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[Footnote A: The French language in this respect follows the same analogy. Our word grandson being in French, petit fils, (little son.)]
Even if the Africans were the descendants of Canaan, the assumption that their enslavement is a fulfilment of this prophecy, lacks even plausibility, for, only a mere fraction of the inhabitants of Africa have at any one time been the slaves of other nations. If the objector say in reply, that a large majority of the Africans have always been slaves at home, we answer, 1st. It is false in point of fact, though zealously bruited often to serve a turn. 2d. If it were true, how does it help the argument? The prophecy was, "Cursed be Canaan; a servant of servants shall he be unto his brethren" not unto himself!
OBJECTION II.—"If a man smite his servant or his maid with a rod, and he die under his hand, he shall surely be punished. Notwithstanding, if he continue a day or two, he shall not be punished, for he is his money." Exodus xxi. 20, 21.
Arguments drawn from the Mosaic system in support of slavery, originate in a misconception both of its genius, as a whole, and of the design and scope of its most simple provisions. The verses quoted above, afford an illustration in point.
What was the design of this regulation? Was it to grant masters an indulgence to beat servants with impunity? and an assurance, that if they beat them to death, the offence would not be capital? This is substantially what some modern Doctors tell us. What Deity do such men worship? Some blood-gorged Moloch, enthroned on human hecatombs, and snuffing carnage for incense? Did He who thundered out from Sinai's flames, "THOU SHALT NOT KILL," offer a bounty on murder? Whoever analyzes the Mosaic system—the condition of the people for whom it was made—their inexperience in government—ignorance of judicial proceedings—laws of evidence, &c., will find a moot court in session, trying law points—setting definitions, or laying down rules of evidence, in almost every chapter. Numbers xxxv. 10-22; Deuteronomy xi. 11, and xix. 4-6; Leviticus xxiv. 19-22; Exodus, xxi. 18, 19, are a few, out of many cases stated, with tests furnished by which to detect the intent, in actions brought before them. The detail gone into, in the verses quoted, is manifestly to enable the judges to get at the motive of the action, and find out whether the master designed to kill.
1. "If a man smite his servant with a rod."—The instrument used, gives a clue to the intent. See Numbers xxxv. 16, 18. It was a rod, not an axe, nor a sword, nor a bludgeon, nor any other death-weapon—hence, from the kind of instrument, no design to kill would be inferred; for intent to kill would hardly have taken a rod for its weapon. But if the servant dies under his hand, then the unfitness of the instrument, instead of being evidence in his favor, is point blank against him; for, to strike him with a rod until he dies, argues a great many blows laid on with great violence, and this kept up to the death-gasp, establishes the point of intent to kill. Hence the sentence, "He shall surely be punished." The case is plain and strong. But if he continued a day or two, the length of time that he lived, together with the kind of instrument used, and the fact that the master had a pecuniary interest in his life, ("he is his money,") all, made out a strong case of circumstantial evidence, showing that the master did not design to kill; and required a corresponding decision and sentence. A single remark on the word "punished:" in Exodus xxi. 20, 21, the Hebrew word here rendered punished, (Nakum,) is not so rendered in another instance. Yet it occurs thirty-five times in the Old Testament—in almost every instance, it is translated avenge—in a few, "to take vengeance," or "to revenge," and in this instance ALONE, "punish." As it stands in our translation, the pronoun preceding it, refers to the master—the master in the 21st verse, is to be punished, and in the 22d not to be punished; whereas the preceding pronoun refers neither to the master nor to the servant, but to the crime, and the word rendered punished, should have been rendered avenged. The meaning is this: If a man smite his servant or his maid with a rod, and he die under his hand, IT (the death) shall surely be avenged, or literally, by avenging it shall be avenged; that is, the death of the servant shall be avenged by the death of the master. So in the next verse—"If he continues a day or two," his death shall not be avenged by the death of the master, for in that case the crime was to be adjudged manslaughter, and not murder, as in the first instance. In the following verse, another case of personal injury is stated, not intentional, nor extending to life or limb, a mere accidental hurt, for which the injurer is to pay a sum of money; and yet our translators employ the same phraseology in both places. One, an instance of deliberate, wanton, killing by piecemeal. The other and accidental, and comparatively slight injury—of the inflicter, in both cases, they say the same thing! "He shall surely be punished." Now, just the difference which common sense would expect to find in such cases, where GOD legislates, is strongly marked in the original. In the case of the servant wilfully murdered, God says, "It (the death) shall surely be avenged," (Nakum,) that is, the life of the wrong doer shall expiate the crime. The same word is used in the Old Testament, when the greatest wrongs are redressed, by devoting the perpetrators, whether individuals or communities, to destruction. In the case of the unintentional injury, in the following verse, God says, "He shall surely be" fined, (Aunash.) "He shall pay as the judges determine." The simple meaning of the word Aunash, is to lay a fine. It is used in Deut. xxii. 19. They shall amerce him in one hundred shekels," and in 2 Chron. xxxvi. 3—"He condemned (mulcted) the land in a hundred talents of gold.—This is the general use of the word, and its primary signification. That avenging the death of the servant, was neither imprisonment, nor stripes, nor amercing the master in damages, but that it was taking the master's life we infer.
1. From the Bible usage of the word Nakam. See Genesis iv. 24; Joshua x. 13; Judges xv. 7-xvi. 28; 1 Samuel xiv. 24-xviii. 25-xxv. 31; 2 Samuel iv. 8; Judges v. 2; 1 Samuel xxv. 26-33, &c. &c.
2. From the express statute in such case provided. Leviticus xxiv. 17. "He that killeth ANY man shall surely be put to death." Also Numbers xxxv. 30, 31. "Whoso killeth ANY person, the murderer shall be put to death. Moreover ye shall take NO SATISFACTION for the life of a murderer which is guilty of death, but he shall surely be put to death."
3. The Targum of Jonathan gives the verse thus, "Death by the sword shall assuredly be adjudged." The Targum of Jerusalem thus, "Vengeance shall be taken for him to the uttermost." Jarchi gives the same rendering. The Samaritan version thus, "He shall die the death."
Again, the last clause in the 21st verse ("for he is his money") is often quoted to prove that the servant is his master's property, and therefore, if he died, the master was not to be punished. Because, 1st. A man may dispose of his property as he pleases. 2d. If the servant died of the injury, the master's loss was a sufficient punishment. A word about the premises, before we notice the inferences. The assumption is, that the phrase, "HE IS HIS MONEY," proves not only that the servant is worth money to the master, but that he is an article of property. If the advocates of slavery will take this principle of interpretation into the Bible, and turn it loose, let them either give bonds for its behavior, or else stand and draw in self-defence, "lest it turn again and rend" them. If they endorse for it at one point, they must stand sponsors all around the circle. It will be too late to cry for quarter when they find its stroke clearing the whole table, and tilting them among the sweepings beneath. The Bible abounds with such expressions as the following: "This (bread) is my body;" "this (wine) is my blood;" "all they (the Israelites) are brass, and tin, and iron, and lead;" "this is life eternal, that they might know thee;" "this (the water of the well of Bethlehem) is the blood of the men who went in jeopardy of their lives;" "I am the lily of the valleys;" "a garden enclosed is my sister;" "my tears have been my meat;" "the Lord God is a sun and a shield;" "God is love;" "the Lord is my rock;" "the seven good ears are seven years, and the seven good kine are seven years;" "the seven thin and ill-favored kine are seven years, and the seven empty ears blasted by the east wind shall be seven years of famine;" "he shall be head, and thou shall be tail;" "the Lord will be a wall of fire;" "they shall be one flesh;" "the tree of the field is man's life;" "God is a consuming fire;" "he is his money," &c. A passion for the exact literalities of Bible language is so amiable, it were hard not to gratify it in this case. The words in the original are (Kaspo-hu,) "his silver is he." The objector's principle of interpretation is, a philosopher's stone! Its miracle touch transmutes five feet eight inches of flesh and bones into solid silver! Quite a permanent servant, if not so nimble with all—reasoning against "forever," is forestalled henceforth, and, Deut. xxiii. 15, utterly outwitted.
Who in his senses believes that in the expression, "He is his money," the object was to inculcate the doctrine that the servant was a chattel? The obvious meaning is, he is worth money to his master, and since, if the master killed him, it would take money out of his pocket, the pecuniary loss, the kind of instrument used, and the fact of his living some time after the injury, (as, if the master meant to kill, he would be likely to do it while about it,) all together make out a strong case of presumptive evidence clearing the master of intent to kill. But let us look at the objector's inferences. One is, that as the master might dispose of his property as he pleased, he was not to be punished, if he destroyed it. Answer. Whether the servant died under the master's hand, or continued a day or two, he was equally his master's property, and the objector admits that in the first case the master is to be "surely punished" for destroying his own property! The other inference is, that since the continuance of a day or two, cleared the master of intent to kill, the loss of the slave would be a sufficient punishment for inflicting the injury which caused his death. This inference makes the Mosaic law false to its own principles. A pecuniary loss, constituted no part of the claims of the law, where a person took the life of another. In such case, the law utterly spurned money, however large the sum. God would not so cheapen human life, as to balance it with such a weight. "Ye shall take no satisfaction for the life of a murderer, but he shall surely be put to death." See Numb. xxxv. 31. Even in excusable homicide, a case of death purely accidental, as where an axe slipped from the helve and killed a man, no sum of money availed to release from confinement in the city of refuge, until the death of the High Priest. Numbers xxxv. 32. The doctrine that the loss of the servant would be a penalty adequate to the desert of the master, admits the master's guilt—his desert of some punishment, and it prescribes a kind of punishment, rejected by the law, in all cases where man took the life of man, whether with or without intent to kill. In short, the objector annuls an integral part of the system—resolves himself into a legislature, with power in the premises, makes a new law, and coolly metes out such penalty as he thinks fit, both in kind and quantity. Mosaic statutes amended, and Divine legislation revised and improved!
