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12. INVOLUNTARY OR COMPULSORY SERVICE. A juryman is empannelled against his will, and sit he must. A sheriff orders his posse; bystanders must turn in. Men are compelled to remove nuisances, pay fines and taxes, support their families, and "turn to the right as the law directs," however much against their wills. Are they therefore slaves? To confound slavery with involuntary service is absurd. Slavery is a condition. The slave's feelings toward it cannot alter its nature. Whether he desires or detests it, the condition remains the same. The slave's willingness to be a slave is no palliation of the slaveholder's guilt. Suppose he should really believe himself a chattel, and consent to be so regarded by others, would that make him a chattel, or make those guiltless who hold him as such? I may be sick of life, and I tell the assassin so that stabs me; is he any the less a murderer? Does my consent to his crime, atone for it? my partnership in his guilt, blot out his part of it? The slave's willingness to be a slave, so far from lessening the guilt of his "owner," aggravates it. If slavery has so palsied his mind that he looks upon himself as a chattel, and consents to be one, actually to hold him as such, falls in with his delusion, and confirms the impious falsehood. These very feelings and convictions of the slave, (if such were possible) increase a hundred fold the guilt of the master, and call upon him in thunder, immediately to recognize him as a MAN, and thus break the sorcery that cheats him out of his birthright—the consciousness of his worth and destiny.
Many of the foregoing conditions are appendages of slavery, but no one, nor all of them together, constitute its intrinsic unchanging element.
ENSLAVING MEN IS REDUCING THEM TO ARTICLES OF PROPERTY—making free agents, chattels—converting persons into things—sinking immortality into merchandize. A slave is one held in this condition. In law, "he owns nothing, and can acquire nothing." His right to himself is abrogated. If he say my hands, my body, my mind, MYself, they are figures of speech. To use himself for his own good, is a crime. To keep what he earns, is stealing. To take his body into his own keeping, is insurrection. In a word, the profit of his master is made the END of his being, and he, a mere means to that end—a mere means to an end into which his interests do not enter, of which they constitute no portion[A]. MAN, sunk to a thing! the intrinsic element, the principle of slavery; MEN, bartered, leased, mortgaged, bequeathed, invoiced, shipped in cargoes, stored as goods, taken on executions, and knocked off at a public outcry! Their rights, another's conveniences; their interests, wares on sale; their happiness, a household utensil; their personal inalienable ownership, a serviceable article or a plaything, as best suits the humour of the hour; their deathless nature, conscience, social affections, sympathies, hopes—marketable commodities! We repeat it, THE REDUCTION OF PERSONS TO THINGS! Not robbing a man of privileges, but of himself; not loading him with burdens, but making him a beast of burden; not restraining liberty, but subverting it; not curtailing rights, but abolishing them; not inflicting personal cruelty, but annihilating personality; not exacting involuntary labor, but sinking man into an implement of labor; not abridging human comforts, but abrogating human nature; not depriving an animal of immunities, but despoiling a rational being of attributes—uncreating a MAN, to make room for a thing!
[Footnote A: To deprive human nature of any of its rights is oppression; to take away the foundation of its rights is slavery. In other words, whatever sinks man from an END to a mere means, just so far makes him a slave. Hence West-India apprenticeship retained the cardinal principle of slavery. The apprentice, during three-fourths of his time, was forced to labor, and robbed of his earnings; just so far forth he was a mere means, a slave. True in other respects slavery was abolished in the British West Indies August, 1834. Its bloodiest features were blotted out—but the meanest and most despicable of all—forcing the poor to work for the rich without pay three fourths of their time, with a legal officer to flog them if they demurred at the outrage, was one of the provisions of the "Emancipation Act!" For the glories of that luminary, abolitionists thanked God, while they mourned that it rose behind clouds and shone through an eclipse. [West India apprenticeship is now (August 1838) abolished. On the first of the present month, every slave in every British island and colony stood up a freeman!—Note to fourth edition.] ]
That this is American slavery, is shown by the laws of slave states. Judge Stroud, in his "Sketch of the Laws relating to Slavery," says, "The cardinal principle of slavery, that the slave is not to be ranked among sentient beings, but among things—obtains as undoubted law in all of these [the slave] states." The law of South Carolina says, "Slaves shall be deemed, held, taken, reputed, and adjudged in law to be chattels personal in the hands of their owners and possessors, and their executors, administrators, and assigns, to ALL INTENTS, CONSTRUCTIONS, AND PURPOSES WHATSOEVER." Brev. Dig., 229. In Louisiana, "A slave is one who is in the power of a master to whom he belongs; the master may sell him, dispose of his person, his industry, and his labor; he can do nothing, possess nothing, nor acquire any thing, but what must belong to his master."—Civ. Code, Art. 35.
This is American slavery. The eternal distinction between a person and a thing, trampled under foot—the crowning distinction of all others—alike the source, the test, and the measure of their value—the rational, immortal principle, consecrated by God to universal homage in a baptism of glory and honor, by the gift of his Son, his Spirit, his word, his presence, providence, and power; his shield, and staff, and sheltering wing; his opening heavens, and angels ministering, and chariots of fire, and songs of morning stars, and a great voice in heaven proclaiming eternal sanctions, and confirming the word with signs following.
Having stated the principle of American slavery, we ask, DOES THE BIBLE SANCTION SUCH A PRINCIPLE?[A] "To the law and the testimony?"
[Footnote A: The Bible record of actions is no comment on their moral character. It vouches for them as facts, not as virtues. It records without rebuke, Noah's drunkenness, Lot's incest, and the lies of Jacob and his mother—not only single acts, but usages, such as polygamy and concubinage, are entered on the record without censure. Is that silent entry God's endorsement? Because the Bible in its catalogue of human actions, does not stamp on every crime its name and number, and write against it, this is a crime—does that wash out its guilt, and bleach it into a virtue?]
THE MORAL LAW AGAINST SLAVERY.
Just after the Israelites were emancipated from their bondage in Egypt, while they stood before Sinai to receive the law, as the trumpet waxed louder, and the mount quaked and blazed, God spake the ten commandments from the midst of clouds and thunderings. Two of those commandments deal death to slavery. "THOU SHALT NOT STEAL," or, "thou shalt not take from another what belongs to him." All man's powers are God's gift to HIM. Each of them is a part of himself, and all of them together constitute himself. All else that belongs to man, is acquired by the use of these powers. The interest belongs to him, because the principal does; the product is his, because he is the producer. Ownership of any thing, is ownership of its use. The right to use according to will, is itself ownership. The eighth commandment presupposes and assumes the right of every man to his powers, and their product. Slavery robs of both. A man's right to himself, is the only right absolutely original and intrinsic—his right to anything else is merely relative to this, is derived from it, and held only by virtue of it. SELF-RIGHT is the foundation right—the post in the middle, to which all other rights are fastened. Slaveholders, when talking about their RIGHT to their slaves, always assume their own right to themselves. What slave-holder ever undertook to prove his right to himself? He knows it to be a self-evident proposition, that a man belongs to himself—that the right is intrinsic and absolute. In making out his own title, he makes out the title of every human being. As the fact of being a man is itself the title, the whole human family have one common title deed. If one man's title is valid, all are valid. If one is worthless, all are. To deny the validity of the slave's title is to deny the validity of his own; and yet in the act of making a man a slave, the slaveholder asserts the validity of his own title, while he seizes him as his property who has the same title. Further, in making him a slave, he does not merely disfranchise of humanity one individual, but UNIVERSAL MAN. He destroys the foundations. He annihilates all rights. He attacks not only the human race, but universal being, and rushes upon JEHOVAH. For rights are rights; God's are no more—man's are no less.
The eighth commandment forbids the taking of any part of that which belongs to another. Slavery takes the whole. Does the same Bible which prohibits the taking of any thing from him, sanction the taking of every thing! Does it thunder wrath against the man who robs his neighbor of a cent, yet commission him to rob his neighbour of himself? Slaveholding is the highest possible violation of the eight commandment. To take from a man his earnings, is theft. But to take the earner, is a compound, life-long theft—supreme robbery that vaults up the climax at a leap—the dread, terrific, giant robbery, that towers among other robberies a solitary horror. The eight commandment forbids the taking away, and the tenth adds, "Thou shalt not covet any thing that is thy neighbor's;" thus guarding every man's right to himself and property, by making not only the actual taking away a sin, but even that state of mind which would tempt to it. Who ever made human beings slaves, without coveting them? Why take from them their time, labor, liberty, right of self-preservation and improvement, their right to acquire property, to worship according to conscience, to search the Scriptures, to live with their families, and their right to their own bodies, if they do not desire them? They COVET them for purposes of gain, convenience, lust of dominion, of sensual gratification, of pride and ostentation. THEY BREAK THE TENTH COMMANDMENT, and pluck down upon their heads the plagues that are written in the book. Ten commandments constitute the brief compend of human duty. Two of these brand slavery as sin.
MANSTEALING—EXAMINATION OF EX. XXI. 16.
The giving of the law at Sinai, immediately preceded the promulgation of that body of laws called the "Mosaic system." Over the gateway of that system, fearful words were written by the finger of God—"HE THAT STEALETH A MAN AND SELLETH HIM, OR IF HE BE FOUND IN HIS HAND, HE SHALL SURELY BE PUT TO DEATH[A]." Ex. xxi. 16.
[Footnote A: A writer in the American Quarterly Review, commenting on this passage, thus blasphemes. "On this passage an impression has gone abroad that slave-owners are necessarily menstealers; how hastily, any one will perceive who consults the passage in its connection. Being found in the chapter which authorizes this species of property among the Hebrews, it must of course relate to its full protection from the danger of being enticed away from its rightful owner."—Am. Quart. Review for June, 1833. Article "Negro slavery."]
