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It is certain that their condition should be more favoured in the civil than in the political state; because, even in a popular government, the power ought not to fall into the hands of the vulgar.

At Rome, where they had so many freedmen, the political laws with regard to them were admirable. They gave them very little, and excluded them almost from nothing: they had even a share in the legislature, but the resolutions they were capable of taking were almost of no weight. They might bear a part in the public offices, and even in the dignity of the priesthood;[39] but this privilege was in some sort rendered useless by the disadvantages they had to encounter in the elections. They had a right to enter into the army; but they were to be registered in a certain class of the census before they could be soldiers. Nothing hindered the[40] freedmen from being united by marriage with the families of the free-born; but they were not permitted to mix with those of the senator. In short, their children were free-born, though they were not so themselves.

18. Of Freedmen and Eunuchs. Thus in a republican government it is frequently of advantage that the situation of the freedmen be but little below that of the free-born, and that the laws be calculated to remove a dislike of their condition. But in a despotic government, where luxury and arbitrary power prevail, they have nothing to do in this respect; the freedmen generally finding themselves above the free-born. They rule in the court of the prince, and in the palaces of the great; and as they study the foibles and not the virtues of their master, they lead him entirely by the former, not by the latter. Such were the freedmen of Rome in the times of the emperors.

When the principal slaves are eunuchs, let never so many privileges be granted them, they can hardly be regarded as freedmen. For as they are incapable of having a family of their own, they are naturally attached to that of another: and it is only by a kind of fiction that they are considered as citizens.

And yet there are countries where the magistracy is entirely in their hands. "In Tonquin,"[41] says Dampier,[42] "all the mandarins, civil and military, are eunuchs." They have no families, and though they are naturally avaricious, the master or the prince benefits in the end by this very passion.

Dampier tells us, too,[43] that in this country the eunuchs cannot live without women, and therefore marry. The law which permits their marriage may be founded partly on their respect for these eunuchs, and partly on their contempt of the fair sex.

Thus they are trusted with the magistracy, because they have no family; and permitted to marry, because they are magistrates.

Then it is that the sense which remains would fain supply that which they have lost; and the enterprises of despair become a kind of enjoyment. So, in Milton, that spirit who has nothing left but desires, enraged at his degradation, would make use of his impotency itself.

We see in the history of China a great number of laws to deprive eunuchs of all civil and military employments; but they always returned to them again. It seems as if the eunuchs of the east were a necessary evil.

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1. Justinian, Institutes, i.

2. Excepting a few cannibals.

3. I mean slavery in a strict sense, as formerly among the Romans, and at present in our colonies.

4. Biblioth. Ang., xiii, part II, art. 3.

5. See Solis, History of the Conquest of Mexico, and Garcilasso de la Vega, History of the Conquest of Peru.

6. Labat, New Voyage to the Isles of America, iv, p. 114, 1728, 12mo.

7. Present State of Russia.

8. Dampier, Voyages, iii.

9. Politics, i. 5.

10. As may be seen in the mines of Hartz, in Lower Saxony, and in those of Hungary.

11. De Moribus Germanorum, 25.

12. Tacitus, De Moribus Germanorum, 20, says the master is not to be distinguished from the slave by any delicacy of living.

13. Sir John Chardin, Travels to Persia.

14. Sir John Chardin, ii, in his description of the market of Izagour.

15. Book i, tit. 32, § 5.

16. The revolt of the Mamelukes was a different case; this was a body of the militia who usurped the empire.

17. Law of the Visigoths, iii, tit. 1, § 1.

18. Ibid., v, tit. 7, § 20.

19. Ibid., v, tit. 2, § 9.

20. Law of the Alemans, 5, § 3.

21. Ibid., § 5, per virtutem.

22. "Sicily," says Florus, "suffered more in the Servile than in the Punic war." -- iii. 19.

23. See the whole title of the senat. cons. Sillan., ff.

24. Leg. Si quis, § 12, ff. de senat. cons. Sillan.

25. When Antony commanded Eros to kill him, it was the same as commanding him to kill himself; because, if he had obeyed, he would have been punished as the murderer of his master.