The master who struck out the tooth of a servant, whether intentionally or not, was required to set him free for his tooth's sake. The pecuniary loss to the master was the same as though the servant had died. Look at the two cases. A master beats his servant so severely, that after a day or two he dies of his wounds; another master accidentally strikes out his servant's tooth, and his servant is free—the pecuniary loss of both masters is the same. The objector contends that the loss of the slave's services in the first case is punishment sufficient for the crime of killing him; yet God commands the same punishment for even the accidental knocking out of a tooth! Indeed, unless the injury was done inadvertently, the loss of the servant's services is only a part of the punishment—mere reparation to the individual for injury done; the main punishment, that strictly judicial, was, reparation to the community for injury to one of its members. To set the servant free, and thus proclaim his injury, his right to redress, and the measure of it—answered not the ends of public justice. The law made an example of the offender, "those that remain might hear and fear." "If a man cause a blemish in his neighbour, as he hath done, so shall it be done unto him. Breach for breach, eye for eye, tooth for tooth; as he hath caused a blemish in a man, so shall it be done to him again. You have one manner of law as well for the STRANGER as for one of your own country." Lev. xxiv. 19, 20, 22. Finally, if a master smote out the tooth of a servant, the law smote out his tooth—thus redressing the public wrong; and it cancelled the servant's obligation to the master, thus giving some compensation for the injury done, and exempting him from perilous liabilities in future.
OBJECTION III. Both the bondmen and bondmaids which thou shalt have, shall be of the heathen that are round about you, of them shall ye buy bondmen and bondmaids. Moreover of the children of the strangers that do sojourn among you, of them shall ye buy, and of their families that are with you, which they begat in your land, and they shall be your possession. And ye shall take them as an inheritance for your children after you, to inherit them for a possession; they shall be your bondmen forever. Lev. xxv. 44-46.
The points in these verses, urged as proof, that the Mosaic system sanctioned slavery, are 1. The word "BONDMEN." 2. "BUY." 3. "INHERITANCE AND POSSESSION." 4. "FOREVER."
The second point, the buying of servants, has been already discussed, see page 15. And a part of the third (holding servants as a "possession." See p. 36.) We will now ascertain what sanction to slavery is derivable from the terms "bondmen," "inheritance," and "forever."
I. BONDMEN. The fact that servants, from the heathen are called "bondmen," while others are called "servants," is quoted as proof that the former were slaves. As the caprices of King James' translators were not divinely inspired, we need stand in no special awe of them. The word rendered bondmen, in this passage, is the same word uniformly rendered servants elsewhere. To infer from this that the Gentile servants were slaves, is absurd. Look at the use of the Hebrew word "Ebed," the plural of which is here translated "bondmen." In Isaiah xlii. 1, the same word is applied to Christ. "Behold my servant (bondman, slave?) whom I have chosen, mine elect in whom my soul delighteth." So Isaiah lii. 13. "Behold my servant (Christ) shall deal prudently." In 1 Kings xii. 6, 7, it is applied to King Rehoboam. "And they (the old men) spake unto him, saying if thou wilt be a servant (Ebed) unto this people this day, and will serve them and answer them, and wilt speak good words to them, then they will be thy servants forever." In 2 Chron. xii. 7, 8, 9, 13, it is applied to the king and all the nation. In fine, the word is applied to all persons doing service to others—to magistrates, to all governmental officers, to tributaries, to all the subjects of governments, to younger sons—defining their relation to the first born, who is called Lord and ruler—to prophets, to kings, to the Messiah, and in respectful addresses not less than fifty times in the Old Testament.
If the Israelites not only held slaves, but multitudes of them, why had their language no word that meant slave? If Abraham had thousands, and if they abounded under the Mosaic system, why had they no such word as slave or slavery? That language must be wofully poverty stricken, which has no signs to represent the most common and familiar objects and conditions. To represent by the same word, and without figure, property, and the owner of that property, is a solecism. Ziba was an "Ebed," yet he "owned" (!) twenty Ebeds. In English, we have both the words servant and slave. Why? Because we have both the things, and need signs for them. If the tongue had a sheath, as swords have scabbards, we should have some name for it: but our dictionaries give us none. Why? because there is no such thing. But the objector asks, "Would not the Israelites use their word Ebed if they spoke of the slave of a heathen?" Answer. The servants of individuals among the heathen are scarcely ever alluded to. National servants or tributaries, are spoken of frequently, but so rarely are their domestic servants alluded to, no necessity existed, even if they were slaves, for coining a new word. Besides, the fact of their being domestics, under heathen laws and usages, proclaimed their liabilities; their locality told their condition; so that in applying to them the word Ebed, there would be no danger of being misunderstood. But if the Israelites had not only servants, but besides these, a multitude of slaves, a word meaning slave, would have been indispensable for purposes of every day convenience. Further, the laws of the Mosaic system were so many sentinels on every side, to warn off foreign practices. The border ground of Canaan, was quarantine ground, enforcing the strictest non-intercourse between the without and the within, not of persons, but of usages. The fact that the Hebrew language had no words corresponding to slave and slavery, though not a conclusive argument, is no slight corroborative.
II. "FOREVER."—"They shall be your bondmen forever." This is quoted to prove that servants were to serve during their life time, and their posterity, from generation to generation.
No such idea is contained in the passage. The word forever, instead of defining the length of individual service, proclaims the permanence of the regulation laid down in the two verses preceding, namely, that their permanent domestics should be of the Strangers, and not of the Israelites; and it declares the duration of that general provision. As if God had said, "You shall always get your permanent laborers from the nations round about you—your servants shall always be of that class of persons." As it stands in the original, it is plain—"Forever of them shall ye serve yourselves." This is the literal rendering of the Hebrew words, which, in our version, are translated, "They shall be your bondmen forever."
This construction is in keeping with the whole of the passage. "Both thy bondmen and thy bondmaids, which thou shalt have, shall be of the heathen (the nations) that are round about you. OF THEM shall ye buy bondmen and bondmaids. Moreover of the children of the strangers that do sojourn among you, OF THEM shall ye buy," &c. The design of this passage is manifest from its structure. It was to point out the class of persons from which they were to get their supply of servants, and the way in which they were to get them. That "forever" refers to the permanent relations of a community, rather than to the services of individuals, is a fair inference from the form of the expression, "THEY shall be your possession. Ye shall take them as an inheritance for your children to inherit them for a possession." To say nothing of the uncertainty of these individuals surviving those after whom they are to live, the language used, applies more naturally to a body of people, than to individual servants.
But suppose it otherwise; still perpetual service could not be argued from the term forever. The ninth and tenth verses of the same chapter, limit it absolutely by the jubilee. "Then shall thou cause the trumpet of the jubilee to sound on the tenth day of the seventh month: in the day of atonement shall ye make the trumpet sound throughout ALL your land." "And ye shall hallow the fiftieth year, and proclaim liberty throughout all the land unto ALL the inhabitants thereof."
It may be objected that "inhabitants" here means Israelitish inhabitants alone. The command is, "Proclaim liberty throughout all the land unto ALL the inhabitants thereof." Besides, in the sixth verse, there is an enumeration of the different classes of the inhabitants, in which servants and strangers are included. "And the Sabbath of the land shall be meet for YOU—[For whom? For you Israelites only?]—for thee, and for thy SERVANT, and for thy maid, and for thy hired servant, and for thy STRANGER that sojourneth with thee."
Further, in all the regulations of the jubilee, and the sabbatical year, the strangers are included in the precepts, prohibitions, and promised blessings. Again: the year of jubilee was ushered in, by the day of atonement. What was the design of these institutions? The day of atonement prefigured the atonement of Christ, and the year of jubilee, the gospel jubilee. And did they prefigure an atonement and a jubilee to Jews only? Were they the types of sins remitted, and of salvation, proclaimed to the nation of Israel alone? Is there no redemption for us Gentiles in these ends of the earth, and is our hope presumption and impiety? Did that old partition wall survive the shock, that made earth quake, and hid the sun, burst graves and rocks, and rent the temple vail? And did the Gospel only rear it higher to thunder direr perdition from its frowning battlements on all without? No! The God of OUR salvation lives. "Good tidings of great joy shall be to ALL people." One shout shall swell from all the ransomed, "Thou hast redeemed us unto God by thy blood out of EVERY kindred, and tongue, and people, and nation." To deny that the blessings of the jubilee extended to the servants from the Gentiles, makes Christianity Judaism. It not only eclipses the glory of the Gospel, but strikes out the sun. The refusal to release servants at the sound of the jubilee trumpet, falsified and disannulled a grand leading type of the atonement, and thus libelled the doctrine of Christ's redemption.
Finally, even if forever did refer to the length of individual service, we have ample precedents for limiting the term by the jubilee. The same word is used to define the length of time for which those Jewish servants were held, who refused to go out in the seventh year. And all admit that their term of service did not go beyond the jubilee. Ex. xxi. 2-6; Deut. xv. 12-17.
The 23d verse of the same chapter is quoted to prove that "forever" in the 46th verse, extends beyond the jubilee. "The land shall not be sold FOREVER, for the land is mine"—as it would hardly be used in different senses in the same general connection. In reply, we repeat that forever respects the duration of the general arrangement, and not that of individual service. Consequently, it is not affected by the jubilee; so the objection does not touch the argument. But it may not be amiss to show that it is equally harmless against any other argument drawn from the use of forever in the 46th verse,—for the word there used, is Olam, meaning throughout the period, whatever that may be. Whereas in the 23d verse, it is Tsemithuth, meaning cutting off, or to be cut off.