The oppression of the Israelites in Egypt, and the wonders wrought for their deliverance, proclaim the reason for such a law at such a time. They had just been emancipated. The tragedies of their house of bondage were the realities of yesterday, and peopled their memories with thronging horrors. They had just witnessed God's testimony against oppression in the plagues of Egypt—the burning blains on man and beast; the dust quickened into loathsome life, and swarming upon every living thing; the streets, the palaces, the temples, and every house heaped up with the carcases of things abhorred; the kneading troughs and ovens, the secret chambers and the couches, reeking and dissolving with the putrid death; the pestilence walking in darkness at noonday, the devouring locusts, and hail mingled with fire, the first-born death-struck, and the waters blood; and last of all, that dread high hand and stretched-out arm, that whelmed the monarch and his hosts, and strewed their corpses on the sea. All this their eyes had looked upon; earth's proudest city, wasted and thunder-scarred, lying in desolation, and the doom of oppressors traced on her ruins in the hand-writing of God, glaring in letters of fire mingled with blood—a blackened monument of wrath to the uttermost against the stealers of men. No wonder that God, in a code of laws prepared for such a people at such a time, should uprear on its foreground a blazing beacon to flash terror on slaveholders. "He that stealeth a man and selleth him, or if he be found in his hand, he shall surely be put to death." Ex. xxi. 16. Deut. xxiv, 7[A]. God's cherubim and flaming sword guarding the entrance to the Mosaic system!
[Footnote A: Jarchi, the most eminent of the Jewish Commentators, who wrote seven hundred years ago, in his comment on this stealing and making merchandize of men, gives the meaning thus:—"Using a man against his will, as a servant lawfully purchased; yea, though he should use his services ever so little, only to the value of a farthing, or use but his arm to lean on to support him, if he be forced so to act as a servant, the person compelling him but once to do so, shall die as a thief, whether he has sold him or not."]
The word Ganabh here rendered stealeth, means, the taking of what belongs to another, whether by violence or fraud; the same word is used in the eight commandment, and prohibits both robbery and theft.
The crime specified, is that of depriving SOMEBODY of the ownership of a man. Is this somebody a master? and is the crime that of depriving a master of his servant? Then it would have been "he that stealeth" a servant, not "he that stealeth a man." If the crime had been the taking of an individual from another, then the term used would have been expressive of that relation, and most especially if it was the relation of property and proprietor!
The crime is stated in a three-fold form—man stealing, selling, and holding. All are put on a level, and whelmed under one penalty—DEATH[A]. This somebody deprived of the ownership of a man, is the man himself, robbed of personal ownership. Joseph said, "Indeed I was stolen away out of the land of the Hebrews." Gen. xl. 15. How stolen? His brethren sold him as an article of merchandize. Contrast this penalty for man-stealing with that for property-stealing, Ex. xxii. 14. If a man had stolen an ox and killed or sold it, he was to restore five oxen; if he had neither sold nor killed it, two oxen. But in the case of stealing a man, the first act drew down the utmost power of punishment; however often repeated or aggravated the crime, human penalty could do no more. The fact that the penalty for man-stealing was death, and the penalty for property-stealing, the mere restoration of double, shows that the two cases were adjudicated on totally different principles. The man stolen might be diseased or totally past labor, consequently instead of being profitable to the thief, he would be a tax upon him, yet death was still the penalty, though not a cent's worth of property-value was taken. The penalty for stealing property was a mere property-penalty. However large the theft, the payment of double wiped out the score. It might have a greater money value than a thousand men, yet death was not the penalty, nor maiming, nor braiding, nor even stripes, but double of the same kind. Why was not the rule uniform? When a man was stolen why was not the thief required to restore double of the same kind—two men, or if he had sold him, five men? Do you say that the man-thief might not have them? So the ox-thief might not have two oxen, or if he had killed it, five. But if God permitted men to hold men as property, equally with oxen, the man-thief, could get men with whom to pay the penalty, as well as the ox-thief, oxen. Further, when property was stolen, the legal penalty was a compensation to the person injured. But when a man was stolen, no property compensation was offered. To tender money as an equivalent, would have been to repeat the outrage with intolerable aggravations. Compute the value of a MAN in money! Throw dust into the scale against immortality! The law recoiled from such supreme insult and impiety. To have permitted the man-thief to expiate his crime by restoring double, would have been making the repetition of crime its atonement. But the infliction of death for man-stealing exacted the utmost possibility of reparation. It wrung from the guilty wretch as he gave up the ghost, the testimony of blood, and death-groans, to the infinite dignity and worth of man,—a proclamation to the universe, voiced in mortal agony, "MAN IS INVIOLABLE."—a confession shrieked in phrenzy at the grave's mouth—"I die accursed, and God is just."
[Footnote A: "Those are men-stealers who abduct, keep, sell, or buy slaves or freemen." GROTIUS.]
If God permitted man to hold man as property, why did he punish for stealing that kind of property infinitely more than for stealing any other kind of property? Why punish with death for stealing a very little of that sort of property, and make a mere fine the penalty for stealing a thousand times as much, of any other sort of property—especially if by his own act, God had annihilated the difference between man and property, by putting him on a level with it?
The guilt of a crime, depends much upon the nature, character, and condition of the victim. To steal is a crime, whoever the thief, or whatever the plunder. To steal bread from a full man, is theft; to steal it from a starving man, is both theft and murder. If I steal my neighbor's property, the crime consists not in altering the nature of the article, but in taking as mine what is his. But when I take my neighbor himself, and first make him property, and then my property, the latter act, which was the sole crime in the former case, dwindles to nothing. The sin in stealing a man, is not the transfer from its owner to another of that which is already property, but the turning of personality into property. True, the attributes of man remain, but the rights and immunities which grow out of them are annihilated. It is the first law both of reason and revelation, to regard things and beings as they are; and the sum of religion, to feel and act toward them according to their value. Knowingly to treat them otherwise is sin; and the degree of violence done to their nature, relations, and value, measures its guilt. When things are sundered which God has indissolubly joined, or confounded in one, which he has separated by infinite extremes; when sacred and eternal distinctions, which he has garnished with glory, are derided and set at nought, then, if ever, sin reddens to its "scarlet dye." The sin specified in the passage, is that of doing violence to the nature of a man—to his intrinsic value as a rational being. In the verse preceding the one under consideration, and in that which follows, the same principle is laid down. Verse 15, "He that smiteth his father or his mother shall surely be put to death." Verse. 17, "He that curseth his father or his mother, shall surely be put to death." If a Jew smote his neighbor, the law merely smote him in return; but if the blow was given to a parent, it struck the smiter dead. The parental relation is the centre of human society. God guards it with peculiar care. To violate that, is to violate all. Whoever tramples on that, shows that no relation has any sacredness in his eyes—that he is unfit to move among human relations who violates one so sacred and tender. Therefore, the Mosaic law uplifted his bleeding corpse, and brandished the ghastly terror around the parental relation to guard it from impious inroads.
Why such a difference in penalties, for the same act? Answer. 1. The relation violated was obvious—the distinction between parents and others self-evident, dictated by a law of nature. 2. The act was violence to nature—a suicide on constitutional susceptibilities. 3. The parental relation then, as now, was the focal point of the social system, and required powerful safe-guards. "Honor thy father and thy mother," stands at the head of those commands which prescribe the duties of man to man; and throughout the Bible, the parental state is God's favorite illustration of his own relations to the human family. In this case, death was to be inflicted not for smiting a man, but a parent—a distinction made sacred by God, and fortified by a bulwark of defence. In the next verse, "He that stealeth a man," &c., the SAME PRINCIPLE is wrought out in still stronger relief. The crime to be punished with death was not the taking of property from its owner, but violence to an immortal nature, the blotting out of a sacred distinction—making MEN "chattels."
The incessant pains taken in the Old Testament to separate human beings from brutes and things, shows God's regard for this, his own distinction. "In the beginning" he proclaimed it to the universe as it rose into being. Creation stood up at the instant of its birth, to do it homage. It paused in adoration while God ushered forth its crowning work. Why that dread pause and that creating arm held back in mid career and that high conference in the godhead? "Let us make man in OUR IMAGE after OUR LIKENESS, and let him have dominion over the fish of the sea, and over the fowl of the air, and over the cattle and over all the earth." Then while every living thing, with land, and sea, and firmament, and marshalled worlds, waited to swell the shout of morning stars—then God created man IN HIS OWN IMAGE; IN THE IMAGE OF GOD created he him." This solves the problem, IN THE IMAGE OF GOD, CREATED HE HIM. This distinction is often repeated and always with great solemnity. In Gen. i. 26-28, it is expressed in various forms. In Gen. v. 1, we find it again, "IN THE LIKENESS OF GOD MADE HE HIM." In Gen. ix. 6, again. After giving license to shed the blood of "every moving thing that liveth," it is added, "Whoso sheddeth man's blood, by man shall his blood be shed, for IN THE IMAGE OF GOD MADE HE MAN." As though it had been said, "All these creatures are your property, designed for your use—they have the likeness of earth, and their spirits go downward; but this other being, MAN, has my own likeness: IN THE IMAGE OF GOD made I man; an intelligent, moral, immortal agent, invited to all that I can give and he can be. So in Lev. xxiv. 17, 18, 21, "He that killeth any MAN shall surely be put to death; and he that killeth a beast shall make it good, beast for beast; and he that killeth a MAN he shall be put to death." So in Ps. viii. 5, 6, we have an enumeration of particulars, each separating infinitely MEN from brutes and things! 1. "Thou hast made him a little lower than the angels." Slavery drags him down among brutes. 2. "And hast crowned him with glory and honor." Slavery tears off his crown, and puts on a yoke. 3. "Thou madest him to have dominion[A] OVER the works of thy hands." Slavery breaks his sceptre, and cast him down among those works—yea, beneath them. 4. "Thou hast put all things under his feet." Slavery puts HIM under the feet of an "owner." Who, but an impious scorner, dare thus strive with his Maker, and mutilate HIS IMAGE, and blaspheme the Holy One, who saith, "Inasmuch as ye did it unto one of the least of these, ye did it unto ME."
[Footnote A: "Thou madest him to have dominion." In Gen. i. 28, God says to man, "Have dominion over the fish of the sea, and over the fowl of the air and over every living thing that moveth upon the earth," thus vesting in every human being the right of ownership over the earth, its products and animal life, and in each human being the same right. By so doing God prohibited the exercise of ownership by man over man; for the grant to all men of equal ownership, for ever shut out the possibility of their exercising ownership over each other, as whoever is the owner of a man, is the owner of his right of property—in other words, when one man becomes the property of another his rights become such too, his right of property is transferred to his "owner," and thus as far as himself is concerned, is annihilated. Finally, by originally vesting all men with dominion or ownership over property, God proclaimed the right of all to exercise it, and pronounced every man who takes it away a robber of the highest grade. Such is every slaveholder.]
