craftsmen groups. reverent obedience. naturally enough. and thereby to the places of their domicile. full slave. It is this Roman rigidity'which explains. whether this explanation be right or wrong. It also fixed in precise terms what the bondage services were to be which were required of all freedmen. This fact has long since been presented in his brilliant studies of the Roman colonate. It seems more aptly to fall within the scope of "involun- This content downloaded from 5. T'hereafter it fixed the well-to-do classes also to the locale of their responsibility. Freedmen and clients simply did not have it. could be freed in the part owned by one of them and retained in enslavement in that part belonging to the other. As compared with the contractual agreement between the former slave-owner and his present freedman in the Greek paramone'manumission the Roman statutory fixation of these services was rigid. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions .

meaning only "registeredfarmers.. ascripti glebae. the Apion-Strategus family of the fifth and sixth centuries.D. they were to be arrested and sent to him for punishment. Theodosius. with their managers." Mention of the services due from him as workman of the estate is rare. in its eastern sectors. put its clamps upon the mobility of its free.Without questionit widenedenormously and economicareabetweenslaveryand freedomand confinedthereina much greaterproportionof the subjectpopulationthan ancient slaveryhad ever done.101 on Sun. In these documents the managers sometimes report upon new tenant farmers and give guarantees for their permanence upon the estate. always brief in statement.13. datable between 384 and 389 A. we have a decree of the Roman prefect of Egypt regarding persons who had left their native districts during a peasant revolt in order to escape the burdens of compulsory government services. The old Greek term of the indentured freedman's condition-paramone'-continues in use in the east regarding these farmers. Considered also from the point of view of the later imperial constitutions the term commonly applied to these peasants. and the localization consequent upon it." Sometimes there is this addition: "And never will he leave the same nor go apart into another place. We have a large body of correspondence between the great estate owners in Egypt." is none too exact." Again. and Arcadius. as directed.153. A decree of Valentinianus. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions .D. This is a characteristicexample of the way in which the empire."Their registration. The outstanding clause is invariably the same. and even more its customary translation. From I54 A. The Greek term for the coloni of the eastern part of the empire was enapographoi georgoi. leading lives of wretched brigandage. The manager engages that the peasant whom he has registered upon the estate will "remain without intermission and spend his time upon his holding with his family and his wife and herds and all his possessions. like hearthless and homeless men.222 William Linn Westermann to our Contary servitude" as that term is used in the thirteenthamendment the expanseof the social stitution. puts it thus: "A law passed by our ancestors detains the coloni by a kind of eternal right so that they are not permitted to depart from those places whose fruits nurture them nor to desert those places which they have once undertaken to cultivate. non-Roman subjects. "bound to the soil. The prefect ordered such persons to return to their homes and not to wander about in parts of Egypt foreign to them. If they should not return. was one which attached the peasant to the village of his registration. under Honorius and Theodosius an imperial re- This content downloaded from 5. and obviously secondary to the elimination of his right of movement.

presumablyfrom the upon the Apion-Strategus of will the the big only at or for an undefined period terminable estates. formula of the secondcentury In symbolicform the acquiringof mobilityby a new freedmanappears in a Lombardmanumission ceremonyof the ninth centuryof our era. in the LombarddocumentsgrantThis is also found. The Thence he slavewho was to be freedwas takenby his owner to a crossroad." emphasis in the legislation. out the useful servicesenjoinedupon them in full measureas far as they can do so. In the Germaniclaw of Henry I the right is statedthus: "He who manumitshis slave . againreproducing B.just precedingthe Mohammedanconquest.C.In Bavarianlaw the slave. . in the majorityof the preserved big eitherfor the life expectancy of the tenants. nevertheless thought to be slavesof the groundfor which they have been born and they have not the capacityof departingwhither they wish or of changingtheir of the In all of these imperialdecisionsit is the loss of self-mobility places.Greek leasesof the peasantsdealingwith the farms of the are extended documents.the Latin form of the formulaand Greekparamenein which appeared in the Delphic manumission in the later Greek developments of the half-freepeasantsand handicrafters.101 on Sun."Manre-"to remain"-is the verb found here.Between Slavery and Freedom 223 script declares:"We have orderedthem so to adhereto the soil that they ought not to be moved away from it for even a moment. was permittedto go upon whicheverof the four roads he might choose."The legal terms of this statement again seem to have been taken over-through Byzantinelaw. great to proceedthroughopened gates and departin whateverdirectionhe may desireto walk. upon individualfreedomof movementwhich seemedso The restrictions in the canonsof the churchreimportantto the priestsof Apollo reappear In 633 A.In such contracts He movedout when thrownout. is to establishfor him roadsthat are free. in explicitexpression. tenantry. the colonushad no voice aboutchanginghis be free men.if a Roman."Anotherrescript they are says:"Granted that they seem. carrying patronage of the Churchwith their peculia and their descendants. of the The compulsory laborsin the churchcanonare limitedto the capacity an ideapresentin the Delphic freedmanto carrythemout. the made by membersof its priesthood. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions status. .13. coloniwhichreceives In Egypt of the sixth and seventhcenturies. that as free personsthey remainunder that they had acquired. assigil This content downloaded from 5.D. spectingmanumissions Councilof Toledo ordainedthat priestsmight liberatea part of the slaves "in this wise. ing liberty to slaves: "Let him have license and power to walk from the crossroads and live where he may wish.