III. "INHERITANCE AND POSSESSION."—"Ye shall take them as an INHERITANCE for your children after you to inherit them for a possession." This refers to the nations, and not to the individual servants, procured from these nations. We have already shown, that servants could not be held as a property-possession, and inheritance; that they became servants of their own accord, and were paid wages; that they were released by law from their regular labor nearly half the days in each year, and thoroughly instructed; that the servants were protected in all their personal, social, and religious rights, equally with their masters, &c. Now, truly, all remaining, after these ample reservations, would be small temptation, either to the lust of power or of lucre. What a profitable "possession" and "inheritance!" What if our American slaves were all placed in just such a condition! Alas, for that soft, melodious circumlocution, "Our PECULIAR species of property!" Truly, emphasis is cadence, and euphony and irony have met together!
What eager snatches at mere words, and bald technics, irrespective of connection, principles of construction, Bible usages, or limitations of meaning by other passages—and all to eke out such a sense as accords with existing usages and sanctifies them, thus making God pander for their lusts. Little matter whether the meaning of the word be primary or secondary, literal or figurative, provided it sustains their practices.
But let us inquire whether the words rendered "inherit" and "inheritance," when used in the Old Testament, necessarily point out the things inherited and possessed as articles of property. Nahal and Nahala—inherit and inheritance. See 2 Chronicles x. 16. "The people answered the king and said, What portion have we in David, and we have none inheritance in the son of Jesse." Did they mean gravely to disclaim the holding of their king as an article of property? Psalms cxxvii. 3—"Lo, children are an heritage (inheritance) of the Lord." Exodus xxxiv. 9—"Pardon our iniquity and our sin, and take us for thine inheritance." When God pardons his enemies, and adopts them as his children, does he make them articles of property? Are forgiveness, and chattel-making, synonymes? Psalms cxix. 111—"Thy testimonies have I taken as a heritage (inheritance) forever." Ezekiel xliv. 27, 28—"And in the day that he goeth into the sanctuary, unto the inner court to minister in the sanctuary, he shall offer his sin-offering, saith the Lord God. And it shall be unto them for an inheritance; I am their inheritance." Psalms ii. 8—"Ask of me, and I will give thee the heathen for thine inheritance." Psalms xciv. 14—"For the Lord will not cast off his people, neither will he forsake his inheritance." See also Deuteronomy iv. 20; Joshua xiii. 33; Chronicles x. 16; Psalms lxxxii. 8, and lxxviii. 62, 71; Proverbs xiv. 8.
The question whether the servants were a PROPERTY—"possession," has been already discussed—(See p. 36)—we need add in this place but a word. Ahusa rendered "possession." Genesis xlii. 11—"And Joseph placed his father and his brethren, and gave them a possession in the land of Egypt, in the best of the land, in the land of Rameses, as Pharaoh had commanded."
In what sense was the land of Goshen the possession of the Israelites? Answer, In the sense of, having it to live in. In what sense were the Israelites to possess these nations, and take them as an inheritance for their children? We answer, They possessed them as a permanent source of supply for domestic or household servants. And this relation to these nations was to go down to posterity as a standing regulation—a national usage respecting them, having the certainty and regularity of a descent by inheritance. The sense of the whole regulation may be given thus: "Thy permanent domestics, both male and female, which thou shalt have, shall be of the nations that are round about you, of them shall ye get male and female domestics." "Moreover of the children of the foreigners that do sojourn among you, of them shall ye get, and of their families that are with you, which they begat in your land, and they shall be your permanent resource," (for household servants.) "And ye shall take them as a perpetual provision for your children after you, to hold as a constant source of supply. ALWAYS of them shall ye serve yourselves."
OBJECTION IV. "If thy brother that dwelleth by thee be waxen poor, and be sold unto thee, thou shalt not compel him to serve as a BOND-SERVANT, but as an HIRED-SERVANT, and as a sojourner shall he be with thee, and shall serve thee unto the year of jubilee." Lev. xxv. 39, 40.
From the fact that only one class of the servants is called hired, it is sagely inferred that servants of the other class were not paid for their labor. That is, that while God thundered anathemas against those who "used their neighbor's service without wages," he granted a special indulgence to his chosen people to seize persons, force them to work, and rob them of earnings, provided always, in selecting their victims, they spared "the gentlemen of property and standing," and pounced only upon the strangers and the common people. The inference that "hired" is synonimous with paid, and that those servants not called "hired" were not paid for their labor, is a mere assumption.
The meaning of the English verb to hire, is, as every one knows, to procure for a temporary use at a curtain price—to engage a person to temporary service for wages. That is also the meaning of the Hebrew word "Saukar." Temporary service, and generally for a specific object, is inseparable from its meaning. It is never used when the procurement of permanent service, for a long period, is spoken of. Now, we ask, would permanent servants, those who constituted an integral and stationary part of the family, have been designated by the same term that marks temporary servants? The every-day distinctions made on this subject, are as familiar as table-talk. In many families, the domestics perform only such labor, as every day brings along with it—the regular work. Whatever is occasional merely, as the washing of a family, is done by persons hired expressly for the purpose. In such families, the familiar distinction between the two classes, is "servants," or "domestics," and "hired help," (not paid help.) Both classes are paid. One is permanent, the other occasional and temporary, and therefore in this case called "hired." To suppose a servant robbed of his earnings, because when spoken of, he is not called a hired servant, is profound induction! If I employ a man at twelve dollars a month to work my farm, he is my "hired" man, but if, instead of giving him so much a month, I give him such a portion of the crop, or in other words, if he works my farm "on shares," he is no longer my hired man. Every farmer knows that that designation is not applied to him. Yet he works the same farm, in the same way, at the same times, and with the same teams and tools; and does the same amount of work in the year, and perhaps clears twenty dollars a month, instead of the twelve, paid him while he was my hired laborer. Now, as the technic "hired" is no longer used to designate him, and as he still labors on my farm, suppose my neighbors gather in conclave, and from such ample premises sagely infer, that since he is no longer my "hired" laborer, I rob him of his earnings, and with all the gravity of owls, they record their decision, and adjourn to hoot it abroad. My neighbors are deep divers!—like some theological professors, they not only go to the bottom, but come up covered with the tokens.
A variety of particulars are recorded in the Bible, distinguishing hired from bought servants. (1.) Hired servants were paid daily at the close of their work. Lev. xix 13; Deut. xxiv. 14, 15; Job. vii. 2; Matt. xx. 8. "Bought" servants were paid in advance, (a reason for their being called, bought,) and those that went out at the seventh year received a gratuity at the close of their period of service. Deut. xv. 12-13. (2.) The hired servant was paid in money, the bought servant received his gratuity, at least, in grain, cattle, and the product of the vintage. Deut. xiv. 17. (3.) The hired servant lived by himself, in his own family. The bought servant was a part of his master's family. (4.) The hired servant supported his family out of his wages; the bought servant and his family, were supported by the master besides his wages.
A careful investigation of the condition of "hired" and of "bought" servants, shows that the latter were, as a class, superior to the former—were more trust-worthy, had greater privileges, and occupied in every respect (other things being equal) a higher station in society. (1.) They were intimately incorporated with the family of the master. They were guests at family festivals, and social solemnities, from which hired servants were excluded. Lev. xxii. 10; Exod. xii. 43, 45. (2) Their interests were far more identified with the general interests of their masters' family. Bought servants were often actually, or prospectively, heirs of their master's estate. Witness the case of Eliezer, of Ziba, of the sons of Bilhah, and Zilpah, and others. When there were no sons to inherit the estate, or when, by unworthiness, they had forfeited their title, bought servants were made heirs. Proverbs xvii. 2. We find traces of this usage in the New Testament. "But when the husbandmen saw him, they reasoned among themselves, saying, this is the heir, come let us kill him, that the inheritance may be ours." Luke xx. 14; also Mark xii. 7. In no instance on Bible record, does a hired servant inherit his master's estate. (3.) Marriages took place between servants and their master's daughters. "Now Sheshan had no sons, but daughters: and Sheshan had a servant, an Egyptian, whose name was Jarha. And Sheshan gave his daughter to Jarha his servant to wife." 1 Chron. ii. 34, 35. There is no instance of a hired servant forming such an alliance.
(4.) Bought servants and their descendants seem to have been regarded with the same affection and respect as the other members of the family[A]. The treatment of Eliezer, and the other servants in the family of Abraham, Gen. chap. 25—the intercourse between Gideon and his servant Phurah, Judges vii. 10, 11. and Saul and his servant, in their interview with Samuel, 1 Sam. ix. 5, 22; and Jonathan and his servant, 1 Sam. xiv. 1-14, and Elisha and his servant Gehazi, are illustrations. No such tie seems to have existed between hired servants and their masters. Their untrustworthiness seems to have been proverbial. See John ix. 12, 13.
None but the lowest class seem to have engaged as hired servants. No instance occurs in which they are assigned to business demanding much knowledge or skill. Various passages show the low repute and trifling character of the class from which they were hired. Judges ix. 4; 1 Sam. ii. 5.