In further prosecuting this inquiry, the Patriarchal and Mosaic systems will be considered together, as each reflects light upon the other, and as many regulations of the latter are mere legal forms of Divine institutions previously existing. As a system, the latter alone is of Divine authority. Whatever were the usages of the patriarchs God has not made them our exemplars.[B] The question to be settled by us, is not what were Jewish customs, but what were the rules that God gave for the regulation of those customs.
[Footnote B: Those who insist that the patriarchs held slaves, and sit with such delight under their shadow, hymning the praises of "those good old slaveholders and patriarchs," might at small cost greatly augment their numbers. A single stanza celebrating patriarchal concubinage, winding off with a chorus in honor of patriarchal drunkenness, would be a trumpet-call, summoning from brothels, bush and brake, highway and hedge, and sheltering fence, a brotherhood of kindred affinities, each claiming Abraham or Noah as his patron saint, and shouting, "My name is legion." A myriad choir and thunderous song!]
Before entering upon an analysis of the condition of servants under these two states of society, we will consider the import of certain terms which describe the mode of procuring them.
IMPORT OF "BUY," AND "BOUGHT WITH MONEY."
As the Israelites were commanded to "buy" their servants, and as Abraham had servants "bought with money," it is argued that servants were articles of property! The sole ground for this belief is the terms themselves! How much might be saved, if in discussion, the thing to be proved were always assumed! To beg the question in debate, is vast economy of midnight oil, and a wholesale forestaller of wrinkles and gray hairs. Instead of protracted investigation into Scripture usage, painfully collating passages, to settle the meaning of terms, let every man interpret the oldest book in the world by the usages of his own time and place, and the work is done. And then instead of one revelation, they might be multiplied as the drops of the morning, and every man have an infallible clue to the mind of the Spirit, in the dialect of his own neighborhood! What a Babel-jargon, to take it for granted that the sense in which words are now used, is the inspired sense. David says, "I prevented the dawning of the morning, and cried." What, stop the earth in its revolution! Two hundred years ago, prevent was used in its strict Latin sense, to come before, or anticipate. It is always used in this sense in the Old and New Testaments. David's expression, in the English of the nineteenth century, would be "Before the dawning of the morning I cried." In almost every chapter of the Bible, words are used in a sense now nearly, or quite obsolete, and sometimes in a sense totally opposite to their present meaning. A few examples follow: "I purposed to come to you, but was let (hindered) hitherto." "And the four beasts (living ones) fell down and worshiped God,"—"Whosoever shall offend (cause to sin) one of these little ones,"—Go out into the highways and compel (urge) them to come in,"—Only let your conversation (habitual conduct) be as becometh the Gospel,"—"The Lord Jesus Christ who shall judge the quick (living) and the dead,"—They that seek me early (earnestly) shall find me," So when tribulation or persecution ariseth by-and-by (immediately) they are offended." Nothing is more mutable than language. Words, like bodies, are always throwing off some particles and absorbing others. So long as they are mere representatives, elected by the whims of universal suffrage, their meaning will be a perfect volatile, and to cork it up for the next century is an employment sufficiently silly (to speak within bounds) for a modern Bible-Dictionary maker. There never was a shallower conceit than that of establishing the sense attached to a word centuries ago, by showing what it means now. Pity that fashionable mantuamakers were not a little quicker at taking hints from some Doctors of Divinity. How easily they might save their pious customers all qualms of conscience about the weekly shiftings of fashion, by proving that the last importation of Parisian indecency now "showing off" on promenade, was the very style of dress in which the modest and pious Sarah kneaded cakes for the angels. Since such a fashion flaunts along Broadway now, it must have trailed over Canaan four thousand years ago!
The inference that the word buy, used to describe the procuring of servants, means procuring them as chattels, seems based upon the fallacy, that whatever costs money is money; that whatever or whoever you pay money for, is an article of property, and the fact of your paying for it, proves it property. 1. The children of Israel were required to purchase their firstborn from under the obligations of the priesthood, Num. xviii. 15, 16; iii. 45-51; Ex. xiii. 13; xxxiv. 20. This custom still exists among the Jews, and the word buy is still used to describe the transaction. Does this prove that their firstborn were or are, held as property? They were bought as really as were servants. 2. The Israelites were required to pay money for their own souls. This is called sometimes a ransom, sometimes an atonement. Were their souls therefore marketable commodities? 3. When the Israelites set apart themselves or their children to the Lord by vow, for the performance of some service, an express statute provided that a price should be set upon the "persons," and it prescribed the manner and terms of the "estimation" or valuation, by the payment of which, the persons might be bought off from the service vowed. The price for males from one month old to five years, was five shekels, for females, three; from five years old to twenty, for males, twenty shekels, for females, ten; from twenty years old to sixty, for males, fifty shekels, for females, thirty; above sixty years old, for males, fifteen shekels, for females, ten, Lev. xxvii. 2-8. What egregious folly to contend that all these descriptions of persons were goods and chattels because they were bought and their prices regulated by law! 4. Bible saints bought their wives. Boaz bought Ruth. "Moreover Ruth the Moabitess, the wife of Mahlon, have I purchased (bought) to be my wife." Ruth iv. 10.[A] Hosea bought his wife. "So I bought her to me for fifteen pieces of silver, and for an homer of Barley, and an half homer of barley." Hosea iii. 2. Jacob bought his wives Rachael and Leah, and not having money, paid for them in labor—seven years a piece. Gen. xxix. 15-23. Moses probably bought his wife in the same way, and paid for her by his labor, as the servant of her father.[B] Exod. ii. 21. Shechem, when negotiating with Jacob and his sons for Dinah, says, "Ask me never so much dowry and gift, and I will give according as ye shall say unto me." Gen. xxxiv. 11, 12. David purchased Michael, and Othniel, Achsah, by performing perilous services for the fathers of the damsels. 1 Sam. xviii. 25-27; Judg. i. 12, 13. That the purchase of wives, either with money or by service, was the general practice, is plain from such passages as Ex. xxii. 17, and 1 Sam. xviii. 25. Among the modern Jews this usage exists, though now a mere form, there being no real purchase. Yet among their marriage ceremonies, is one called "marrying by the penny." The similarity in the methods of procuring wives and servants, in the terms employed in describing the transactions, and in the prices paid for each, are worthy of notice. The highest price of wives (virgins) and servants was the same. Comp. Deut, xxii. 28, 29, and Ex. xxii. 17, with Lev. xxvii. 2-8. The medium price of wives and servants was the same. Comp. Hos. iii. 2, with Ex. xxi. 32. Hosea seems to have paid one half in money and the other half in grain. Further, the Israelitish female bought-servants were wives, their husbands and masters being the same persons. Ex. xxi. 8, Judg. xix. 3, 27. If buying servants proves them property, buying wives proves them property. Why not contend that the wives of the ancient fathers of the faithful were their "chattels," and used as ready change at a pinch; and thence deduce the rights of modern husbands? Alas! Patriarchs and prophets are followed afar off! When will pious husbands live up to their Bible privileges, and become partakers with Old Testament worthies in the blessedness of a husband's rightful immunities! Refusing so to do, is questioning the morality of those "good old slaveholders and patriarchs, Abraham, Isaac, and Jacob."
[Footnote A: In the verse preceding, Boaz says, "I have bought all that was Elimelech's * * * of the hand of Naomi." In the original, the same word (kana) is used in both verses. In the 9th, "a parcel of land" is "bought," in the 10th a "wife" is "bought." If the Israelites had been as profound at inferences as our modern Commentators, they would have put such a fact as this to the rack till they had tortured out of it a divine warrant for holding their wives as property and speculating in the article whenever it happened to be scarce.]
[Footnote B: This custom still prevails in some eastern countries. The Crim Tartars, who are poor, serve an apprenticeship for their wives, during which they live under the same roof with them and at the close of it are adopted into the family.]
This use of the word buy, is not peculiar to the Hebrew. In the Syriac, the common expression for "the espoused," is "the bought." Even so late as the 16th century, the common record of marriages in the old German Chronicles was, "A BOUGHT B."
The word translated buy, is, like other words, modified by the nature of the subject to which it is applied. Eve said, "I have gotten (bought) a man from the Lord." She named him Cain, that is bought. "He that heareth reproof, getteth (buyeth) understanding," Prov. xv. 32. So in Isa. xi. 11. "The Lord shall set his hand again to recover (to buy) the remnant of his people." So Ps. lxxviii. 54. "He brought them to his mountain which his right hand had purchased," (gotten.) Neh. v. 8. "We of our ability have redeemed (bought) our brethren the Jews, that were sold unto the heathen." Here "bought" is not applied to persons reduced to servitude, but to those taken out of it. Prov. viii. 22. "The Lord possessed (bought) me in the beginning of his way." Prov. xix. 8. "He that getteth (buyeth) wisdom loveth his own soul." Finally, to buy is a secondary meaning of the Hebrew word kana.
Even at this day the word buy is used to describe the procuring of servants, where slavery is abolished. In the British West Indies, where slaves became apprentices in 1834, they are still, (1837,) "bought." This is the current word in West India newspapers. Ten years since servants were "bought" in New York, and still are in New Jersey, as really as in Virginia, yet the different senses in which the word is used in those states, puts no man in a quandary. Under the system of legal indenture in Illinois, servants now are "bought."[A] Until recently immigrants to this country were "bought" in great numbers. By voluntary contract they engaged to work a given time to pay for their passage. This class of persons, called "redemptioners," consisted at one time of thousands. Multitudes are "bought" out of slavery by themselves or others. Under the same roof with the writer is a "servant bought with money." A few weeks since, she was a slave; when "bought," she was a slave no longer. Alas! for our leading politicians if "buying" men makes them "chattels." The Whigs say, that Calhoun has been "bought" by the administration; and the other party, that Clay and Webster have been "bought" by the Bank. The histories of the revolution tell us that Benedict Arnold was "bought" by British gold, and that Williams, Paulding, and Van Wert, could not be "bought" by Major Andre. When a northern clergyman marries a rich southern widow, country gossip thus hits off the indecency, "The cotton bags bought him." Sir Robert Walpole said, "Every man has his price, and whoever will pay it, can buy him," and John Randolph said, "The northern delegation is in the market; give me money enough, and I can buy them." The temperance publications tell us that candidates for office buy men with whiskey; and the oracles of street tattle, that the court, district attorney, and jury, in the late trial of Robinson were bought, yet we have no floating visions of "chattels personal," man-auctions, or coffles.
