Slaveholders, and the apologists of slavery, have eagerly seized upon

this little passage of scripture, and held it up as the masters' Magna

Charta, by which they were licensed by God himself to commit the

greatest outrages upon the defenceless victims of their oppression. But,

my friends, was it designed to be so? If our Heavenly Father would

protect by law the eye and the tooth of a Hebrew servant, can we for a

moment believe that he would abandon that same servant to the brutal

rape of a master who would destroy even life itself. Do we not rather

see in this, the _only_ law which protected masters, and was it not

right that in case of the death of a servant, one or two days after

chastisement was inflicted, to which other circumstances might have

contributed, that the master should be protected when, in all

probability, he never intended to produce so fatal a result? But the

phrase "he is his money" has been adduced to show that Hebrew servants

were regarded as mere _things_, "chattels personal;" if so, why were so

many laws made to _secure their rights as men_, and to ensure their

rising into equality and freedom? If they were mere _things_, why were

they regarded as responsible beings, and one law made for them as well

as for their masters? But I pass on now to the consideration of how the

_female_ Jewish servants were protected by _law_.

1. If she please not her master, who hath betrothed her to himself, then

shall he let her be redeemed: to sell her unto another nation he shall

have no power, seeing he hath dealt deceitfully with her.

2. If he have betrothed her unto his son, he shall deal with her after

the manner of daughters.

3. If he take him another wife, her food, her raiment, and her duty of

marriage, shall he not diminish.

4. If he do not these three unto her, then shall she go out _free_

without money.

On these laws I will give you Calmet's remarks; "A father could not sell

his daughter as a slave, according to the Rabbins, until she was at the

age of puberty, and unless he were reduced to the utmost indigence.

Besides, when a master bought an Israelitish girl, it was _always_ with

the presumption that he would take her to wife." Hence Moses adds, "if

she please not her master, and he does not think fit to marry her, he

shall set her at liberty," or according to the Hebrew, "he shall let her

be redeemed." "To sell her to another nation he shall have no power,

seeing he hath dealt deceitfully with her;" as to the engagement

implied, at least of taking her to wife. "If he have betrothed her unto

his son, he shall deal with her after the manner of daughters, i.e. he

shall take care that his son uses her as his wife, that he does not

despise or maltreat her. If he make his son marry another wife, he shall

give her her dowry, her clothes and compensation for her virginity; if

he does none of these three, she shall _go out free_ without money."

Thus were the _rights of female servants carefully secured by law_ under

the Jewish Dispensation; and now I would ask, are the rights of female

slaves at the South thus secured? Are _they_ sold only as wives and

daughters-in-law, and when not treated as such, are they allowed to _go

out free_? No! They have _all_ not only been illegally obtained as

servants according to Hebrew law, but they are also illegally _held_ in

bondage. Masters at the South and West have all forfeited their claims,

(_if they ever had any_,) to their female slaves.

We come now to examine the case of those servants who were "of the

heathen round about;" Were _they_ left entirely unprotected by law?

Horne in speaking of the law, "Thou shalt not rule over him with rigor,

but shalt fear thy God," remarks, "this law Lev. xxv, 43; it is true

speaks expressly of slaves who were of Hebrew descent; but as _alien

born_ slaves were ingrafted into the Hebrew Church by circumcision,

_there is no doubt_ but that it applied to _all_ slaves;" if so, then we

may reasonably suppose that the other protective laws extended to them

also; and that the only difference between Hebrew and Heathen servants

lay in this, that the former served but six years unless they chose to

remain longer; and were always freed at the death of their masters;

whereas the latter served until the year of Jubilee, though that might

include a period of forty-nine years,--and were left from father to son.

There are however two other laws which I have not yet noticed. The one

effectually prevented _all involuntary_ servitude, and the other

completely abolished Jewish servitude every fifty years. They were

equally operative upon the Heathen and the Hebrew.

1. "Thou shall _not_ deliver unto his master the servant that is escaped

from his master unto thee. He shall dwell with thee, even among you, in

that place which he shall choose, in one of thy gates where it liketh

him best: thou shall _not_ oppress him." Deut. xxxiii; 15, 16.

2. "And ye shall hallow the fiftieth year, and proclaim _Liberty_

throughout _all_ the land, unto _all_ the inhabitants thereof: it shall

be a jubilee unto you." Deut. xxv, 10.

Here, then, we see that by this first law, the _door of Freedom was

opened wide to every servant who_ had any cause whatever for complaint;

