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§ 4

I shall thus first examine whether it is compatible with the natural rights of mankind to force workers to accept annual service contracts. The first right of nature is that people shall be able to live, dwell and reside on earth, maintain themselves and their families, marry and multiply. That right is therefore most forcefully entrenched in both the earlier and more recent fundamental laws of the kingdom of Sweden, in the statement that the King shall not cause anyone to suffer injury in respect of life and honour, body and welfare, unless he be lawfully convicted and sentenced, and shall not dispossess or cause anyone to be dispossessed of any property, movable or fixed, without due judgment and trial. Such is the letter of emancipation that Swedish kings have placed in the hands of each one of their subjects. Fortunate is the people in whose fundamental laws these words are not a mere formality but where the welfare and property of the subjects are likewise proclaimed to be inviolable!

In what does the welfare of the poor worker indeed consist if not in the freedom to dwell and reside on earth, maintain himself and his family, marry and multiply, the property of the poor man being little else than the freedom and ability to work and obtain for himself his daily necessities? If these rights were to be denied to him, or be restricted, and he be forced into some form of guardianship, however much the guardians may extol it as being to his advantage, it is clear that he has, to a greater or lesser degree, suffered injury in respect of his welfare and that he has been deprived of some part of his property or freedom to earn a living; then the letters of emancipation will become meaningless and lose some of their real value, just as the value of bonds diminishes when they are not redeemed by those who have issued them.

There is indeed one condition in this letter of emancipation (which is humanity’s real guarantee of security from oppression), namely that they have not been convicted and sentenced for any crime, which gives my adversaries cause to assert: how can those be regarded as innocent whom the law has convicted of being vagrants, vagabonds and idlers, who have no lawful employment and ought therefore not to be tolerated anywhere in the realm? To that, however, I must first reply: This is the clearest case of petitio principii. You prove their criminality by the wording of the statute on servants, when the question actually before us is whether they are what that statute calls them. Let us therefore inquire into their criminality, in what it consists. You say: they do not accept an annual service contract but live in indolence, and in their indolence they become accustomed to all kinds of vices and debauchery, to drinking, whoring, stealing, and the like. Should such people not then be regarded as criminals, who may therefore with every justification be forced to accept an annual service contract? Here, I believe, lies the main strength of the argument (nervus argumenti) against me, in this portion. But, dear reader, may I now object: first, with regard to indolence, it is a crime that secular laws do not recognize or should not punish, as it soon penalizes its possessor with poverty and destitution, a penalty that is more protracted and harsher than bread and water in our legal code. What penalty does the lazy farmer and freeholder suffer for his indolence? The law does not punish him, but hunger and destitution will be his punishment, and he will finally be driven from his home and farm, as a sparrow is driven from the ear of grain, and that is punishment enough. If a businessman neglects his business, his punishment will be bankruptcy, so why should the humblest worker lose all his civic rights and be declared intolerable throughout the realm, or else become the prey of him who wishes to seize him? Or may I ask: who has examined and tested his indolence? In what court has the case been tried and judged? In my opinion, the party that want to have him in their service have pronounced the judgment, and how then can it be impartial? For that, you say, all that is required is that, as it can be proved that he does not have an annual service contract, he is able to be indolent whenever he wishes. Everyone else is also able to do so, yet they do not. A posse ad esse, non valet consequentia.1 He may also in his freedom be far more assiduous than many who are in annual service and is thus the only one who is often wrongfully punished with outlawry for indolence.

But when he is unengaged, he indulges in debauchery and all kinds of vices, so that it is best for his own sake if he is placed in annual service, when he will not have the opportunity for such things. Is that not a strange kind of tutelage, to force workers into annual service, male or female penitentiaries, etc. before they have actually committed any offence, merely in order that they will not commit any? Imagine if you or I, dear reader, were to be suddenly removed by force from our homes, to be kept either incarcerated in a castle or in service with some gentleman, and we asked the officers of the crown who dragged us off: Why are we being subjected to this and deprived of our freedom, what have we done? And we were then told in reply: You may not have done anything yet, but in your freedom you may soon commit some offence, so that it is better for you and for the general public to forestall such things in this way. What would we think of that guardianship? We would cry assault! assault! to arrest us before we have offended, nor am I sure that it would in fact be anything else. The legally blameless worker, however, has to lose his freedom for a supposed possibility that he may commit some offence in the future. Is that not excessively harsh treatment for a freeborn Swede? I may well be told in response: it is not a mere supposition that they may in their wilfulness commit offences; it is a truth fully confirmed by daily experience that they really do often commit them. I concede that, but are there no other subjects who offend apart from them? Indubitably there are; and yet they are not punished before but only after they have offended. Why, then, should these most humble ones not enjoy the same right?


  1. A posse ad esse, non valet consequentia: “From a thing’s possibility, one cannot be certain of its reality”.

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