[Footnote A: The following statute is now in force in the free state of Illinois—"No negro, mulatto, or Indian, shall at any time purchase any servant other than of their own complexion: and if any of the persons aforesaid shall presume to purchase a white servant, such servant shall immediately become free, and shall be so held, deemed and taken."]
In Connecticut, town paupers are "bought" by individuals, who, for a stipulated sum become responsible to the town for their comfortable support for one year. If these "bought" persons perform any labor for those who "buy" them, it is wholly voluntary. It is hardly necessary to add that they are in no sense the "property" of their purchasers.[A]
[Footnote A: "The select-men" of each town annually give notice, that at such a time and place, they will proceed to sell the poor of said town. The persons thus "sold" are "bought" by such persons, approved by the "select-men," as engage to furnish them with sufficient wholesome food, adequate clothing, shelter, medicine, &c., for such a sum as the parties may agree upon. The Connecticut papers frequently contain advertisements like the following: "NOTICE—The poor of the town of Chatham will be SOLD on the first Monday in April, 1837, at the house of F. Penfield, Esq., at 9 o'clock in the forenoon,"—[Middletown Sentinel, Feb. 3, 1837.] ]
The transaction between Joseph and the Egyptians gives a clue to the use of "buy" and "bought with money." Gen. xlvii. 18-26. The Egyptians proposed to Joseph to become servants. When the bargain was closed, Joseph said, "Behold I have bought you this day," and yet it is plain that neither party regarded the persons bought as articles of property, but merely as bound to labor on certain conditions, to pay for their support during the famine. The idea attached by both parties to "buy us," and "behold I have bought you," was merely that of service voluntarily offered, and secured by contract, in return, for value received, and not at all that the Egyptians were bereft of their personal ownership, and made articles of property. And this buying of services (in this case it was but one-fifth part) is called in Scripture usage, buying the persons. This case claims special notice, as it is the only one where the whole transaction of buying servants is detailed—the preliminaries, the process, the mutual acquiescence, and the permanent relation resulting therefrom. In all other instances, the mere fact is stated without particulars. In this case, the whole process is laid open. 1. The persons "bought," sold themselves, and of their own accord. 2. Paying for the permanent service of persons, or even a portion of it, is called "buying" those persons; just as paying for the use of land or houses for a number of years in succession is called in Scripture usage buying them. See Lev. xxv. 28, 33, and xxvii. 24. The objector, at the outset, takes it for granted, that servants were bought of third persons; and thence infers that they were articles of property. Both the alleged fact and the inference are sheer assumptions. No instance is recorded, under the Mosaic system, in which a master sold his servant.
That servants who were "bought," sold themselves, is a fair inference from various passages of Scripture.[A] In Leviticus xxv. 47, the case of the Israelite, who became the servant of the stranger, the words are, "If he SELL HIMSELF unto the stranger." Yet the 51st verse informs us that this servant was "BOUGHT" and that the price of his purchase was paid to himself. The same word, and the same form of the word, which, in verse 47, is rendered sell himself, is in verse 39 of the same chapter, rendered be sold; in Deut. xxviii. 68, the same word is rendered "be sold." "And there ye shall BE SOLD unto your enemies for bond-men and bond-women and NO MAN SHALL BUY YOU." How could they "be sold" without being bought? Our translation makes it nonsense. The word Makar rendered "be sold" is used here in Hithpael conjugation, which is generally reflexive in its force, and like the middle voice in Greek, represents what an individual does for himself, and should manifestly have been rendered "ye shall offer yourselves for sale, and there shall be no purchaser." For a clue to Scripture usage on this point, see 1 Kings xxi. 20. 25.—"Thou hast sold thyself to work evil." "There was none like unto Ahab which did sell himself to work wickedness."—2 Kings xvii. 17. "They used divination and enchantments, and sold themselves to do evil."—Isa. l. 1. "For your iniquities have ye sold yourselves." Isa. lii. 3, "Ye have sold yourselves FOR NOUGHT, and ye shall be redeemed without money." See also, Jer. xxxiv. 14; Rom. vii. 14, vi. 16; John, viii. 34, and the case of Joseph and the Egyptians, already quoted. In the purchase of wives, though spoken of rarely, it is generally stated that they were bought of third persons. If servants were bought of third persons, it is strange that no instance of it is on record.
[Footnote A: Those who insist that the servants which the Israelites were commanded to buy of "the heathen which were round about" them, were to be bought of third persons, virtually charge God with the inconsistency of recognizing and affirming the right of those very persons to freedom, upon whom, say they, he pronounced the doom of slavery. For they tell us, that the sentence of death uttered against those heathen was commuted into slavery, which punishment God denounced against them. Now if "the heathen round about" were doomed to slavery, the sellers were doomed as well as the sold. Where, we ask, did the sellers get their right to sell? God by commanding the Israelites to BUY, affirmed the right of somebody to sell, and that the ownership of what was sold existed somewhere; which right and ownership he commanded them to recognize and respect. We repeat the question, where did the heathen sellers get their right to sell, since they were dispossessed of their right to themselves and doomed to slavery equally with those whom they sold. Did God's decree vest in them a right to others while it annulled their right to themselves? If, as the objector's argument assumes, one part of "the heathen round about" were already held as slaves by the other part, such of course were not doomed to slavery, for they were already slaves. So also, if those heathen who held them as slaves had a right to hold them, which right God commanded the Israelites to buy out, thus requiring them to recognize it as a right, and on no account to procure its transfer to themselves without paying to the holders an equivalent, surely, these slaveholders were not doomed by God to be slaves, for according to the objector, God had himself affirmed their right to hold others as slaves, and commanded his people to respect it.]
We now proceed to inquire into the condition of servants under the patriarchal and Mosaic systems.
I. THE RIGHTS AND PRIVILEGES OF SERVANTS.
The leading design of the laws defining the relations of master and servant, was the good of both parties—more especially the good of the servants. While the master's interests were guarded from injury, those of the servants were promoted. These laws made a merciful provision for the poorer classes, both of the Israelites and Strangers, not laying on burdens, but lightening them—they were a grant of privileges and favors.
I. BUYING SERVANTS WAS REGARDED AS A KINDNESS TO THE PERSONS BOUGHT, and as establishing between them and their purchasers a bond of affection and confidence. This is plain from the frequent use of it to illustrate the love and care of God for his chosen people. Deut. xxxii. 6; Ex. xv. 16; Ps. lxxiv. 2; Prov. viii. 22.
II. NO STRANGER COULD JOIN THE FAMILY OF AN ISRAELITE WITHOUT BECOMING A PROSELYTE. Compliance with this condition was the price of the privilege. Gen. xvii. 9-14, 23, 27. In other words, to become a servant was virtually to become an Israelite.[A] In the light of this fact, look at the relation sustained by a proselyted servant to his master. Was it a sentence consigning to punishment, or a ticket of admission to privileges?
[Footnote A: The rites by which a stranger became a proselyte transformed him into a Jew. Compare 1 Chron. ii. 17, with 2 Sam. xvii. 25. In Esther viii. 17, it is said "Many of the people of the land became Jews." In the Septuagint, the passage is thus rendered, "Many of the heathen were circumcised and became Jews." The intimate union and incorporation of the proselytes with the Hebrews is shown by such passages as Isa. lvi. 6, 7, 8; Eph. ii. 11, 22; Num. x. 29-32. Calmet, Art. Proselyte, says "They were admitted to all the prerogatives of the people of the Lord." Mahommed doubtless borrowed from the laws and usages of the Jews, his well known regulation for admitting to all civil and religious privileges, all proselytes of whatever nation or religion.]
III. EXPULSION FROM THE FAMILY WAS THE DEPRIVATION OF A PRIVILEGE IF NOT A PUNISHMENT. When Sarah took umbrage at the conduct of Hagar and Ishmael, her servants, "She said unto Abraham cast out this bond-woman and her son." * * And Abraham rose up early in the morning and took bread and a bottle of water and gave it unto Hagar and the child, and sent her away. Gen. xxi. 10, 14; in Luke xvi. 1-8, our Lord tells us of the steward or head-servant of a rich man who defrauded his master, and was, in consequence, excluded from his household. The servant anticipating such a punishment, says, "I am resolved what to do, that when I am put out of the stewardship, they may receive me into their houses." The case of Gehazi, the servant of Elisha, appears to be a similar one. He was guilty of fraud in procuring a large sum of money from Naaman, and of deliberate lying to his master, on account of which Elisha seems to have discarded him. 2 Kings v. 20-27. In this connection we may add that if a servant neglected the observance of any ceremonial rite, and was on that account excommunicated from the congregation of Israel, such excommunication excluded him also from the family of an Israelite. In other words he could be a servant no longer than he was an Israelite. To forfeit the latter distinction involved the forfeiture of the former privilege—which proves that it was a privilege.
IV. THE HEBREW SERVANT COULD COMPEL HIS MASTER TO KEEP HIM.
When the six years' contract had expired, if the servant demanded it, the law obliged the master to retain him permanently, however little he might need his services. Deut. xv. 12-17; Ex. xxi. 2-6. This shows that the system was framed to advance the interest and gratify the wishes of the servant quite as much as those of the master.
V. SERVANTS WERE ADMITTED INTO COVENANT WITH GOD. Deut. xxix. 10-13.
VI. THEY WERE GUESTS AT ALL NATIONAL AND FAMILY FESTIVALS Ex. xii. 43-44; Deut xii. 12, 18, xvi. 10-16.
VII. THEY WERE STATEDLY INSTRUCTED IN MORALITY AND RELIGION. Deut. xxxi. 10-13; Josh. viii. 33-35; 2 Chron. xvii. 8-9, xxxv. 3, and xxxiv. 30. Neh. viii. 7, 8.