In all of the groupswhose statuslay betweena fairly completelibertyof actionand total enslavement two phenomenaare Englandin the seventeenth centuryin the application were not admittedby laborers poor laws.though with manifold differentiations. The firstis that all of the groups had fixed rights which were fully acceptedby social custom and legally The second lay in the fact that all of them were either reacknowledged.The engagement enteredinto is that the bonded person "lives in the family" or the of personswho were fixed creditors. in that precisedomain.Fixation of labor by contractual or statutoryinfringementsupon its mobility as a constantof the methodsof laborcontrol." The restrictions upon movementappliedto the villeins and serfs in the medievalmanorialorganizations of Franceand Englandhave long since become textbook cliches. any right respecting choiceof domicile.153. though widely divergingin its details.and his the limited opportunities werereallycontrolled of thatparish. we have a statusof nonfreedom in theirlives betweenslaveryand freedomand tied by restriction upon choice of habitation. For fiscalreasonspoverty-stricken one parishfrom another.224 William Linn Westermann open gates and place in his hands a lance and a sword or whateverare the armsof freemen. In all of these manifestations loss of the right to move freelyis the common denominator of theirpartial enslavement.101 on Sun. through the period of declining serfdominto moderntimes. for exthough quite without design. Again.debtorsbonded themselvesor their dependents. It may easilyhappenthat restrictions may be placedupon the privilegeof voluntarymobilityfor reasonswhich lie quite aside from any motivationof labor control and that these may produce results of primaryimportance.lest they add to the burdenof the localparishrelief. default in payment. in Hungary until the right of free movementwas restoredto the agricultural laborersin 1838.Restrictedin his right of movementthe ordinarylaborerwas dependentupon of local employmentin his own parish. a similargeneralpatternreappears. strictedin. liberties by the officials This content downloaded from 5. in Poland under the Wisluga system. Rarely could the villein leave the plot which he cultivated. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions .13. of the parish ample. or completely deprivedof. As a result of this the poor could not move from their home parishes.Under the seems to reappear Russianand Uigur systemof the kabalas from the thirteenthto the sevenin case of teenth least if he wished to take with him his livestock and other belongings.Throughoutthe Middle Ages. In early Germanic serve their creditorsin lieu of interest.This occurred. and spatiallyfrom Russiato the BritishIsles. as in the Greekparamone of freedmen. we find the same general method employedfor the immobilizationof labor.

