is sound Common Law of all mankind, even more so than
slavery, for it exists before slavery can be introduced.
Slavery is introduced when the prisoner of war may
be made to work,—when the tilling of the
soil has commenced; though then not always; for we
now know that slavery was introduced among the Greeks
at a comparatively late period: but killing parents
and eating enemies exists in the hunter’s state,
and at those periods when people find it hard work
to obtain food, each one for himself, to keep even
a starved body and a little bit of soul together.
Chewing our neighbor is even better, for it is older
Common Law, than the universal buying of a wife and
consequent selling of daughters which exists even
now over far the greater portion of the globe.
We take it that our species began with eating itself
without paying for the fare. Partaking of our
neighbor precedes all lex scripta, all statute
law, all constitutions. As to ourselves in particular,
whose law is the English law, we know that the Druids
sacrificed human beings to their gods; and every one
knows full well, that man, when in gastronomic contact
with the gods, always appropriates the most savory
morsels and the largest portions of the sacrifice
to himself, leaving to the ethereal taste of Jove
or Tezcatlipoca the smell of some burnt bones or inwards.
Yet there is no law on record abolishing human sacrifices.
We know, indeed, that some Teutonic tribes, when they
adopted Christianity, positively prohibited the eating
of horse-flesh, but no law ever forbade to honor our
fathers and mothers by making them parts of our feasts;
so that no lawyer of the true sort will deny, that,
to this day, the right of sacrificing fellow-men,
and the reasonable concomitant of eating the better
portion of the sacrifice, still exists. Greeks
and Romans have sacrificed men; why should not we?
That men have their individual rights is no valid
objection. Rights depend exclusively upon the
law; and the law, we have shown, does not grant equal
rights (at least, not equal destinations) to the Eater
and the Eatee; for it seems to be one thing to eat,
and another to be eaten. It was a very silly maxim
of the ancient Civil Law, That the law, the regula,
is derived from the right (jus), not the jus
from the law. Has not a Supreme Court in one of
our States lately denied to a negro even the right
to choose between liberty and slavery,—the
choice being left to him by his deceased master,—because
the creature (which, when doing wrong, is responsible
and has a will imputed to him) has no will to choose,
because it cannot have any, says the Supreme Court
of that State?