VIII. THEY WERE RELEASED FROM THEIR REGULAR LABOR NEARLY ONE HALF OF THE WHOLE TIME. During which they had their entire support, and the same instruction that was provided for the other members of the Hebrew community. The Law secured to them,
1. Every seventh year; Lev. xxv. 3-6; thus giving to those who were servants during the entire period between the jubilees, eight whole years, (including the jubilee year,) of unbroken rest.
2. Every seventh day. This in forty-two years, the eight being subtracted from the fifty, would amount to just six years.
3. The three annual festivals. Ex. xxiii. 17, xxxiv. 23. The Passover, which commenced on the 15th of the 1st month, and lasted seven days, Deut. xvi. 3, 8. The Pentecost, or Feast of Weeks, which began on the 6th day of the 3d month, and lasted seven days. Deut. xvi. 10, 11. The Feast of Tabernacles, which commenced on the 15th of the 7th month, and lasted eight days. Deut. xvi. 13, 15; Lev. xxiii. 34-39. As all met in one place, much time would be spent on the journey. Cumbered caravans move slowly. After their arrival, a day or two would be requisite for divers preparations before the celebration, besides some time at the close of it, in preparations for return. If we assign three weeks to each festival—including the time spent on the journeys, and the delays before and after the celebration, together with the festival week, it will be a small allowance for the cessation of their regular labor. As there were three festivals in the year, the main body of the servants would be absent from their stated employments at least nine weeks annually, which would amount in forty-two years, subtracting the sabbaths, to six years and eighty-four days.
4. The new moons. The Jewish year had twelve; Josephus says that the Jews always kept two days for the new moon. See Calmet on the Jewish Calendar, and Horne's Introduction; also 1 Sam. xx, 18, 19, 27. This, in forty-two years, would be two years 280 days.
5. The feast of trumpets. On the first day of the seventh month, and of the civil year. Lev. xxiii. 24, 25.
6. The atonement day. On the tenth of the seventh month Lev. xxiii. 27.
These two feasts would consume not less than sixty-five days not reckoned above.
Thus it appears that those who continued servants during the period between the jubilees, were by law released from their labor, TWENTY-THREE YEARS AND SIXTY-FOUR DAYS, OUT OF FIFTY YEARS, and those who remained a less time, in nearly the same proportion. In this calculation, besides making a donation of all the fractions to the objector, we have left out those numerous local festivals to which frequent allusion is made, Judg. xxi. 19; 1 Sam. ix. 12. 22. etc., and the various family festivals, such as at the weaning of children; at marriages; at sheep shearings; at circumcisions; at the making of covenants, &c., to which reference is often made, as in 1 Sam, xx. 6. 28, 29. Neither have we included the festivals instituted at a later period of the Jewish history—the feast of Purim, Esth. ix. 28, 29; and of the Dedication, which lasted eight days. John x. 22; 1 Mac. iv. 59.
Finally, the Mosaic system secured to servants, an amount of time which, if distributed, would be almost ONE HALF OF THE DAYS IN EACH YEAR. Meanwhile, they were supported, and furnished with opportunities of instruction. If this time were distributed over every day, the servants would have to themselves nearly one half of each day.
The service of those Strangers who were national servants or tributaries, was regulated upon the same benevolent principle, and secured to them TWO-THIRDS of the whole year. "A month they were in Lebanon, and two months they were at home." 1 Kings, v. 13-15. Compared with 2 Chron. 11. 17-19, viii. 7-9; 1 Kings, ix 20. 22. The regulations under which the inhabitants of Gibeon, Chephirah, Beeroth and Kirjath-jearim, (afterwards called Nethinims) performed service for the Israelites, must have secured to them nearly the whole of their time. If, as is probable, they served in courses corresponding to those of their priests whom they assisted, they were in actual service less than one month annually.
IX. THE SERVANT WAS PROTECTED BY LAW EQUALLY WITH THE OTHER MEMBERS OF THE COMMUNITY
Proof.—"Judge righteously between every man and his brother and THE STRANGER THAT IS WITH HIM." "Ye shall not RESPECT PERSONS in judgment, but ye shall hear the SMALL as well as the great." Deut. i. 16, 19. Also Lev. xix. 15. xxiv. 22. "Ye shall have one manner of law as well for the STRANGER, as for one of your own country." So Num. xv. 29. "Ye shall have ONE LAW for him that sinneth through ignorance, both for him that is born among the children of Israel and for the STRANGER that sojourneth among them." Deut. xxvii. 19. "Cursed be he that PERVERTETH THE JUDGMENT OF THE STRANGER."[A] Deut. xxvii. 19.
[Footnote A: In a work entitled, "Instruction in the Mosaic Religion" by Professor Jholson, of the Jewish seminary at Frankfort-on-the-Main, translated into English by Rabbi Leeser, we find the following.—Sec. 165. "Question. Does holy writ any where make a difference between the Israelite and the other who is no Israelite, in those laws and prohibitions which forbid us the committal of any thing against our fellow men?"
"Answer. No where we do find a trace of such a difference. See Lev. xix. 33-36."
"God says thou shalt not murder, steal, cheat, &c. In every place the action itself is prohibited as being an abomination to God without respect to the PERSONS against whom it is committed." ]
X. THE MOSAIC SYSTEM ENJOINED THE GREATEST AFFECTION AND KINDNESS TOWARDS SERVANTS, FOREIGN AS WELL AS JEWISH.
"The stranger that dwelleth with you shall be unto you as one born among you, and thou shalt love him as thyself." Lev. xix. 34. "For the Lord your God * * REGARDETH NOT PERSONS. He doth execute the judgment of the fatherless and widow, and LOVETH THE STRANGER, in giving him food and raiment, LOVE YE THEREFORE THE STRANGER." Deut. x. 17, 19. "Thou shalt neither vex a STRANGER nor oppress him." Ex. xxii. 21. "Thou shalt not oppress a STRANGER, for ye know the heart of a stranger." Ex. xxiii. 9. "If thy brother be waxen poor thou shalt relieve him, yea, though he be a STRANGER or a sojourner, that he may live with thee, take thou no usury of him or increase, but fear thy God." Lev. xxv. 35, 36. Could this same stranger be taken by one that feared his God, and held as a slave, and robbed of time, earnings, and all his rights?
XI. SERVANTS WERE PLACED UPON A LEVEL WITH THEIR MASTERS IN ALL CIVIL AND RELIGIOUS RIGHTS. Num. xv. 15, 16, 29; ix. 14; Deut. i. 16, 17; Lev. xxiv. 22. To these may be added that numerous class of passages which represents God as regarding alike the natural rights of all men, and making for all an equal provision. Such as, 2 Chron. xix. 7; Prov. xxiv. 23, xxviii. 21; Job. xxxiv. 19, 2 Sam. xiv. 14; Acts x. 35; Eph. vi. 9.
Finally—With such watchful jealousy did the Mosaic Institutes guard the rights of servants, as to make the mere fact of a servant's escape from his master presumptive evidence that his master had oppressed him; and on that presumption, annulled his master's authority over him, gave him license to go wherever he pleased, and commanded all to protect him. Deut. xxiii. 15, 16. As this regulation will be examined under a subsequent head, where its full discussion more appropriately belongs, we notice it here merely to point out its bearings on the topic under consideration.
THESE ARE REGULATIONS OF THAT MOSAIC SYSTEM WHICH IS CLAIMED BY SLAVEHOLDERS AS THE PROTOTYPE OF AMERICAN SLAVERY.
II. WERE PERSONS MADE SERVANTS AGAINST THEIR WILLS?
We argue that they became servants of their own accord, because,
I. TO BECOME A SERVANT WAS TO BECOME A PROSELYTE. Whoever of the strangers became a servant, he was required to abjure idolatry, to enter into covenant with God[A], be circumcised in token of it, be bound to keep the Sabbath, the Passover, the Pentecost, and the Feast of Tabernacles, and to receive instruction in the moral and ceremonial law. Were the servants forced through all these processes? Was the renunciation of idolatry compulsory? Were they dragged into covenant with God? Were they seized and circumcised by main strength? Were they compelled mechanically to chew and swallow the flesh of the Paschal lamb, while they abhorred the institution, spurned the laws that enjoined it, detested its author and its executors, and instead of rejoicing in the deliverance which it commemorated, bewailed it as a calamity, and cursed the day of its consummation? Were they driven from all parts of the land three times in the year to the annual festivals? Were they drugged with instruction which they nauseated? Were they goaded through a round of ceremonies, to them senseless and disgusting mummeries; and drilled into the tactics of a creed rank with loathed abominations? We repeat it, to become a servant, was to become a proselyte. Did God authorize his people to make proselytes at the point of the bayonet? by the terror of pains and penalties? by converting men into merchandise? Were proselyte and chattel synonymes in the Divine vocabulary? Must a man be sunk to a thing before taken into covenant with God? Was this the stipulated condition of adoption? the sure and sacred passport to the communion of the saints?
[Footnote A: Maimonides, a contemporary with Jarchi, and who stands with him at the head of Jewish writers, gives the following testimony on this point: "Whether a servant be born in the power of an Israelite, or whether he be purchased from the heathen, the master is to bring them both into the covenant.
"But he that is in the house is entered on the eighth day, and he that is bought with money, on the day on which his master receives him, unless the slave be unwilling. For if the master receive a grown slave, and he be unwilling, his master is to bear with him, to seek to win him over by instruction, and by love and kindness, for one year. After which, should he refuse so long, it is forbidden to keep him longer than a year. And the master must send him back to the strangers from whence he came. For the God of Jacob will not accept any other than the worship of a willing heart."—Maimon, Hilcoth Miloth, Chap. 1, Sec. 8.
The ancient Jewish Doctors assert that the servant from the Strangers who at the close of his probationary year, refused to adopt the Jewish religion and was on that account sent back to his own people, received a full compensation for his services, besides the payment of his expenses. But that postponement of the circumcision of the foreign servant for a year (or even at all after he had entered the family of an Israelite) of which the Mishnic doctors speak, seems to have been a mere usage. We find nothing of it in the regulations of the Mosaic system. Circumcision was manifestly a rite strictly initiatory. Whether it was a rite merely national or spiritual, or both, comes not within the scope of this inquiry. ]
II. THE SURRENDER OF FUGITIVE SERVANTS TO THEIR MASTERS WAS PROHIBITED. "Thou shalt not deliver unto his master the servant which is escaped from his master unto thee. He shall dwell with thee, even among you, in that place which he shall choose, in one of thy gates where it liketh him best; thou shalt not oppress him." Deut. xxiii. 15, 16.