The superior condition and privileges of bought servants, are manifested in the high trusts confided to them, and in the dignity and authority with which they were clothed in their master's household. But in no instance is a hired servant thus distinguished. In some cases, the bought servant is manifestly the master's representative in the family—with plenipotentiary powers over adult children, even negotiating marriage for them. Abraham besought Eliezer his servant, to take a solemn oath, that HE would not take a wife for Isaac of the daughters of the Canaanites, but from Abraham's kindred. The servant went accordingly, and himself selected the individual. Servants also exercised discretionary power in the management of their master's estate, "And the servant took ten camels, of the camels of his master, for all the goods of his master were under his hand." Gen. xxiv. 10. The reason assigned for taking them, is not that such was Abraham's direction, but that the servant had discretionary control. Servants had also discretionary power in the disposal of property. See Gen. xxiv. 22, 23, 53. The condition of Ziba in the house of Mephiboseth, is a case in point. So is Prov. xvii. 2. Distinct traces of this estimation are to be found in the New Testament, Math. xxiv. 45; Luke xii. 42, 44. So in the parable of the talents; the master seems to have set up each of his servants in trade with considerable capital. One of them could not have had less than eight thousand dollars. The parable of the unjust steward is another illustration. Luke xvi. 4, 8. He evidently was entrusted with large discretionary power, was "accused of wasting his master's goods." and manifestly regulated with his master's debtors, the terms of settlement. Such trusts were never reposed in hired servants.
The inferior condition of hired servants, is illustrated in the parable of the prodigal son. When the prodigal, perishing with hunger among the swine and husks, came to himself, his proud heart broke; "I will arise," he cried, "and go to my father." And then to assure his father of the depth of his humility, resolved to add imploringly, "Make me as one of thy hired servants." It need not be remarked, that if hired servants were the superior class; to apply for the situation, and press the suit, savored little of that sense of unworthiness that seeks the dust with hidden face, and cries "unclean." Unhumbled nature climbs; or if it falls, clings fast, where first it may. Humility sinks of its own weight, and in the lowest deep, digs lower. The design of the parable was to illustrate on the one hand, the joy of God, as he beholds afar off, the returning sinner "seeking an injured father's face" who runs to clasp and bless him with an unchiding welcome; and on the other, the contrition of the penitent, turning homeward with tears, from his wanderings, his stricken spirit breaking with its ill-desert, he sobs aloud, "The lowest place, the lowest place, I can abide no other." Or in those inimitable words, "Father, I have sinned against Heaven, and in thy sight, and no more worthy to be called thy son; make me as one of thy HIRED servants." The supposition that hired servants were the highest class, takes from the parable an element of winning beauty and pathos. It is manifest to every careful student of the Bible, that one class of servants, was on terms of equality with the children and other members of the family. (Hence the force of Paul's declaration, Gal. iv. 1, "Now I say unto you, that the heir, so long as he is a child, DIFFERETH NOTHING FROM A SERVANT, though he be lord of all.") If this were the hired class, the prodigal was a sorry specimen of humility. Would our Lord have put such language, into the lips of one held up by himself, as a model of gospel humility, to illustrate its lowliness, its conscious destitution of all merit, and deep sense of all ill desert? If this is humility, put it on stilts, and set it a strutting, while pride takes lessons, and blunders in apeing it.
Here let it be observed, that both Israelites and Strangers, belonged indiscriminately to each class of the servants, the bought and the hired. That those in the former class, whether Jews or Strangers, were in higher estimation, and rose to honors and authority in the family circle, which were not conferred on hired servants, has been already shown. It should be added, however, that in the enjoyment of privileges, merely political and national, the hired servants from the Israelites, were more favored than either the hired, or the bought servants from the Strangers. No one from the Strangers, however wealthy or highly endowed, was eligible to the highest office, nor could he own the soil. This last disability seems to have been one reason for the different periods of service required of the two classes of bought servants—the Israelites and the Strangers. The Israelite was to serve six years—the Stranger until the jubilee[A].
[Footnote A: Both classes may with propriety be called permanent servants; even the bought Israelite, when his six-years' service is contrasted with the brief term of the hired servant.]
As the Strangers could not own the soil, nor even houses, except within walled towns, most of them would choose to attach themselves permanently to Israelitish families. Those Strangers who were wealthy, or skilled in manufactures, instead of becoming servants themselves, would need servants for their own use, and as inducements for the Strangers to become servants to the Israelites, were greater than persons of their own nation could hold out to them, these wealthy Strangers would naturally procure the poorer Israelites for servants. See Levit. xxv. 47. In a word, such was the political condition of the Strangers, the Jewish polity furnished a strong motive to them, to become servants, thus incorporating themselves with the nation, and procuring those social and religious privileges already enumerated, and for their children in the second generation, a permanent inheritance. (This last was a regulation of later date. Ezekiel xlvii. 21-23.) Indeed, the structure of the whole Mosaic polity, was a virtual bounty offered to those who would become permanent servants, and merge in the Jewish system their distinct nationality. None but the monied aristocracy among them, would be likely to decline such offers.
For various reasons, this class, (the servants bought from the Strangers,) would prefer a long service. They would thus more effectually become absorbed into the national circulation, and identify their interests with those in whose gift were all things desirable for themselves, and brighter prospects for their children. On the other hand, the Israelites, owning all the soil, and an inheritance of land being a sort of sacred possession, to hold it free of incumbrance, was, with every Israelite, a delicate point, both of family honor and personal character. 1 Kings xxi. 3. Hence, to forego the possession of one's inheritance, after the division of the paternal domain, or to be restrained from its control, after having acceded to it, was a burden grievous to be borne. To mitigate, as much as possible, such a calamity, the law, instead of requiring the Israelite to continue a servant until the jubilee, released him at the end six years[A], as, during that time—if, of the first class—the partition of the patrimonial land might have taken place; or, if of the second, enough money might have been earned to disencumber his estate, and thus he might assume his station as a lord of the soil. If these contingencies had not occurred, then, at the end of another six years, the opportunity was again offered, and in the same manner until the jubilee. So while strong motives urged the Israelite, to discontinue his service as soon as the exigency had passed, which induced him to become a servant, every consideration impelled the Stranger to prolong his term of service; and the same kindness which dictated the law of six years' service for the Israelite, assigned as the general rule, a much longer period to the Gentile servant, who, instead of being tempted to a brief service, had every inducement to protract the term.
[Footnote A: Another reason for protracting the service until the seventh year, seems to have been, its coincidence with other arrangements, and provisions, inseparable from the Jewish economy. That period was a favorite one in the Mosaic system. Its pecuniary responsibilities, social relations and general internal structure, if not graduated upon a septennial scale, were variously modified by the lapse of the period. Another reason doubtless was, that as those Israelites who became servants through poverty, would not sell themselves, except as a last resort when other expedients to recruit their finances had failed—(See Lev. xxv. 35)—their becoming servants proclaimed such a state of their affairs, as demanded the labor of a course of years fully to reinstate them.]
It is important to a clear understanding of the whole subject, to keep in mind that adult Jews ordinarily became servants, only as a temporary expedient to relieve themselves from embarrassment, and ceased to be such when that object was effected. The poverty that forced them to it was a calamity, and their service was either a means of relief, or a measure of prevention. It was not pursued as a permanent business, but resorted to on emergencies—a sort of episode in the main scope of their lives. Whereas with the Strangers, it was a permanent employment, pursued not merely as a means of bettering their own condition, and prospectively that of their posterity, but also, as an end for its own sake, conferring on them privileges, and a social estimation not otherwise attainable.
We see from the foregoing, why servants purchased from the heathen, are called by way of distinction, the servants, (not bondmen, as our translators have it.) (1.) They followed it as a permanent business. (2.) Their term of service was much longer than that of the other class. (3.) As a class, they doubtless greatly outnumbered the Israelitish servants. (4.) All the Strangers that dwelt in the land, were tributaries to the Israelites—required to pay an annual tribute to the government, either in money, or in public service, which was called a "tribute of bond-service;" in other words, all the Strangers were national servants, to the Israelites, and the same Hebrew word which is used to designate individual servants, equally designates national servants or tributaries. 2 Sam. viii. 2, 6, 14. 2 Chron. viii. 7-9. Deut. xx. 11. 2 Sam. x. 19. 1 Kings ix. 21, 22. 1 Kings iv. 21. Gen. xxvii. 29. The same word is applied to the Israelites, when they paid tribute to other nations. See 2 Kings xvii. 3. Judges iii. 8, 14. Gen. xlix. 15. Another distinction between the Jewish and Gentile bought servants, claims notice. It was in the kinds of service assigned to each class. The servants from the Strangers, were properly the domestics, or household servants, employed in all family work, in offices of personal attendance, and in such mechanical labor, as was constantly required in every family, by increasing wants, and needed repairs. On the other hand, the Jewish bought servants seem to have been almost exclusively agricultural. Besides being better fitted for this by previous habits—agriculture, and the tending of cattle, were regarded by the Israelites as the most honorable of all occupations; kings engaged in them. After Saul was elected king, and escorted to Gibeah, the next report of him is, "And behold Saul came after the herd out of the field."—1 Sam. xi. 7.
Elisha "was plowing with twelve yoke of oxen" when Elijah threw his mantle upon him. 1 Kings xix. 19. King Uzziah "loved husbandry." 2 Chron. xxvi. 10. Gideon, the deliverer of Israel, was "threshing wheat by the wine press" when called to lead the host against the Midianites. Judges vi. 11. The superior honorableness of agriculture, is shown by the fact, that it was protected and supported by the fundamental law of the theocracy—God thus indicating it as the chief prop of the government, and putting upon it peculiar honor. An inheritance of land seems to have filled out an Israelite's idea of worldly furnishment. They were like permanent fixtures on their soil, so did they cling to it. To be agriculturalists on their own inheritances, was, in their notions, the basis of family consequence, and the grand claim to honorable estimation. Agriculture being pre-eminently a Jewish employment, to assign a native Israelite to other employments as a business, was to break up his habits, do violence to cherished predilections, and put him to a kind of labor in which he had no skill, and which he deemed degrading. In short, it was, in the earlier ages of the Mosaic system, practically to unjew him, a hardship and rigor grievous to be borne, as it annihilated a visible distinction between the descendants of Abraham and the Strangers—a distinction vital to the system, and gloried in by every Jew.