so far as I know. It was probably becauseof this eliminationof the slaves'abilityto move and the restrictions placedupon the Negro freedman's right of mobilitythat Mr. placedimportant checks upon the free movement of their populations.In the New England statesthey remainedunderthe necessityof shovwing a pass if they wished to go beyondthe boundsof the town in which they lived or to appearupon the streetsafter nine o'clockat night.Under powers of compulsionaccededto by their subjectsthe governmentsof the United Statesand GreatBritainhave. for the periodof the war. both spatially and imposedby generalconsent.applyingchieflyto the free right of travelof the generalpublic. freedmanwas permittedto remain in that state in which he had lived as slave. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions . far-reaching are placedupon individrestrictions ual mobilityof all the populationand acceptedalmost without complaint. to emigratefrom the areaof the state'sjurisdiction within ninety daysaftermanumission." In the pursuit of some compelling ideal in times of peace. In Virginiait was within a year.was led to recognizethe loss of mobilityas one of the six "inseparable of the institution incidents of slavery. be decreedwithout consultationwith those againstwhom they apply. so far as the state laws were is true. in principle.Applicationof these laws was practically the last This content downloaded from 5. Quite asidefrom the imperiouscompulsions of the war effort.Alabama.htof petitionto the county court or to the state legislature. and more drastically underconditionsof warfare. With the supportof character recommendations by white persons suchpetitions for permission to staywerecustomarily and the colored granted.101 on Sun.and Floridathe time permitted for emigration was not specified in the respective state codes. restrictions upon the right of movementof Negro freedmenin the United Statestended to immobilizethem in the areabetweenlibertyand slavery. In some statesof the South in the early nineteenthcenturythe conditionsimposedupon freedmanmovementwere his opinionwrittenin 1883 uponcivil rights cases. nevertheless in democracies they are to be regarded. In some statesimmigration of free Negroes from other stateswas forbidden.In severalstateslegislative compulsion was put upon the freedNegro requiringthat he move. In the United Statesthe limitations upon mobilityimposedupon our peoplehave not been onerous. by resortto the rig.when unusualpowersof compulsion aregrantedto governments. Althoughthese restrictions must often. JusticeJoseph P. Bradley. to the Americanscene.153. has been carriedout upon a wide scale.In Tennessee. in wartimes. In North Carolinathe manumittedNegro was forced.Between Slavery and Freedom 225 As much as any other discrimination upon them.In Britain mobilization and transfer of its laborpotentialby government.

It may serve." By thesewordsthey recognizedthe continuedexistenceof actualslaveryand that conditionsof laborcompulsionwere at hand which lie just beyondthe of enslavement-and furtherthat a little changemight transform boundaries these into slave conditions.226 William Linn WYestermann two decadesinfringementsupon the mobility of employeeshave been appearingin the United Stateswhich have projectedthe problemof the right of free movement into a new sphere.slaveryand even helotage. in othercases.still persistthe word enslavement denotesanotherbundle of restrictions upon personalliberty. have disappeared in most partsof our modernworld in the sense that they are no longer condoned or acceptedby advancedworld of the slave system.determines the questionof the layoff and of rehiringupon the job when businessrevives. but they still are shackleswhich bind peopletogetherin the unav6idshackles-the necessary able processof adjustment betweenhuman beings who must work togedher This content downloaded from 5. The locale of this projectionlies entirely outside the boundariesof slavery and quite beyond the limits of anythingwhich can correctly be classedas helotage.and those who employ emphasizethe historicalcontinuance of restrictions upon spatialmobilityas a methodwhich is constantly and easilyemployedin the fieldof the relations betweenlabor.of the seniorityrule.The desire for securityin the job dictatesthe resultthat the seniorityrule tends to operate againstthe union member'sdesireto move from his presentjob or to changehis domicileto a new localityin searchof betterconditionsof living andof employment.which lies just beyondthe periphery of enslavement. under agreement with the employing companies." Accordingto the intent and application of this phraseof JuliusPollux.deriving from laborcompulsion.One who acceptsa position in anothershop loses the senioritywhich he had in his previous job and plant.Fragile they may be. opinion.whetherfree or enslaved. The sovereignstatessignatoryto the SlaveryConventionadoptedby the assemblyof the League of Nations in I926 pledged themselvesto abolish and as soon as possible"and "to preventcompulsory slavery"progressively and enforcedlabor from developinginto conditionsanalogcous to slavery. nevertheless. At the first depression affectingthe trade in which he is engaged he may be laid off along with any juniorin the new plant. Under this type of agreementseniorityin the plant a department of the plant.153.101 on Sun. The ancientwordsare the same.13.Except where actual private slaveryor semiservileconditions. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions .however. The vocabulary remainsin constantuse.The new application appearsin the adoptionby some of the laborunions in the United States.but theircontentis different."Betweenfree men and slaves stand the Helots and the Penestae.

becomesa vital factor in the stabilizing of the relations betweenwork-giver and worker. 22 Dec 2013 10:50:18 AM All use subject to JSTOR Terms and Conditions .infringements upon freedom of movement.153. In either case the free optionof movement.are a first recourse of the empowered partyin the combination. In the application of this appliedto individualsor to social groups. This content downloaded from 5. They may be imposed by externalcompulsions or they may be self-applied.13.Between Slavery and Freedom 227 in their socialrelations.As such an instrumentality the priests of Apollo at Delphi isolated it over two thousand yearsago and clearlydefinedthe importance of the optionof movementas one of the fouressentials of humanfreedom.The necessityof adjustment is the constantin these an instrumentality in the process.101 on Sun.

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