As though God had said, "To deliver him up would be to recognize the right of the master to hold him; his fleeing shows his choice, proclaims his wrongs and his title to protection; you shall not force him back and thus recognize the right of the master to hold him in such a condition as induces him to flee to others for protection." It may be said that this command referred only to the servants of heathen masters in the surrounding nations. We answer: the terms of the command are unlimited. But the objection, if valid, would merely shift the pressure of the difficulty to another point. Did God require them to protect the free choice of a single servant from the heathen, and yet authorize the same persons, to crush the free choice of thousands of servants from the heathen? Suppose a case. A foreign servant escapes to the Israelites; God says, "He shall dwell with thee, in that place which he shall choose, in one of thy gates where it liketh him best." Now, suppose this same servant, instead of coming into Israel of his own accord, had been dragged in by some kidnapper, who bought him of his master, and forced him into a condition against his will; would He who forbade such treatment of the stranger, who voluntarily came into the land, sanction the same treatment of the same person, provided in addition to this last outrage, the previous one had been committed of forcing him into the nation against his will? To commit violence on the free choice of a foreign servant is forsooth a horrible enormity, provided you begin the violence after he has come among you. But if you commit the first act on the other side of the line; if you begin the outrage by buying him from a third person against his will, and then tear him from home, drag him across the line into the land of Israel, and hold him as a slave—ah! that alters the case, and you may perpetrate the violence now with impunity! Would greater favor have been shown to this new comer than to the old residents—those who had been servants in Jewish families perhaps for a generation? Were the Israelites commanded to exercise towards him, uncircumcised and out of the covenant, a justice and kindness denied to the multitudes who were circumcised, and within the covenant? But, the objector finds small gain to his argument on the supposition that the covenant respected merely the fugitives from the surrounding nations, while it left the servants of the Israelites in a condition against their wills. In that case, the surrounding nations would adopt retaliatory measures, and become so many asylums for Jewish fugitives. As these nations were not only on every side of them, but in their midst, such a proclamation would have been an effectual lure to men whose condition was a constant counteraction of will. Besides the same command which protected the servant from the power of his foreign master, protected him equally from the power of an Israelite. It was not, merely "Thou shalt not deliver him unto his master," but "he shall dwell with thee, in that place which he shall choose in one of thy gates where it liketh him best." Every Israelite was forbidden to put him in any condition against his will. What was this but a proclamation, that all who chose to live in the land and obey the laws, were left to their own free will, to dispose of their services at such a rate, to such persons, and in such places as they pleased? Besides, grant that this command prohibited the sending back of foreign servants only, there was no law requiring the return of servants who had escaped from the Israelites. Property lost, and cattle escaped, they were required to return, but not escaped servants. These verses contain, 1st, a command, "Thou shalt not deliver," &c., 2d. a declaration of the fugitive's right of free choice, and of God's will that he should exercise it at his own discretion; and 3d, a command guarding this right, namely, "Thou shalt not oppress him," as though God had said, "If you restrain him from exercising his own choice, as to the place and condition of his residence, it is oppression, and shall not be tolerated."[A]
[Footnote A: Perhaps it may be objected that this view of Deut. xxiii. 15, 16, makes nonsense of Ex. xxi. 27, which provides that if a man strikes out his servant's tooth he shall let him go free. Small favor indeed if the servant might set himself free whenever he pleased! Answer—The former passage might remove the servant from the master's authority, without annulling the master's legal claims upon the servant, if he had paid him in advance and had not received from him an equivalent, and this equally, whether his master were a Jew or a Gentile. The latter passage, "He shall let him go free for his tooth's sake," not only freed the servant from the master's authority, but also from any pecuniary claim which the master might have on account of having paid his wages in advance; and this as a compensation, for the loss of a tooth.]
III. THE SERVANTS HAD PECULIAR OPPORTUNITIES AND FACILITIES FOR ESCAPE. Three times every year, all the males over twelve years, were required to attend the national feasts. They were thus absent from their homes not less than three weeks at each time, making nine weeks annually. As these caravans moved over the country, were there military scouts lining the way, to intercept deserters?—a corporal's guard at each pass of the mountains, sentinels pacing the hilltops, and light-horse scouring the defiles? The Israelites must have had some safe contrivance for taking their "slaves" three times in a year to Jerusalem and back. When a body of slaves is moved any distance in our republic, they are handcuffed and chained together, to keep them from running away, or beating their drivers' brains out. Was this the Mosaic plan, or an improvement introduced by Samuel, or was it left for the wisdom of Solomon? The usage, doubtless, claims a paternity not less venerable and biblical! Perhaps they were lashed upon camels, and transported in bundles, or caged up and trundled on wheels to and fro, and while at the Holy City, "lodged in jail for safe keeping," the Sanhedrim appointing special religious services for their benefit, and their "drivers" officiating at "ORAL instruction." Meanwhile, what became of the sturdy handmaids left at home? What hindered them from stalking off in a body? Perhaps the Israelitish matrons stood sentry in rotation round the kitchens, while the young ladies scoured the country, as mounted rangers, picking up stragglers by day, and patrolled the streets, keeping a sharp look-out at night!
IV. WILFUL NEGLECT OF CEREMONIAL RITES DISSOLVED THE RELATION.
Suppose the servants from the heathen had, upon entering Jewish families, refused circumcision; if slaves, how simple the process of emancipation! Their refusal did the job. Or, suppose they had refused to attend the annual feasts, or had eaten leavened bread during the Passover, or compounded the ingredients of the anointing oil, or had touched a dead body, a bone, or a grave, or in any way had contracted ceremonial uncleanness, and refused to be cleansed with the "water of separation," they would have been "cut off from the people;" excommunicated. Ex. xii. 19; xxx. 33; Num. xix. 16.
V. SERVANTS OF THE PATRIARCHS NECESSARILY VOLUNTARY.
Abraham's servants are an illustration. At one time he had three hundred and eighteen young men "born in his house," and many more not born in his house. His servants of all ages were probably MANY THOUSANDS. How did Abraham and Sarah contrive to hold fast so many thousand servants against their wills? The most natural supposition is that the Patriarch and his wife "took turns" in surrounding them! The neighboring tribes, instead of constituting a picket guard to hem in his servants, would have been far more likely to sweep them and him into captivity, as they did Lot and his household. Besides, there was neither "constitution" nor "compact," to send back Abraham's fugitives, nor a truckling police to pounce upon them, nor gentlemen-kidnappers, suing for his patronage, volunteering to howl on their track, boasting their blood-hound scent, and pledging their honour to hunt down and deliver up, provided they had a description of the "flesh-marks," and were suitably stimulated by pieces of silver.[A] Abraham seems also to have been sadly deficient in all the auxiliaries of family government, such as stocks, hand-cuffs, foot-chains, yokes, gags, and thumb-screws. His destitution of these patriarchal indispensables is the more afflicting, since he faithfully trained "his household to do justice and judgment," though so deplorably destitute of the needful aids.
[Footnote A: The following is a standing newspaper advertisement of one of these professional man-catchers, a member of the New York bar, who coolly plies his trade in the commercial emporium, sustained by the complacent greetings and courtesies of "HONORABLE MEN!" "IMPORTANT TO THE SOUTH.—F.H. Pettis, native of Orange County, Va., being located in the city of New York, in the practice of law, announces to his friends and the public in general, that he has been engaged as Counsel and Adviser in General for a party whose business it is in the northern cities to arrest and secure runaway slaves. He has been thus engaged for several years, and as the act of Congress alone governs now in this city, in business of this sort, which renders it easy for the recovery of such property, he invites post paid communications to him, inclosing a fee of $20 in each case, and a power of Attorney minutely descriptive of the party absconded, and if in the northern region, he, or she will soon be had.
"Mr. Pettis will attend promptly to all law business confided to him.
"N.B. New York City is estimated to contain 5,000 Runaway Slaves.
"PETTIS." ]
Probably Job had even more servants than Abraham. See Job. i. 3, 14-19, and xlii. 12. That his thousands of servants staid with him entirely of their own accord, is proved by the fact of their staying with him. Suppose they had wished to quit his service, and so the whole army had filed off before him in full retreat, how could the patriarch have brought them to halt? Doubtless with his wife, seven sons, and three daughters for allies, he would have soon out-flanked the fugitive host and dragged each of them back to his wonted chain and staple.
But the impossibility of Job's servants being held against their wills, is not the only proof of their voluntary condition. We have his own explicit testimony that he had not "withheld from the poor their desire." Job. xxxi. 16. Of course he could hardly have made them live with him, and forced them to work for him against their desire.
When Isaac sojourned in the country of the Philistines he "had great store of servants." And we have his testimony that the Philistines hated him, added to that of inspiration that they "envied" him. Of course they would hardly volunteer to organize patroles and committees of vigilance to keep his servants from running away, and to drive back all who were found beyond the limits of his plantation without a "pass!" If the thousands of Isaac's servants were held against their wills, who held them?
The servants of the Jews, during the building of the wall of Jerusalem, under Nehemiah, may be included under this head. That they remained with their masters of their own accord, we argue from the fact, that the circumstances of the Jews made it impossible for them to compel their residence and service. They were few in number, without resources, defensive fortifications, or munitions of war, and surrounded withal by a host of foes, scoffing at their feebleness and inviting desertion from their ranks. Yet so far from the Jews attempting in any way to restrain their servants, or resorting to precautions to prevent escape, they put arms into their hands, and enrolled them as a night-guard, for the defence of the city. By cheerfully engaging in this service and in labor by day, when with entire ease they might all have left their masters, marched over to the enemy, and been received with shoutings, the servants testified that their condition was one of their own choice, and that they regarded their own interests as inseparably identified with those of their masters. Neh. iv. 23.