To guard this and another fundamental distinction, God instituted the regulation contained in Leviticus xxv. 39, which stands at the head of this branch of our inquiry, "If thy brother that dwelleth by thee be waxen poor, and be sold unto thee, thou shalt not compel him to serve as a bond-servant." In other words, thou shalt not put him to servants' work—to the business, and into the condition of domestics.
In the Persian version it is translated thus, "Thou shalt not assign to him the work of servitude," (or menial labor.) In the Septuagint thus, "He shall not serve thee with the service of a domestic or household servant." In the Syriac thus, "Thou shalt not employ him after the manner of servants." In the Samaritan thus, "Thou shalt not require him to serve in the service of a servant." In the Targum of Onkelos thus, "He shall not serve thee with the service of a household servant." In the Targum of Jonathan thus, "Thou shalt not cause him to serve according to the usages of the servitude of servants[A]." In fine, "thou shalt not compel him to serve as a bond-servant," means, thou shalt not assign him to the same grade, nor put him to the same services, with permanent domestics.
[Footnote A: Jarchi's comment on "Thou shalt not compel him to serve as a bond-servant" is, "the Hebrew servant is not to be required to do any thing which is accounted degrading—such as all offices of personal attendance, as loosing his master's shoe latchet, bringing him water to wash his feet and hands, waiting on him at table, dressing him, carrying things to and from the bath. The Hebrew servant is to work with his master as a son or brother, in the business of his farm, or other labor, until his legal release."]
We pass to the remainder of the regulation in the 40th verse:—
"But as an hired servant and as a sojourner shall he be with thee." Hired servants were not incorporated into the families of their masters; they still retained their own family organization, without the surrender of any domestic privilege, honor, or authority; and this, even though they resided under the same roof with their master. While bought-servants were associated with their master's families at meals, at the Passover, and at other family festivals, hired servants and sojourners were not. Exodus xii. 44, 45; Lev. xxii. 10, 11. Not being merged in the family of his master, the hired servant was not subject to his authority, (except in directions about his labor) in any such sense as the master's wife, children, and bought servants. Hence the only form of oppressing hired servants spoken of in the Scriptures as practicable to masters, is that of keeping back their wages.
To have taken away these privileges in the case stated in the passage under consideration, would have been preeminent rigor; for the case described, is not that of a servant born in the house of a master, nor that of a minor, whose unexpired minority had been sold by the father, neither was it the case of an Israelite, who though of age, had not yet acceded to his inheritance; nor, finally, was it that of one who had received the assignment of his inheritance, but was, as a servant, working off from it an incumbrance, before entering upon its possession and control[A]. But it was that of the head of a family, who had lived independently on his own inheritance, and long known better days, now reduced to poverty, forced to relinquish the loved inheritance of his fathers, with the competence and respectful consideration its possession secured to him, and to be indebted to a neighbor for shelter, sustenance, and employment, both for himself and his family. Surely so sad a reverse, might well claim sympathy; but there remaineth to him one consolation, and it cheers him in the house of his pilgrimage. He is an Israelite—Abraham is his father, and now in his calamity he clings closer than ever, to the distinction conferred by the immunities of his birthright. To rob him of this, were "the unkindest cut of all." To have assigned him to a grade of service filled only by those whose permanent business was serving, would have been to rule over him with peculiar rigor.
[Footnote A: These two latter classes are evidently referred to in Exod. xxi. 1-6, and Deut. xv. 12]
Finally, the former part of the regulation, "Thou shalt not compel him to serve as a bond-servant," or more literally, thou shall not serve thyself with him, with the service of a servant, guaranties his political privileges, and secures to him a kind and grade of service, comporting with his character and relations as a son of Israel. And the remainder of the verse, "But as a hired servant, and as a sojourner shall he be with thee," continues and secures to him his separate family organization, the respect and authority due to his head, and the general consideration in society resulting from such a station. Though this individual was a Jewish bought servant, the case is peculiar, and forms an exception to the general class of Jewish bought servants. Being already in possession of his inheritance, and the head of a household, the law so arranged his relations, as a servant, as to alleviate as much as possible the calamity which had reduced him from independence and authority, to penury and subjection.
Having gone so much into detail on this point, comment on the command which concludes this topic in the forty-third verse, would be superfluous. "_Thou shalt not rule over him with rigor, but shalt fear thy God_." As if it had been said, "In your administration you shall not disregard those differences in previous habits, station, authority, and national and political privileges, upon which this regulation is based; for to exercise authority over this class of servants, _irrespective_ of these distinctions, and annihilating them, is _to_rule with rigor_." The same command is repeated in the forty-sixth verse, and applied to the distinction between the servants of Jewish, and those of Gentile extraction, and forbids the overlooking of distinctive Jewish peculiarities, so vital to an Israelite as to make the violation of them, _rigorous_ in the extreme; while to the servants from the Strangers, whose previous habits and associations differed so widely from those of the Israelite, these same things would be deemed slight disabilities.
It may be remarked here, that the political and other disabilities of the Strangers, which were the distinctions growing out of a different national descent, and important to the preservation of national characteristics, and to the purity of national worship, do not seem to have effected at all the social estimation, in which this class of servants was held. They were regarded according to their character and worth as persons, irrespective of their foreign origin, employments, and political condition.
The common construction put upon the expression, "rule with rigor," and an inference drawn from it, have an air so oracular, as quite to overcharge risibles of ordinary calibre, if such an effect were not forestalled by its impiety. It is interpreted to mean, "you shall not make him an article of property, you shall not force him to work, and rob him of his earnings, you shall not make him a chattel, and strip him of legal protection." So much for the interpretation. The inference is like unto it, viz. Since the command forbade such outrages upon the Israelites, it permitted and commissioned the infliction of them upon the Strangers. Such impious and shallow smattering, captivates two classes of minds, the one by its flippancy, the other by its blasphemy, and both, by the strong scent of its unbridled license. What boots it to reason against such rampant affinities!
In Exodus, chap. i. 13, 14, it is said that the Egyptians "made the children of Israel to serve with rigor," "and all their service wherein they made them serve, was with rigor." The rigor here spoken of, is affirmed of the amount of labor extorted from them, and the mode of the exaction. This form of expression, "serve with rigor," is never applied to the service of servants either under the Patriarchal, or the Mosaic systems. Nor is any other form of expression ever used, either equivalent to it, or at all similar. The phrase, "thou shalt not RULE over him with rigor," used in Leviticus xxv. 43, 46, does not prohibit unreasonable exactions of labor, nor inflictions of personal cruelty. Such were provided against otherwise. But it forbids, confounding the distinctions between a Jew and a Stranger, by assigning the former to the same grade of service, for the same term of time, and under the same national and political disabilities as the latter.
We are now prepared to survey at a glance, the general condition of the different classes of servants, with the modifications peculiar to each class. I. In the possession of all fundamental rights, all classes of servants were on an absolute equality, all were equally protected by law in their persons, character, property and social relations. All were voluntary, all were compensated for their labor. All were released from their regular labor nearly one half of the days in each year, all were furnished with stated instruction; none in either class were in any sense articles of property, all were regarded as men, with the rights, interests, hopes, and destinies of men. In these respects the circumstances of all classes of servants among the Israelites, were not only similar but identical, and so far forth, they formed but ONE CLASS.
II. DIFFERENT CLASSES OF SERVANTS.
1. Hired Servants.—This class consisted both of Israelites and Strangers. Their employments were different. The Israelite, was an agricultural servant. The Stranger was a domestic and personal servant, and in some instances mechanical; both were occasional, procured temporally to serve an emergency. Both lived in their own families, their wages were money, and they were paid when their work was done. As a class of servants, the hired were less loved, trusted, honored and promoted than any other.
2. Bought Servants, (including those "born in the house.")—This class also, was composed both of Israelites and Strangers, the same general difference obtaining in their kinds of employment as was noticed before. Both were paid in advance[A], and neither was temporary.
[Footnote A: The payment in advance, doubtless lessened considerably the price of the purchase; the servant thus having the use of the money from the beginning, and the master assuming all the risks of life, and health for labor; at the expiration of the six years' contract, the master having experienced no loss from the risk incurred at the making of it, was obliged by law to release the servant with a liberal gratuity. The reason assigned for this is, "he hath been worth a double hired servant unto thee in serving thee six years," as if it had been said, he has now served out his time, and as you have experienced no loss from the risks of life, and ability to labor which you incurred in the purchase, and which lessened the price, and as, by being your permanent servant for six years, he has saved you all the time and trouble of looking up and hiring laborers on emergencies, therefore, "thou shalt furnish him liberally," &c.]
The Israelitish servant, in most instances, was released after six years. (The freeholder continued until the jubilee.) The Stranger, was a permanent servant, continuing until the jubilee. Besides these distinctions between Jewish and Gentile bought servants, a marked distinction obtained between different classes of Jewish bought servants. Ordinarily, during their term of service, they were merged in their master's family, and, like the wife and children of the master, subject to his authority; (and of course, like them, protected by law from its abuse.) But one class of the Jewish bought servants was a marked exception. The freeholder, obliged by poverty to leave his possession, and sell himself as a servant, did not thereby affect his family relations, or authority, nor subject himself as an inferior to the control of his master, though dependent upon him for employment. In this respect, his condition differed from that of the main body of Jewish bought servants, which seems to have consisted of those, who had not yet come into possession of their inheritance, or of those who were dislodging from it an incumbrance.