26. Leg. i, § 22, ff. de senat. cons. Sillan.

27. Leg. i, § 31, ff. ibid., xxix, tit. 5.

28. Xiphilin, In Claudio.

29. See Leg. 3, in Cod., De Patria potestate, by the Emperor Alexander.

30. Exod., 21. 20, 21.

31. Plutarch, On Superstition.

32. See the constitution of Antoninus Pius, Institutes, i, tit. 7.

33. Laws, Book ix.

34. This was frequently the spirit of the laws of those nations who came out of Germany, as may be seen by their codes.

35. Demosthenes, Orat. contra Midian, p. 610, Frankfort, 1604.

36. Tacitus, Annals, xiii. 27.

37. Freinshemius, Supplement, dec. 2, v.

38. Exod., 21.

39. Tacitus, Annals, xiii. 27.

40. Augustus's speech in Dio, lvi.

41. It was formerly the same in China. The two Mahometan Arabs who travelled thither in the ninth century use the word eunuch whenever they speak of a governor of the city.

42. Volume iii, p. 91.

43. Ibid., p. 94.

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Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate

1. Of domestic Servitude. Slaves are established for the family; but they are not a part of it. Thus I distinguish their servitude from that which the women in some countries suffer, and which I shall properly call domestic servitude.

2. That in the Countries of the South there is a natural Inequality between the two Sexes. Women, in hot climates, are marriageable at eight, nine, or ten years of age;[1] thus, in those countries, infancy and marriage generally go together. They are old at twenty: their reason therefore never accompanies their beauty. When beauty demands the empire, the want of reason forbids the claim; when reason is obtained, beauty is no more. These women ought then to be in a state of dependence; for reason cannot procure in old age that empire which even youth and beauty could not give. It is therefore extremely natural that in these places a man, when no law opposes it, should leave one wife to take another, and that polygamy should be introduced.

In temperate climates, where the charms of women are best preserved, where they arrive later at maturity, and have children at a more advanced season of life, the old age of their husbands in some degree follows theirs; and as they have more reason and knowledge at the time of marriage, if it be only on account of their having continued longer in life, it must naturally introduce a kind of equality between the two sexes; and, in consequence of this, the law of having only one wife.

In cold countries the almost necessary custom of drinking strong liquors establishes intemperance amongst men. Women, who in this respect have a natural restraint, because they are always on the defensive, have therefore the advantage of reason over them.

Nature, which has distinguished men by their reason and bodily strength, has set no other bounds to their power than those of this strength and reason. It has given charms to women, and ordained that their ascendancy over man shall end with these charms: but in hot countries, these are found only at the beginning, and never in the progress of life.

Thus the law which permits only one wife is physically conformable to the climate of Europe, and not to that of Asia. This is the reason why Mahometanism was so easily established in Asia, and with such difficulty extended in Europe; why Christianity is maintained in Europe, and has been destroyed in Asia; and, in fine, why the Mahometans have made such progress in China, and the Christians so little. Human reasons, however, are subordinate to that Supreme Cause who does whatever He pleases, and renders everything subservient to His will.

Some particular reasons induced Valentinian[2] to permit polygamy in the empire. That law, so improper for our climates, was abrogated by Theodosius, Arcadius, and Honorius.[3]

3. That a Plurality of Wives greatly depends on the Means of supporting them. Though in countries where polygamy is once established the number of wives is principally determined by the opulence of the husband, yet it cannot be said that opulence established polygamy in those states, since poverty may produce the same effect, as I shall prove when I come to speak of the savages.

Polygamy, in powerful nations, is less a luxury in itself than the occasion of great luxury. In hot climates they have few wants, and it costs little to maintain a wife and children;[4] they may therefore have a great number of wives.

4. That the Law of Polygamy is an affair that depends on Calculation. According to the calculations made in several parts of Europe, there are here born more boys than girls;[5] on the contrary, by the accounts we have of Asia, there are there born more girls than boys.[6] The law which in Europe allows only one wife, and that in Asia which permits many, have therefore a certain relation to the climate.