VI. NO INSTANCES OF ISRAELITISH MASTERS SELLING SERVANTS. Neither Abraham nor Isaac seem ever to have sold one, though they had "great store of servants." Jacob was himself a servant in the family of Laban twenty-one years. He had afterward a large number of servants. Joseph invited him to come into Egypt, and to bring all that he had with him—"thou and thy children, and thy children's children, and thy flocks and thy herds, and ALL THAT THOU HAST." Gen. xlv. 10. Jacob took his flocks and herds but no servants. Yet we are told that Jacob "took his journey with all that he had." Gen. xlvi. 1. And after his arrival in Egypt, Joseph said to Pharaoh "my father, and my brethren, and their flocks, and their herds and all that they have, are come." Gen. xlvii. 1. The servants doubtless, served under their own contracts, and when Jacob went into Egypt, they chose to stay in their own country.
The government might sell thieves, if they had no property, until their services had made good the injury, and paid the legal fine. Ex. xxii. 3. But masters seem to have had no power to sell their servants. To give the master a right to sell his servant, would annihilate the servant's right of choice in his own disposal; but says the objector, "to give the master a right to buy a servant, equally annihilates the servant's right of choice." Answer. It is one thing to have a right to buy a man, and a quite another thing to have a right to buy him of another man.[A]
[Footnote A: There is no evidence that masters had the power to dispose of even the services of their servants, as men hire out their laborers whom they employ by the year; but whether they had or not, affects not the argument.]
Though servants were not bought of their masters, yet young females were bought of their fathers. But their purchase as servants was their betrothal as WIVES. Ex. xxi. 7, 8. "If a man sell his daughter to be a maid-servant, she shall not go out as the men-servants do. If she please not her master WHO HATH BETROTHED HER TO HIMSELF, he shall let her be redeemed."[B]
[Footnote B: The comment of Maimonides on this passage is as follows:—"A Hebrew handmaid might not be sold but to one who laid himself under obligations, to espouse her to himself or to his son, when she was fit to be betrothed."—Maimonides—Hilcoth—Obedim, Ch. IV. Sec. XI. Jarchi, on the same passage, says, "He is bound to espouse her to be his wife, for the money of her purchase is the money of her espousal."]
VII. VOLUNTARY SERVANTS FROM THE STRANGERS.
We infer that all the servants from the Strangers were voluntary in becoming such, since we have direct testimony that some of them were so. "Thou shalt not oppress an hired servant that is poor and needy, whether he be of thy brethren, OR OF THY STRANGERS that are in thy land within thy gates." Deut. xxiv. 14. We learn from this that some of the servants, which the Israelites obtained from the strangers were procured by presenting the inducement of wages to their free choice, thus recognizing their right to sell their services to others, or not, at their own pleasure. Did the Israelites, when they went among the heathen to procure servants, take money in one hand and ropes in the other? Did they ask one man to engage in their service, and drag along with them the next that they met, in spite of his struggles. Did they knock for admission at one door and break down the next? Did they go through one village with friendly salutations and respectful demeanor, and with the air of those soliciting favors, offer wages to the inhabitants as an inducement to engage in their service—while they sent on their agents to prowl through the next, with a kidnapping posse at their heels, to tear from their homes as many as they could get within their clutches?
VIII. HEBREW SERVANTS VOLUNTARY.
We infer that the Hebrew servant was voluntary in COMMENCING his service, because he was preeminently so IN CONTINUING it. If, at the year of release, it was the servant's choice to remain with his master, the law required his ear to be bored by the judges of the land, thus making it impossible for him to be held against his will. Yea more, his master was compelled to keep him, however much he might wish to get rid of him.
IX. THE MANNER OF PROCURING SERVANTS, AN APPEAL TO CHOICE.
The Israelites were commanded to offer them a suitable inducement, and then leave them to decide. They might neither seize them by force, nor frighten them by threats, nor wheedle them by false pretences, nor borrow them, nor beg them; but they were commanded to BUY them[A]—that is, they were to recognize the right of the individuals to dispose of their own services, and their right to refuse all offers, and thus oblige those who made them, to do their own work. Suppose all, with one accord, had refused to become servants, what provision did the Mosaic law make for such an emergency? NONE.
[Footnote A: The case of thieves, whose services were sold until they had earned enough to make restitution to the person wronged, and to pay the legal penalty, stands by itself, and has nothing to do with the condition of servants.]
X. INCIDENTAL CORROBORATIVES. Various incidental expressions corroborate the idea that servants became such by their own contract. Job. xli. 4, is an illustration, "Will he (Leviathan) make a COVENANT with thee? wilt thou take him for a SERVANT forever?" Isa. xiv. 1, 2 is also an illustration. "The strangers shall be joined with them (the Israelites) and they shall CLEAVE to the house of Jacob, and the house of Israel shall possess them in the land of the Lord, for servants and handmaids."
The transaction which made the Egyptians the SERVANTS OF PHARAOH was voluntary throughout. See Gen. xlvii. 18-26. Of their own accord they came to Joseph and said, "There is not aught left but our bodies and our lands; buy us;" then in the 25th verse, "We will be Pharaoh's servants." To these it may be added, that the sacrifices and offerings which ALL were required to present, were to be made VOLUNTARILY. Lev. i. 2. 3.
The pertinence and point of our Lord's declaration in Luke xvi. 13, is destroyed on the supposition that servants did not become such by their own choice. "No servant can serve two masters: for either he will hate the one and love the other, or else he will hold to the one and despise the other." Let it be kept in mind, that our Lord was a Jew. The lost sheep of the house of Israel were his flock. Wherever he went, they were around him: whenever he spake, they were his auditors. His public preaching and his private teaching and conversation, were full of references to their own institutions, laws and usages, and of illustrations drawn from them. In the verse quoted, he illustrates the impossibility of their making choice of God as their portion, and becoming his servants, while they chose the world, and were its servants. To make this clear, he refers to one of their own institutions, that of domestic service, with which, in all its relations, incidents and usages, they were perfectly familiar. He reminds them of the well-known impossibility of any person being the servant of two masters, and declares the sole ground of that impossibility to be, the fact that the servant chooses the service of the one, and spurns that of the other. "He shall hold to the one and despise (reject) the other." As though our Lord had said, "No one can become the servant of another, when his will revolts from his service, and when the conditions of it tend to make him hate the man." Since the fact that the servant spurns one of two masters, makes it impossible for him to serve that one, if he spurned both it would make it impossible for him to serve either. So, also, if the fact that an individual did not "hold to" or choose the service of another, proves that he could not become his servant, then the question, whether or not he should become the servant of another was suspended on his own will. Further, the phraseology of the passage shows that the choice of the servant decided the question. "He will HOLD TO the one,"—hence there is no difficulty in the way of his serving him; but "no servant can serve" a master whom he does not "hold to," or cleave to, whose service he does not choose. This is the sole ground of the impossibility asserted by our Lord.
The last clause of the verse furnishes an application of the principle asserted in the former part, "Ye cannot serve God and mammon." Now in what does the impossibility of serving both God and the world consist? Solely in the fact that the will which chooses the one refuses the other, and the affections which "hold to" the one, reject the other. Thus the question, Which of the two is to be served, is suspended alone upon the choice of the individual.
XI. RICH STRANGERS DID NOT BECOME SERVANTS. Indeed, so far were they from becoming servants themselves, that they bought and held Jewish servants. Lev. xxv. 47. Since rich strangers did not become servants to the Israelites, we infer that those who did, became such not because they were strangers, but because they were poor,—not because, on account of their being heathen, they were compelled by force to become servants, but because, on account of their poverty, they chose to become servants to better their condition.
XII. INSTANCES OF VOLUNTARY SERVANTS. Mention is often made of persons becoming servants who were manifestly VOLUNTARY. As the Prophet Elisha. 1 Kings xix. 21; 2 Kings iii. 11. Elijah was his master. 2 Kings ii. 5. The word translated master, is the same that is so rendered in almost every instance where masters are spoken of under the Mosaic and patriarchal systems. Moses was the servant of Jethro. Ex. iii. 1; iv. 10. Joshua was the servant of Moses. Ex. xxxiii. 11. Num. xi. 28. Jacob was the servant of Laban. Gen. xxix. 18-27. See also the case of the Gibeonites who voluntarily became servants to the Israelites and afterwards performed service for the "house of God" throughout the subsequent Jewish history, were incorporate with the Israelites, registered in the genealogies, and manifestly of their own accord remained with them, and "clave" to them. Neh. x. 28, 29; xi. 3; Ez. vii. 7.
Finally, in all the regulations respecting servants and their service, no form of expression is employed from which it could be inferred, that servants were made such, and held in that condition by force. Add to this the entire absence of all the machinery, appurtenances and incidents of compulsion.
Voluntary service on the part of servants would have been in keeping with regulations which abounded in the Mosaic system and sustained by a multitude of analogies. Compulsory service on the other hand, could have harmonized with nothing, and would have been the solitary disturbing force, marring its design, counteracting its tendencies, and confusing and falsifying its types. The directions given to regulate the performance of service for the public, lay great stress on the willingness of those employed to perform it. For the spirit and usages that obtained under the Mosaic system in this respect, see 1 Chron. xxviii. 21; Ex. xxxv. 5, 21, 22, 29; 1 Chron. xxix. 5, 6, 9, 14, 17; Ex. xxv. 2; Judges v. 2; Lev. xxii. 29; 2 Chron. xxxv. 8; Ezra i. 6; Ex. xxxv; Neh. xi. 2.[A]
[Footnote A: We should naturally infer that the directions which regulated the rendering of service to individuals, would proceed upon the same principle in this respect with those which regulated the rendering of service to the public. Otherwise the Mosaic system, instead of constituting in its different parts a harmonious whole, would be divided against itself; its principles counteracting and nullifying each other.]
Again, the voluntariness of servants is a natural inference from the fact that the Hebrew word ebedh, uniformly rendered servant, is applied to a great variety of classes and descriptions of persons under the patriarchal and Jewish dispensations, all of whom were voluntary and most of them eminently so. For instance, it is applied to persons rendering acts of worship about seventy times, whereas it is applied to servants not more than half that number of times.
To this we may add, that the illustrations drawn from the condition and service of servants and the ideas which the term servant is employed to convey when applied figuratively to moral subjects would, in most instances, lose all their force, and often become absurdities if the will of the servant resisted his service, and he performed it only by compulsion. Many passages will at once occur to those who are familiar with the Bible. We give a single example. "To whom YE YIELD YOURSELVES servants to obey, his servants ye are to whom ye obey." Rom. vi. 16. It would hardly be possible to assert the voluntariness of servants more strongly in a direct proposition than it is here asserted by implication.
