806 THE POPULAR SCIENCE MONTHLY. 



servants to do ? They are a disintegrated as well as an isolated class, 

 and can gain but imperfectly the benefits which arise from combina- 

 tion. Equality is the universal theory ; why, then, should they not de- 

 mand increasing privileges, and rebel against the circumstances that 

 keep them down ? 



But slow as has been the improvement of this class, and notwith- 

 standing their humble social condition, and although they are too fre- 

 quently regarded as a lower race of beings, with no rights except to 

 obey, yet they have reached a stage of progress that entitles them to 

 the protection of law, to which they are amenable also like all other 

 people. The servant-girl has a legal status just as much as her mis- 

 tress, and rights which ought to be held sacred, and, if they were so 

 regarded, one important step toward the amelioration of the relations 

 of lady and servant would be taken. 



The relation of mistress or master, as the case may be, and servant 

 is based upon contract only, and the two parties to the contract are 

 upon an equal footing so far as rights are concerned. They differ only 

 in what they agree to do one is to work, and the other to pay and 

 thereon hang all the law and the prophets. It naturally follows that 

 physical punishment can not lawfully be administered to a domestic. 

 As Chancellor Kent said, " that is not an incident of the contract of 

 hiring." It is hardly necessary to enlarge upon this right of servants, 

 as the physical punishment of a domestic is rarely, if ever, heard of. 



In the case of slavery, where the servant was owned, it was as- 

 sumed to be for the interest of the master to provide medical attend- 

 ance in time of sickness, but the free servant has no such claim. If a 

 servant-girl falls sick, the mistress is not legally compelled to take 

 steps to restore her to health. According to both Chancellor Kent 

 and Mr. Story, the party hiring is not bound to provide a servant 

 with medical attendance or medicines in case of sickness.* If a gentle- 

 man at the servant's request sends for a physician, he is not liable to 

 pay the doctor's bill unless he omits to make known who requests 

 the services, or unless he exceeds his authority, or expressly or im- 

 pliedly engages to be answerable, either by directly promising to pay 

 for them, if rendered, or by doing or saying something which justifies 

 the doctor m supposing that he engages to pay him.f 



But if the gentleman has hired a doctor, and given him to under- 

 stand that he will pay him, he is bound to pay what the services are 

 reasonably worth ; he can, however, at any time give him notice that 

 he will not be liable for further services.^ If he calls the doctor in to 

 attend the servant without the servant's request or consent, he must 

 foot the bill ; it being considered merely a generous act on his part.* 

 A lady, too, under the same circumstances becomes similarly liable 

 provided she never had a husband or has buried him. If she is still 



* 2 Kent, 298 ; 2 Story on Contr., 1,298. f 41 How - Pr - (N- Y -), 3 ? - 



% 1 Bosw., 441. * 2 Story on Contr., 1,29V. 