Having dwelt so much at length on this part of the subject, the reader's patience may well be spared further details. We close it with a suggestion or two, which may serve as a solvent of some minor difficulties, if such remain.
I. It should be kept in mind, that both classes of servants, the Israelite and the Stranger, not only enjoyed equal natural and religious rights, but all the civil and political privileges enjoyed by those of their own people, who were not servants. If Israelites, all rights belonging to Israelites were theirs. If from the Strangers, the same political privileges enjoyed by those wealthy Strangers, who bought and held Israelitish servants, were theirs. They also shared in common with them, the political disabilities which appertained to all Strangers, whether the servants of Jewish masters, or the masters of Jewish servants.
II. The disabilities of the servants from the Strangers, were exclusively political and national.
1. They, in common with all Strangers, could not own the soil.
2. They were ineligible to civil offices.
3. They were assigned to employments less honorable than those in which Israelitish servants engaged; agriculture being regarded as fundamental to the prosperity and even to the existence of the state, other employments were in far less repute, and deemed unjewish.
Finally, the condition of the Strangers, whether servants or masters, was, as it respected political privileges, much like that of unnaturalized foreigners in the United States; no matter how great their wealth or intelligence, or moral principle, or love for our institutions, they can neither go to the ballot-box, nor own the soil, nor be eligible to office. Let a native American, who has always enjoyed these privileges, be suddenly bereft of them, and loaded with the disabilities of an alien, and what to the foreigner would be a light matter, to him, would be the severity of rigor.
The recent condition of the Jews and Catholics in England, is a still better illustration of the political condition of the Strangers in Israel. Rothschild, the late English banker, though the richest private citizen in the world, and perhaps master of scores of English servants, who sued for the smallest crumbs of his favor, was, as a subject of the government, inferior to the veriest scavenger among them. Suppose an Englishman, of the Established Church, were by law deprived of power to own the soil, made ineligible to office, and deprived unconditionally of the electoral franchise, would Englishmen think it a misapplication of language, if it were said, "The government rules over that man with rigor?" And yet his life, limbs, property, reputation, conscience, all his social relations, the disposal of his time, the right of locomotion at pleasure, and of natural liberty in all respects, are just as much protected by law as the Lord Chancellor's. The same was true of all "the strangers within the gates" among the Israelites: Whether these Strangers were the servants of Israelitish masters, or the masters of Israelitish servants, whether sojourners, or bought servants, or born in the house, or hired, or neither—all were protected equally with the descendants of Abraham.
Finally—As the Mosaic system was a great compound type, made up of innumerable fractional ones, each rife with meaning in doctrine and duty; the practical power of the whole, depended upon the exact observance of those distinctions and relations which constituted its significancy. Hence, the care everywhere shown to preserve inviolate the distinction between a descendant of Abraham and a Stranger, even when the Stranger was a proselyte, had gone through the initiatory ordinances, entered the congregation, and become incorporated with the Israelites by family alliance. The regulation laid down in Exodus xxi. 2-6, is an illustration, "If thou buy an Hebrew servant, six years shall he serve: and in the seventh he shall go out free for nothing. If he came in by himself, he shall go out by himself: if he were married, then, his wife shall go out with him. If his master have given him a wife, and she have borne him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself. And if the servant should plainly say, I love my master, my wife, and my children, I will not go out free: then his master shall bring him unto the judges; he shall also bring him to the door, or unto the door-post; and his master shall bore his ear through with an awl, and he shall serve him forever." In this case, the Israelitish servant, whose term expired in six years, married one of his master's permanent female domestics; but the fact of her marriage, did not release her master from his part of the contract for her whole term of service, nor absolve him from his legal obligation to support and educate her children. Nor could it do away that distinction, which marked her national descent by a specific grade and term of service. Her marriage did not impair her obligation to fulfil her part of the contract. Her relations as a permanent domestic grew out of a distinction guarded with great care throughout the Mosaic system. To permit this to be rendered void, would have been to divide the system against itself. This God would not tolerate. Nor, on the other hand, would he permit the master, to throw off the responsibility of instructing her children, nor the care and expense of their helpless infancy and rearing. He was bound to support and educate them, and all her children born afterwards during her term of service. The whole arrangement beautifully illustrates that wise and tender regard for the interests of all the parties concerned, which arrays the Mosaic system in robes of glory, and causes it to shine as the sun in the kingdom of our Father. By this law, the children had secured to them a mother's tender care. If the husband loved his wife and children, he could compel his master to keep him, whether he had any occasion for his services or not, and with such remuneration as was provided by the statute. If he did not love them, to be rid of him was a blessing; and in that case, the regulation would prove an act for the relief of an afflicted family. It is not by any means to be inferred, that the release of the servant from his service in the seventh year, either absolved him from the obligations of marriage, or shut him out from the society of his family. He could doubtless procure a service at no great distance from them, and might often do it, to get higher wages, or a kind of employment better suited to his taste and skill, or because his master might not have sufficient work to occupy him. Whether he lived near his family, or at a considerable distance, the great number of days on which the law released servants from regular labor, would enable him to spend much more time with them than can be spent by most of the agents of our benevolent societies with their families, or by many merchants, editors, artists, &c., whose daily business is in New York, while their families reside from ten to one hundred miles in the country.
We conclude this Inquiry by touching briefly upon an objection, which, though not formally stated, has been already set aside by the whole tenor of the foregoing argument. It is this,—
"The slavery of the Canaanites by the Israelites, was appointed by God as a commutation of the punishment of death denounced against them for their sins."—If the absurdity of a sentence consigning persons to death, and at the same time to perpetual slavery, did not sufficiently laugh in its own face, it would be small self-denial, in a case so tempting, to make up the deficiency by a general contribution. For, be it remembered, the Mosaic law was given, while Israel was in the wilderness, and only one statute was ever given respecting the disposition to be made of the inhabitants of the land. If the sentence of death was first pronounced against them, and afterwards commuted, when? where? by whom? and in what terms was the commutation? And where is it recorded? Grant, for argument's sake, that all the Canaanites were sentenced to unconditional extermination; as there was no reversal of the sentence, how can a right to enslave them, be drawn from such premises? The punishment of death is one of the highest recognitions of man's moral nature possible. It proclaims him man—intelligent accountable, guilty man, deserving death for having done his utmost to cheapen human life, and make it worthless, when the proof of its priceless value, lives in his own nature. But to make him a slave, cheapens to nothing universal human nature, and instead of healing a wound, gives a death stab. What! repair an injury done to rational being in the robbery of one of its rights, not merely by robbing it of all, but by annihilating the very foundation of them—that everlasting distinction between men and things? To make a man a chattel, is not the punishment, but the annihilation of a human being, and, so far as it goes, of all human beings. This commutation of the punishment of death, into perpetual slavery, what a fortunate discovery! Alas! for the honor of Deity, if commentators had not manned the forlorn hope, and rushed to the rescue of the Divine character at the very crisis of its fate, and, by a timely movement, covered its retreat from the perilous position in which inspiration had carelessly left it! Here a question arises of sufficient importance for a separate dissertation; but must for the present be disposed of in a few paragraphs. WERE THE CANAANITES SENTENCED BY GOD TO INDIVIDUAL AND UNCONDITIONAL EXTERMINATION? That the views generally prevalent on this subject, are wrong, we have no doubt; but as the limits of this Inquiry forbid our going into the merits of the question, so as to give all the grounds of dissent from the commonly received opinions, the suggestions made, will be thrown out merely as QUERIES, and not as a formal laying down of doctrines.
The leading directions as to the disposal of the Canaanites, are mainly in the following passages, Exod. xxiii. 23-33, and 33-51, and 34, 11—Deut. vii. 16-25, and ix. 3, and xxxi. 3, 1, 2. In these verses, the Israelites are commanded to "destroy the Canaanites"—to "drive out,"—"consume,"—"utterly overthrow,"—"put out,"—"dispossess them," &c. Quest. Did these commands enjoin the unconditional and universal destruction of the individuals, or merely of the body politic? Ans. The Hebrew word Haram, to destroy, signifies national, as well as individual destruction; political existence, equally with personal; the destruction of governmental organization, equally with the lives of the subjects. Besides, if we interpret the words destroy, consume, overthrow, &c., to mean personal destruction, what meaning shall we give to the expressions, "drive out before thee;" "cast out before thee;" "expel," "put out," "dispossess," &c., which are used in the same passages?
For a clue to the sense in which the word "destroy" is used, see Exodus xxiii. 27. "I will destroy all the people to whom thou shalt come, and I will make all thine enemies turn their backs unto thee." Here "all their enemies" were to turn their backs, and "all the people" to be "destroyed". Does this mean that God would let all their enemies escape, but kill all their friends, or that he would first kill "all the people" and THEN make them turn their backs in flight, an army of runaway corpses?
The word rendered backs, is in the original, necks, and the passage may mean, I will make all your enemies turn their necks unto you; that is, be subject to you as tributaries, become denationalized, their civil polity, state organization, political existence, destroyed—their idolatrous temples, altars, images, groves, and all heathen rites destroyed; in a word, their whole system, national, political, civil, and religious, subverted, and the whole people put under tribute. Again; if these commands required the unconditional destruction of all the individuals of the Canaanites, the Mosaic law was at war with itself, for the directions relative to the treatment of native residents and sojourners, form a large part of it. "The stranger that dwelleth with you shall be unto you as one born among you, and thou shalt love him as thyself." "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." "Thou shalt not oppress a stranger." "Thou shalt not vex a stranger." "Judge righteously between every, man and his brother, and the stranger that is with him." "Ye shall not respect persons in judgement." "Ye shall have one manner of law as well for the stranger, as for him of your own country." We find, also, that provision was made for them in the cities of refuge. Num. xxxv. 15—the gleanings of the harvest and vintage were assigned to them, Lev. xix. 9, 10, and xxiii. 22, and 25, 6;—the blessings of the Sabbath, theirs, Ex. xx. 10;—the privilege of offering sacrifices secured, Lev. 22. 18; and stated religious instruction provided for them. Deut. xxxi. 9, 12. Now, does this same law authorize and appoint the individual extermination of those very persons, whose lives and general interests it so solicitously protects? These laws were given to the Israelites, long before they entered Canaan; and they must of necessity have inferred from them, that a multitude of the inhabitants of the land would continue in it, under their government.