III. WERE SERVANTS FORCED TO WORK WITHOUT PAY
As the servants became and continued such of their own accord, it would be no small marvel if they chose to work without pay. Their becoming servants, pre-supposes compensation as a motive. That they were paid for their labor, we argue.
1. BECAUSE GOD REBUKED THE USING OF SERVICE WITHOUT WAGES. "Wo unto him that buildeth his house by unrighteousness, and his chambers by wrong; THAT USETH HIS NEIGHBOR'S SERVICE WITHOUT WAGES, AND GIVETH HIM NOT FOR HIS WORK." Jer. xxii. 13. The Hebrew word rea, translated neighbor, means any one with whom we have to do—all descriptions of persons, even those who prosecute us in lawsuits, and enemies while in the act of fighting us—"As when a man riseth against his NEIGHBOR and slayeth him." Deut. xxii. 26. "Go not forth hastily to strive, lest thou know not what to do in the end thereof, when thy NEIGHBOR hath put thee to shame." Prov. xxv. 8. "Thou shalt not bear false witness against thy NEIGHBOR." Ex. xx. 16. "If a man come presumptuously upon his NEIGHBOR to slay him with guile." Ex. xxi. 14, &c. The doctrine plainly inculcated in this passage is, that every man's labor, or "service," being his own property, he is entitled to the profit of it, and that for another to "use" it without paying him the value of it, is "unrighteousness." The last clause of the verse "and giveth him not for his work," reaffirms the same principle, that every man is to be paid for "his work." In the context, the prophet contrasts the unrighteousness of those who used the labor of others without pay, with the justice and equity practiced by their patriarchal ancestor toward the poor. "Did not thy father eat and drink and do judgment and justice, and then it was well with him. He judged the cause of the poor and needy; then it was well with him. But thine eyes and thine heart are not but for thy covetousness, and for to shed innocent blood, and for oppression, and for violence to do it." Jer. xxii. 15, 16. 17.[A]
[Footnote A: Paul lays down the same principle in the form of a precept "Masters give unto your servants that which is JUST and EQUAL." Col. iv. 1. Thus not only asserting the right of the servant to an equivalent for his labor, and the duty of the master to render it, but condemning all those relations between master and servant which were not founded upon justice and equality of rights. The apostle James enforces the same principle. "Behold, the hire of the laborers, who have reaped down your fields, which is of you kept back by fraud, crieth." James v. 4. As though he had said, "wages are the right of laborers; those who work for you have a just claim on you for pay; this you refuse to render, and thus defraud them by keeping from them what belongs to them." See also Mal. iii 5.]
II. GOD TESTIFIES THAT IN OUR DUTY TO OUR FELLOW MEN, ALL THE LAW AND THE PROPHETS HANG UPON THIS COMMAND, "THOU SHALT LOVE THY NEIGHBOR AS THYSELF." Our Savior, in giving this command, quoted verbatim one of the laws of the Mosaic system. Lev. xix. 18. In the 34th verse of the same chapter, Moses applies this law to the treatment of strangers, "The stranger that dwelleth with you shall be unto you as one born among you, and THOU SHALT LOVE HIM AS THYSELF." If it be loving others as ourselves, to make them work for us without pay; to rob them of food and clothing also, would be a stronger illustration still of the law of love! Super-disinterested benevolence! And if it be doing unto others as we would have them do to us, to make them work for our own good alone, Paul should be called to order for his hard sayings against human nature, especially for that libellous matter in Eph. v. 29, "No man ever yet hated his own flesh, but nourisheth it and cherisheth it."
III. SERVANTS WERE OFTEN WEALTHY. As persons became servants FROM POVERTY, we argue that they were compensated, since they frequently owned property, and sometimes a large amount. Ziba, the servant of Mephibosheth, gave David "Two hundred loaves of bread, and a hundred bunches of raisins, and a hundred of summer fruits, and a bottle of wine." 2 Sam. xvi. 1. The extent of his possessions can be inferred from the fact, that though the father of fifteen sons, he had twenty servants. In Lev. xxv. 47-49, where a servant, reduced to poverty, sold himself, it is declared that he may be redeemed, either by his kindred, or by HIMSELF. Having been forced to sell himself from poverty, he must have acquired considerable property after he became a servant. If it had not been common for servants to acquire property over which they had the control, the servant of Elisha would hardly have ventured to take a large sum of money, (nearly $3000[A]) from Naaman, 2 Kings v. 22, 23. As it was procured by deceit, he wished to conceal the means used in getting it; but if servants could "own nothing, nor acquire anything," to embark in such an enterprise would have been consummate stupidity. The fact of having in his possession two talents of silver, would of itself convict him of theft.[B] But since it was common for servants to own property, he might have it, and invest or use it, without attracting special attention, and that consideration alone would have been a strong motive to the act. His master, though he rebuked him for using such means to get the money, not only does not take it from him, but seems to expect that he would invest it in real estate, and cattle, and would procure servants with it. 2 Kings v. 26. We find the servant of Saul having money, and relieving his master in an emergency. 1 Sam. ix. 8. Arza, the servant of Elah, was the owner of a house. That it was somewhat magnificent, would be a natural inference from its being a resort of the king. 1 Kings xvi. 9. When Jacob became the servant of Laban, it was evidently from poverty, yet Laban said to him, Tell me "what shall thy wages be?" After Jacob had been his servant for ten years, he proposed to set up for himself, but Laban said "Appoint me thy wages and I will give it," and he paid him his price. During the twenty years that Jacob was a servant, he always worked for wages and at his own price. Gen. xxix. 15, 18; xxx. 28-33. The case of the Gibeonites, who, after becoming servants, still occupied their cities, and remained in many respects, a distinct people for centuries;[C] and that of the 150,000 Canaanites, the servants of Solomon, who worked out their "tribute of bond-service" in levies, periodically relieving each other, are additional illustrations of independence in the acquisition and ownership of property.
[Footnote A: Though we have not sufficient data to decide upon the relative value of that sum, then and now, yet we have enough to warrant us in saying that two talents of silver, had far more value then than three thousand dollars have now.]
[Footnote B: Whoever heard of the slaves in our southern states stealing a large amount of money? They "know how to take care of themselves" quite too well for that. When they steal, they are careful to do it on such a small scale, or in the taking of such things as will make detection difficult. No doubt they steal now and then, and a gaping marvel would it be if they did not. Why should they not follow in the footsteps of their masters and mistresses? Dull scholars indeed! if, after so many lessons from proficients in the art, who drive the business by wholesale, they should not occasionally copy their betters, fall into the fashion, and try their hand in a small way, at a practice which is the only permanent and universal business carried on around them! Ignoble truly! never to feel the stirrings of high impulse, prompting to imitate the eminent pattern set before them in the daily vocation of "Honorables" and "Excellencies," and to emulate the illustrious examples of Doctors of Divinity, and Right and Very Reverends! Hear President Jefferson's testimony. In his Notes on Virginia, pp. 207-8, speaking of slaves, he says, "That disposition to theft with which they have been branded, must be ascribed to their situation, and not to any special depravity of the moral sense. It is a problem which I give the master to solve, whether the religious precepts against the violation of property were not framed for HIM as well as for his slave—and whether the slave may not as justifiably take a little from one who has taken ALL from him, as he may slay one who would slay him?"]
[Footnote C: The Nethinims, which name was afterwards given to the Gibeonites on account of their being set apart for the service of the tabernacle, had their own houses and cities and "dwelt every one in his own possession." Neh. xi. 3. 21; Ezra ii. 70; 1 Chron. ix. 2.]
Again. The Israelites often hired servants from the strangers. Deut. xxiv. 17.
Since then it is certain that they gave wages to a part of their Canaanitish servants, thus recognizing their right to a reward for their labor, we infer that they did not rob the rest of their earnings.
If God gave them a license to make the strangers work for them without pay—if this was good and acceptable in His sight, and right and just in itself, they must have been great fools to have wasted their money by paying wages when they could have saved it, by making the strangers do all their work for nothing! Besides, by refusing to avail themselves of this "Divine license," they despised the blessing and cast contempt on the giver! But far be it from us to do the Israelites injustice; perhaps they seized all the Canaanites they could lay their hands on, and forced them to work without pay, but not being able to catch enough to do their work, were obliged to offer wages in order to eke out the supply!
The parable of our Lord, contained in Mat. xviii. 23-34, not only derives its significance from the fact, that servants can both own and owe and earn property, over which they had the control, but would be made a medley of contradictions on any other supposition.—1. Their lord at a set time proceeded to "take account" and "reckon" with his servants; the phraseology itself showing that the relations between the parties, were those of debt and credit. 2. As the reckoning went on, one of his servants was found to owe him ten thousand talents. From the fact that the servant owed this to his master, we naturally infer, that he must have been at some time, and in some way, the responsible owner of that amount, or of its substantial equivalent. Not that he had had that amount put into his hands to invest, or disburse, in his master's name, merely as his agent, for in that case no claim of debt for value received would lie, but, that having sustained the responsibilities of legal proprietorship, he was under the liabilities resulting therefrom. 3. Not having on hand wherewith to pay, he says to his master "have patience with me and I will pay thee all." If the servant had been his master's property, his time and earnings belonged to the master as a matter of course, hence the promise to earn and pay over that amount, was virtually saying to his master, "I will take money out of your pocket with which to pay my debt to you," thus adding insult to injury. The promise of the servant to pay the debt on condition that the time for payment should be postponed, not only proceeds upon the fact that his time was his own, that he was constantly earning property or in circumstances that enabled him to earn it, and that he was the proprietor of his earnings, but that his master had full knowledge of that fact.—In a word, the supposition that the master was the owner of the servant, would annihilate all legal claim upon him for value received, and that the servant was the property of the master, would absolve him from all obligations of debt, or rather would always forestall such obligations—for the relations of owner and creditor in such case, would annihilate each other, as would those of property and debtor. The fact that the same servant was the creditor of one of his fellow servants, who owed him a considerable sum, and that at last he was imprisoned until he should pay all that was due to his master, are additional corroborations of the same point. |
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