In the cold climates of Asia there are born, as in Europe, more males than females; and hence, say the Lamas,[7] is derived the reason of that law which amongst them permits a woman to have many husbands.[8]

But it is difficult for me to believe that there are many countries where the disproportion can be great enough for any exigency to justify the introducing either the law in favour of many wives or that of many husbands. This would only imply that a majority of women, or even a majority of men, is more conformable to nature in certain countries than in others.

I confess that if what history tells us be true, that at Bantam there are ten women to one man,[9] this must be a case particularly favourable to polygamy.

In all this I only give their reasons, but do not justify their customs.

5. The Reason of a Law of Malabar. In the tribe of the Naires, on the coast of Malabar, the men can have only one wife, while a woman, on the contrary, may have many husbands.[10] The origin of this custom is not I believe difficult to discover. The Naires are the tribe of nobles, who are the soldiers of all those nations. In Europe soldiers are forbidden to marry; in Malabar, where the climate requires greater indulgence, they are satisfied with rendering marriage as little burdensome to them as possible: they give one wife amongst many men, which consequently diminishes the attachment to a family, and the cares of housekeeping, and leaves them in the free possession of a military spirit.

6. Of Polygamy considered in itself. With regard to polygamy in general, independently of the circumstances which may render it tolerable, it is not of the least service to mankind, nor to either of the two sexes, whether it be that which abuses or that which is abused. Neither is it of service to the children; for one of its greatest inconveniences is, that the father and mother cannot have the same affection for their offspring; a father cannot love twenty children with the same tenderness as a mother can love two. It is much worse when a wife has many husbands; for then paternal love only is held by this opinion, that a father may believe, if he will, or that others may believe, that certain children belong to him.

They say that the Emperor of Morocco has women of all colours, white, black, and tawny, in his seraglio. But the wretch has scarcely need of a single colour.

Besides, the possession of so many wives does not always prevent their entertaining desires for those of others;[11] it is with lust as with avarice, whose thirst increases by the acquisition of treasure.

In the reign of Justinian, many philosophers, displeased with the constraint of Christianity, retired into Persia. What struck them the most, says Agathias,[12] was that polygamy was permitted amongst men who did not even abstain from adultery.

May I not say that a plurality of wives leads to that passion which nature disallows? for one depravation always draws on another. I remember that in the revolution which happened at Constantinople, when Sultan Achmet was deposed, history says that the people, having plundered the Kiaya's house, found not a single woman; they tell us that at Algiers,[13] in the greatest part of their seraglios, they have none at all.

7. Of an Equality of Treatment in case of many Wives. From the law which permitted a plurality of wives followed that of an equal behaviour to each. Mahomet, who allowed of four, would have everything, as provisions, dress, and conjugal duty, equally divided between them. This law is also in force in the Maldivian isles,[14] where they are at liberty to marry three wives.

The law of Moses[15] even declares that if any one has married his son to a slave, and this son should afterwards espouse a free woman, her food, her raiment, and her duty of marriage shall he not diminish. They might give more to the new wife, but the first was not to have less than she had before.

8. Of the Separation of Women from Men. The prodigious number of wives possessed by those who live in rich and voluptuous countries is a consequence of the law of polygamy. Their separation from men, and their close confinement, naturally follow from the greatness of this number. Domestic order renders this necessary; thus an insolvent debtor seeks to conceal himself from the pursuit of his creditors. There are climates where the impulses of nature have such force that morality has almost

none. If a man be left with a woman, the temptation and the fall will be the same thing; the attack certain, the resistance none. In these countries, instead of precepts, they have recourse to bolts and bars.

One of the Chinese classic authors considers the man as a prodigy of virtue who, finding a woman alone in a distant apartment, can forbear making use of force.[16]

9. Of the Connection between domestic and political Government. In a republic the condition of citizens is moderate, equal, mild, and agreeable; everything partakes of the benefit of public liberty. An empire over the women cannot, among them, be so well exerted; and where the climate demands this empire, it is most agreeable to a monarchical government. This is one of the reasons why it has ever been difficult to establish a popular government in the East.

On the contrary, the slavery of women is perfectly conformable to the genius of a despotic government, which delights in treating all with severity. Thus at all times have we seen in Asia domestic slavery and despotic government walk hand in hand with an equal pace.