3. We argue that these commands did not require the INDIVIDUAL destruction of the Canaanites unconditionally, from the fact that the most pious Israelites never seem to have so regarded them. Joshua was selected as the leader of Israel to execute God's threatenings upon Canaan. He had no discretionary power. God's commands were his official instructions. Going beyond them would have been usurpation; refusing to carry them out, rebellion and treason. For not obeying, in every particular, and in a single instance, God's command respecting the Amalekites, Saul was rejected from being king.
Now, if God commanded the individual destruction of all the Canaanitish nations, Joshua disobeyed him in every instance. For at his death, the Israelites still "dwelt among them," and each nation is mentioned by name. See Judges i. 5, and yet we are told that "Joshua was full of the spirit of the Lord and of WISDOM," Deut. xxxiv. 9. (of course, he could not have been ignorant of the meaning of those commands,)—that "the Lord was with him," Josh. vi. 27; and that he "left nothing undone of all that the Lord commanded Moses;" and further, that he "took all that land." Joshua xi, 15-23. Also, that "the Lord gave unto Israel all the land which he swore to give unto their fathers, and they possessed it and dwelt therein, and there stood not a man of all their enemies before them." "The Lord delivered all their enemies into their hand," &c.
How can this testimony be reconciled with itself, if we suppose that the command to destroy enjoined individual extermination, and the command to drive out, enjoined the unconditional expulsion of individuals from the country, rather than their expulsion from the possession or ownership of it, as the lords of the soil? It is true, multitudes of the Canaanites were slain, but in every case it was in consequence of their refusing to surrender their land to the possession of the Israelites. Not a solitary case can be found in which a Canaanite was either killed or driven out of the country, who acquiesced in the transfer of the territory of Canaan, and its sovereignty, from the inhabitants of the land to the Israelites. Witness the case of Rahab and all her kindred, and the inhabitants of Gibeon, Chephirah, Beeroth, and Kirjathjearim[A]. The Canaanites knew of the miracles in Egypt, at the Red Sea, in the wilderness, and at the passage of Jordan. They knew that their land had been transferred to the Israelites, as a judgment upon them for their sins.—See Joshua ii. 9-11, and ix. 9, 10, 24. Many of them were awed by these wonders, and made no resistance to the confiscation of their territory. Others fiercely resisted, defied the God of the armies of Israel, and came out to battle. These occupied the fortified cities, were the most inveterate heathen—the aristocracy of idolatry, the kings, the nobility and gentry, the priests, with their crowds of satellites, and retainers that aided in the performance of idolatrous rites, the military forces, with the chief profligates and lust-panders of both sexes. Every Bible student will recall many facts corroborating this supposition. Such as the multitudes of tributaries in the midst of Israel, and that too, when the Israelites had "waxed strong," and the uttermost nations quaked at the terror of their name. The large numbers of the Canaanites, as well as the Philistines and others, who became proselytes, and joined themselves to the Hebrews—as the Nethenims, Uriah the Hittite, one of David's memorable "thirty seven"—Rahab, who married one of the princes of Judah—Ittai—The six hundred Gitites—David's bodyguard, "faithful among the faithless."—2 Sam. xv. 18, 21. Obededom the Gittite, who was adopted into the tribe of Levi.—Compare 2 Sam. vi. 10, 11, with 1 Chron. xv. 18, and 1 Chron xxvi. 45. The cases of Jaziz, and Obil,—1 Chron. xxvi. 30, 31, 33. Jephunneh, the father of Caleb—the Kenite, registered in the genealogies of the tribe of Judah, and the one hundred and fifty thousand Canaanites, employed by Solomon in the building of the Temple[B]. Add to these, the fact that the most memorable miracle on record, was wrought for the salvation of a portion of those very Canaanites, and for the destruction of those who would exterminate them.—Joshua x. 12-14. Further—the terms used in the directions of God to the Israelites, regulating their disposal of the Canaanites, such as, "drive out," "put out," "cast out," "expel," "dispossess," &c. seem used interchangeably with "consume," "destroy," "overthrow," &c., and thus indicate the sense in which the latter words are used. As an illustration of the meaning generally attached to these and similar terms, when applied to the Canaanites in Scripture, we refer the reader to the history of the Amalekites. In Ex. xxvii. 14, God says, "I will utterly put out the remembrance of Amalek from under heaven,"—In Deut. xxv. 19, "Thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget it."—In 1 Sam. xv. 2, 3. "Smite Amalek and utterly destroy all that they have, and spare them not, but slay both man and woman, infant and suckling, ox and sheep." In the seventh and eighth verses of the same chapter, we are told, "Saul smote the Amalekites, and took Agag the king of the Amalekites, alive, and UTTERLY DESTROYED ALL THE PEOPLE with the edge of the sword." In verse 20, Saul says, "I have obeyed the voice of the Lord, and have brought Agag, the king of Amalek, and have utterly destroyed the Amalekites."
[Footnote A: Perhaps it will be objected, that the preservation of the Gibeonites, and of Rahab and her kindred, was a violation of the command of God. We answer, if it had been, we might expect some such intimation. If God had straitly commanded them to exterminate all the Canaanites, their pledge to save them alive, was neither a repeal of the statute, nor absolution for the breach of it. If unconditional destruction was the import of the command, would God have permitted such an act to pass without severe rebuke? Would he have established such a precedent when Israel had hardly passed the threshhold of Canaan, and was then striking the first blow of a half century war? What if they had passed their word to Rahab and the Gibeonites? Was that more binding upon them than God's command? So Saul seems to have passed his word to Agag; yet Samuel hewed him in pieces, because in saving his life, Saul had violated God's command. This same Saul appears to have put the same construction on the command to destroy the inhabitants of Canaan, that is generally put upon it now. We are told that he sought to slay the Gibeonites "in his zeal for the children of Israel and Judah." God sent upon Israel a three years' famine for it. In assigning the reason, he says, "It is for Saul and his bloody house, because he slew the Gibeonites." When David inquired of them what atonement he should make, they say, "The man that consumed us, and that devised against us, that we should the destroyed from remaining in any of the coasts of Israel let seven of his sons be delivered," &c. 2 Samuel xxii. 1-6.]
[Footnote B: If the Canaanites were devoted by God to individual and unconditional extermination, to have employed them in the erection of the temple,—what was it but the climax of impiety? As well might they pollute its altars with swine's flesh, or make their sons pass through the fire to Moloch.]
In 1 Sam. 30th chapter, we find the Amalekites at war again, marching an army into Israel, and sweeping every thing before them—and all this in hardly more than twenty years after they had all been UTTERLY DESTROYED!
Deut. xx. 16, 17, will probably be quoted against the preceding view. "But of the cities of these people which the Lord thy God doth give thee for an inheritance, thou shalt save alive nothing that breatheth: but thou shalt utterly destroy them; namely, the Hittites, and the Amorites, the Canaanites, and the Perrizites, the Hivites, and the Jebusites, as the Lord thy God hath commanded thee." We argue that this command to exterminate, did not include all the individuals of the Canaanitish nations, but only the inhabitants of the cities, (and even those conditionally,) for the following reasons.
I. Only the inhabitants of cities are specified,—"of the cities of these people thou shalt save alive nothing that breatheth." The reasons for this wise discrimination were, no doubt, (1.) Cities then, as now, were pest-houses of vice—they reeked with abominations little practiced in the country. On this account, their influence would be far more perilous to the Israelites than that of the country. (2.) These cities were the centres of idolatry—the residences of the priests, with their retinues of the baser sort. There were their temples and altars, and idols, without number. Even their buildings, streets, and public walks were so many visibilities of idolatry. The reason assigned in the 18th verse for exterminating them, strengthens the idea,—"that they teach you not to do after all the abominations which they have done unto their gods." This would be a reason for exterminating all the nations and individuals around them, as all were idolaters; but God permitted, and even commanded them, in certain cases, to spare the inhabitants. Contact with any of them would be perilous—with the inhabitants of the cities peculiarly, and of the Canaanitish cities preeminently so.
It will be seen from the 10th and 11th verses, that those cities which accepted the offer of peace were to be spared. "When thou comest nigh unto a city to fight against it, then proclaim peace unto it. And it shall be, if it make thee answer of peace and open unto thee, then it shall be, that all the people that is found therein shall be TRIBUTARIES unto thee, and they shall SERVE thee."—Deuteronomy xx. 10, 11. These verses contain the general rule prescribing the method in which cities were to be summoned to surrender.
1. The offer of peace—if it was accepted, the inhabitants became tributaries—if it was rejected, and they came out against Israel in battle, the men were to be killed, and the women and little ones saved alive. See Deuteronomy xx. 12, 13, 14. The 15th verse restricts their lenient treatment in saving the wives and little ones of those who fought them, to the inhabitants of the cities afar off. The 16th verse gives directions for the disposal of the inhabitants of Canaanitish cities, after they had taken them. Instead of sparing the women and children, they were to save alive nothing that breathed. The common mistake has been, in taking it for granted, that the command in the 15th verse, "Thus shalt thou do unto all the cities," &c. refers to the whole system of directions preceding, commencing with the 10th verse, whereas it manifestly refers only to the inflictions specified in the verses immediately preceding, viz. the 12th, 13th, and 14th, and thus make a distinction between those Canaanitish cities that fought, and the cities afar off that fought—in one case destroying the males and females, and in the other, the males only. The offer of peace, and the conditional preservation, were as really guarantied to Canaanitish cities as to others. Their inhabitants were not to be exterminated unless they came out against Israel in battle. But let us settle this question by the "law and the testimony." Joshua xix. 19, 20.—"There was not a city that made peace with the children of Israel save, the Hivites, the inhabitants of Gibeon; all others they took in battle. For it was of the Lord to harden their hearts, that they should COME OUT AGAINST ISRAEL IN BATTLE, that he might destroy them utterly, and that they might have no favor, but that he might destroy them, as the Lord commanded Moses." That is, if they had not come out against Israel in battle, they would have had "favor" shown them, and would not have been "destroyed utterly"
The great design of God seems to have been to transfer the territory of the Canaanites to the Israelites, and along with it, absolute sovereignty in every respect; to annihilate their political organizations, civil polity, jurisprudence, and their system of religion, with all its rights and appendages; and to substitute therefor, a pure theocracy, administered by Jehovah, with the Israelites as His representatives and agents. Those who resisted the execution of Jehovah's purpose were to be killed, while those who quietly submitted to it were to be spared. All had the choice of these alternatives, either free egress out of the land[A]; or acquiescence in the decree, with life and residence as tributaries, under the protection of the government; or resistance to the execution of the decree, with death. "And it shall come to pass, if they will diligently learn the ways of my people, to swear by my name, the Lord liveth, as they taught my people to swear by Baal; THEN SHALL THEY BE BUILT IN THE MIDST OF MY PEOPLE."
[Footnote A: Suppose all the Canaanitish nations had abandoned their territory at the tidings of Israel's approach, did God's command require the Israelites to chase them to the ends of the earth, and hunt them down, until every Canaanite was destroyed? It is too preposterous for belief, and yet it follows legitimately from that construction, which interprets the terms "consume," "destroy," "destroy utterly," &c. to mean unconditional individual extermination.]
* * * * *
[The preceding Inquiry is merely an outline. Whoever reads it, needs no such information. Its original design embraced a much wider range of general topics, and subordinate heads, besides an Inquiry into the teachings of the New Testament on the same subject. To have filled up the outline, in conformity with the plan upon which it was sketched, would have swelled it to a volume. Much of the foregoing has therefore been thrown into the form of a mere skeleton of heads, or rather a series of indices, to trains of thought and classes of proof, which, however limited or imperfect, may perhaps, afford some facilities to those who have little leisure for minute and protracted investigation.]
No. 4.
THE
ANTI-SLAVERY EXAMINER.
THE
BIBLE AGAINST SLAVERY.
AN INQUIRY INTO THE
PATRIARCHAL AND MOSAIC SYSTEMS
ON THE SUBJECT OF
HUMAN RIGHTS.
Third Edition—Revised.
NEW YORK:
PUBLISHED BY THE AMERICAN ANTI-SLAVERY SOCIETY, NO. 143 NASSAU STREET.
1838.
This periodical contains 5 sheets.—Postage under 100 miles, 7 1-2 cts; over 100 miles, 12 1-2 cts.
Please read and circulate.
CONTENTS
DEFINITION OF SLAVERY,
Negative,
Affirmative,
Legal,
THE MORAL LAW AGAINST SLAVERY
"Thou shalt not steal,"
"Thou shalt not covet,"
MAN-STEALING—EXAMINATION OF EX. xxi. 16,
Separation of man from brutes and things,
IMPORT OF "BUY" AND "BOUGHT WITH MONEY,"
Servants sold themselves,
RIGHTS AND PRIVILEGES SECURED BY LAW TO SERVANTS,
SERVANTS WERE VOLUNTARY,
Runaway Servants not to be delivered to their Masters,
SERVANTS WERE PAID WAGES,
MASTERS NOT "OWNERS,"
Servants not subjected to the uses of property,
Servants expressly distinguished from property,
Examination of Gen. xii. 5.—"The souls that they had gotten," &c.
Social equality of Servants and Masters,
Condition of the Gibeonites as subjects of the Hebrew Commonwealth,
Egyptian Bondage analyzed,
OBJECTIONS CONSIDERED.
"CURSED BE CANAAN," &c.—EXAMINATION OF GEN. ix. 25,
"FOR HE IS HIS MONEY," &c.—EXAMINATION OF EX. xxi. 20, 21,
EXAMINATION OF LEV. xxv. 44-46,
"Both thy BONDMEN, &c., shall be of the heathen,"
"They shall be your bondmen FOREVER,"
"Ye shall take them as an INHERITANCE," &c.
EXAMINATION OF LEV. XXV. 39, 40.—THE FREEHOLDER NOT TO "SERVE AS A BOND SERVANT,"
Difference between Hired and Bought Servants,
Bought Servants the most favored and honored class,
Israelites and Strangers belonged to both classes,
Israelites servants to the Strangers,
Reasons for the release of the Israelitish Servants in the seventh year,
Reasons for assigning the Strangers to a longer service,
Reasons for calling them the Servants,
Different kinds of service assigned to the Israelites and Strangers,
REVIEW OF ALL THE CLASSES OF SERVANTS WITH THE MODIFICATIONS OF EACH,
Political disabilities of the Strangers,
EXAMINATION OF EX. xxi. 2-6.—"IF THOU BUY AN HEBREW SERVANT,"
THE CANAANITES NOT SENTENCED TO UNCONDITIONAL EXTERMINATION,
THE BIBLE AGAINST SLAVERY.
The spirit of slavery never seeks shelter in the Bible, of its own accord. It grasps the horns of the altar only in desperation—rushing from the terror of the avenger's arm. Like other unclean spirits, it "hateth the light, neither cometh to the light, lest its deeds should be reproved." Goaded to phrenzy in its conflicts with conscience and common sense, denied all quarter, and hunted from every covert, it vaults over the sacred inclosure and courses up and down the Bible, "seeking rest, and finding none." THE LAW OF LOVE, glowing on every page, flashes around it an omnipresent anguish and despair. It shrinks from the hated light, and howls under the consuming touch, as demons quailed before the Son of God, and shrieked, "Torment us not." At last, it slinks away under the types of the Mosaic system, and seeks to burrow out of sight among their shadows. Vain hope! Its asylum is its sepulchre; its city of refuge, the city of destruction. It flies from light into the sun; from heat, into devouring fire; and from the voice of God into the thickest of His thunders.
DEFINITION OF SLAVERY.
If we would know whether the Bible sanctions slavery, we must determine what slavery is. A constituent element, is one thing; a relation, another; an appendage, another. Relations and appendages presuppose other things to which they belong. To regard them as the things themselves, or as constituent parts of them, leads to endless fallacies. A great variety of conditions, relations, and tenures, indispensable to the social state, are confounded with slavery; and thus slaveholding becomes quite harmless, if not virtuous. We will specify some of these.
1. Privation of suffrage. Then minors are slaves.
2. Ineligibility to office. Then females are slaves.
3. Taxation without representation. Then slaveholders in the District of Columbia are slaves.
4. Privation of one's oath in law. Then disbelievers in a future retribution are slaves.
5. Privation of trial by jury. Then all in France and Germany are slaves.
6. Being required to support a particular religion. Then the people of England are slaves. [To the preceding may be added all other disabilities, merely political.]
7. Cruelty and oppression. Wives, children, and hired domestics are often oppressed; but these forms of cruelty are not slavery.
8. Apprenticeship. The rights and duties of master and apprentice are correlative and reciprocal. The claim of each upon the other results from his obligation to the other. Apprenticeship is based on the principle of equivalent for value received. The rights of the apprentice are secured, equally with those of the master. Indeed, while the law is just to the master, it is benevolent to the apprentice. Its main design is rather to benefit the apprentice than the master. It promotes the interests of the former, while in doing it, it guards from injury those of the latter. To the master it secures a mere legal compensation—to the apprentice, both a legal compensation and a virtual gratuity in addition, he being of the two the greatest gainer. The law not only recognizes the right of the apprentice to a reward for his labor, but appoints the wages, and enforces the payment. The master's claim covers only the services of the apprentice. The apprentice's claim covers equally the services of the master. Neither can hold the other as property; but each holds property in the services of the other, and BOTH EQUALLY. Is this slavery?
9. Filial subordination and parental claims. Both are nature's dictates and intrinsic elements of the social state; the natural affections which blend parent and child in one, excite each to discharge those offices incidental to the relation, and constitute a shield for mutual protection. The parent's legal claim to the child's services, while a minor, is a slight return for the care and toil of his rearing, to say nothing of outlays for support and education. This provision is, with the mass of mankind, indispensable to the preservation of the family state. The child, in helping his parents, helps himself—increases a common stock, in which he has a share; while his most faithful services do but acknowledge a debt that money cannot cancel.
10. Bondage for crime. Must innocence be punished because guilt suffers penalties? True, the criminal works for the government without pay; and well he may. He owes the government. A century's work would not pay its drafts on him. He is a public defaulter, and will die so. Because laws make men pay their debts, shall those be forced to pay who owe nothing? The law makes no criminal, PROPERTY. It restrains his liberty, and makes him pay something, a mere penny in the pound, of his debt to the government; but it does not make him a chattel. Test it. To own property, is to own its product. Are children born of convicts, government property? Besides, can property be guilty? Are chattels punished? |
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