if he was unhappy with his master, all he had to do was to leave him,

and _no man_ had a right to deliver him back to him again, and not only

so, but the absconded servant was to _choose_ where he should live, and

no Jew was permitted to oppress him. He left his master just as our

Northern servants leave us; we have no power to compel them to remain

with us, and no man has any right to oppress them; they go and dwell in

that place where it chooseth them, and live just where they like. Is it

so at the South? Is the poor runaway slave protected _by law_ from the

violence of that master whose oppression and cruelty has driven him from

his plantation or his house? No! no! Even the free states of the North

are compelled to deliver unto his master the servant that is escaped

from his master into them. By _human_ law, under the _Christian

Dispensation_, in the _nineteenth century_ we are commanded to do, what

_God_ more than _three thousand_ years ago, under the _Mosaic

Dispensation_, _positively commanded_ the Jews _not_ to do. In the wide

domain even of our free states, there is not _one_ city of refuge for

the poor runaway fugitive; not one spot upon which he can stand and say,

I am a free man--I am protected in my rights as a _man_, by the strong

arm of the law; no! _not one_. How long the North will thus shake hands

with the South in sin, I know not. How long she will stand by like the

persecutor Saul, _consenting_ unto the death of Stephen, and keeping the

raiment of them that slew him, I know not; but one thing I do know, the

_guilt of the North_ is increasing in a tremendous ratio as light is

pouring in upon her on the subject and the sin of slavery. As the sun of

righteousness climbs higher and higher in the moral heavens, she will

stand still more and more abashed as the query is thundered down into

her ear, "_Who_ hath required _this_ at thy hand?" It will be found _no_

excuse then that the Constitution of our country required that _persons

bound to service_ escaping from their masters should be delivered up; no

more excuse than was the reason which Adam assigned for eating the

forbidden fruit. _He was condemned and punished because_ he hearkened to

the voice of _his wife_, rather than to the command of his Maker; and

_we_ will assuredly be condemned and punished for obeying _Man_ rather

than _God_, if we do not speedily repent and bring forth fruits meet for

repentance. Yea, are we not receiving chastisement even _now_?

But by the second of these laws a still more astonishing fact is

disclosed. If the first effectually prevented _all involuntary

servitude_, the last absolutely forbade even _voluntary servitude being

perpetual_. On the great day of atonement every fiftieth year the

Jubilee trumpet was sounded throughout the land of Judea, and _Liberty_

was proclaimed to _all_ the inhabitants thereof. I will not say that the

servants' _chains_ fell off and their _manacles_ were burst, for there

is no evidence that Jewish servants _ever_ felt the weight of iron

chains, and collars, and handcuffs; but I do say that even the man who

had voluntarily sold himself and the _heathen_ who had been sold to a

Hebrew master, were set free, the one as well as the other. This law was

evidently designed to prevent the oppression of the poor, and the

possibility of such a thing as _perpetual servitude_ existing among

them.

Where, then, I would ask, is the warrant, the justification, or the

palliation of American Slavery from Hebrew servitude? How many of the

southern slaves would now be in bondage according to the laws of Moses;

Not one. You may observe that I have carefully avoided using the term

_slavery_ when speaking of Jewish servitude; and simply for this reason,

that _no such thing_ existed among that people; the word translated

servant does _not_ mean _slave_, it is the same that is applied to

Abraham, to Moses, to Elisha and the prophets generally. _Slavery_ then

_never_ existed under the Jewish Dispensation at all, and I cannot but

regard it as an aspersion on the character of Him who is "glorious in

Holiness" for any one to assert that "_God sanctioned, yea commanded

slavery_ under the old dispensation." I would fain lift my feeble voice

to vindicate Jehovah's character from so foul a slander. If slaveholders

are determined to hold slaves as long as they can, let them not dare to

say that the God of mercy and of truth _ever_ sanctioned such a system

of cruelty and wrong. It is blasphemy against Him.

We have seen that the code of laws framed by Moses with regard to

servants was designed to _protect them_ as _men and women_, to secure to

them their _rights_ as _human beings_, to guard them from oppression and

defend them from violence of every kind. Let us now turn to the Slave

laws of the South and West and examine them too. I will give you the

substance only, because I fear I shall trespass too much on your time,

were I to quote them at length.

1. _Slavery_ is hereditary and perpetual, to the last moment of the

slave's earthly existence, and to all his descendants to the latest

posterity.

2. The labor of the slave is compulsory and uncompensated; while the

kind of labor, the amount of toil, the time allowed for rest, are

dictated solely by the master. No bargain is made, no wages given. A

pure despotism governs the human brute; and even his covering and

provender, both as to quantity and quality, depend entirely on the

master's discretion[A].

[Footnote A: There are laws in some of the slave states, limiting the

labor which the master may require of the slave to fourteen hours daily.

In some of the states there are laws requiring the masters to furnish a

certain amount of food and clothing, as for instance, _one quart_ of

corn per day, or _one peck_ per week, or _one bushel_ per month, and

"one linen shirt and pantaloons for the summer, and a linen shirt and

woolen great coat and pantaloons for the winter," &c. But "still," to

use the language of Judge Stroud "the slave is entirely under the

control of his master,--is unprovided with a protector,--and, especially

as he cannot be a witness or make complaint in any known mode against

his master, the apparent object of these laws may _always_ be defeated."

ED.]

3. The slave being considered a personal chattel may be sold or pledged,

or leased at the will of his master. He may be exchanged for marketable

commodities, or taken in execution for the debts or taxes either of a

living or dead master. Sold at auction, either individually, or in lots

to suit the purchaser, he may remain with his family, or be separated

from them for ever.

4. Slaves can make no contracts and have no _legal_ right to any

property, real or personal. Their own honest earnings and the legacies

of friends belong in point of law to their masters.

5. Neither a slave nor a free colored person can be a witness against

any _white_, or free person, in a court of justice, however atrocious

may have been the crimes they have seen him commit, if such testimony

would be for the benefit of a _slave_; but they may give testimony

_against a fellow slave_, or free colored man, even in cases affecting

life, if the _master_ is to reap the advantage of it.

6. The slave may be punished at his master's discretion--without

trial--without any means of legal redress; whether his offence be real

or imaginary; and the master can transfer the same despotic power to any

person or persons, he may choose to appoint.

7. The slave is not allowed to resist any free man under _any_

circumstances, _his_ only safety consists in the fact that his _owner_

may bring suit and recover the price of his body, in case his life is

taken, or his limbs rendered unfit for labor.

8. Slaves cannot redeem themselves, or obtain a change of masters,

though cruel treatment may have rendered such a change necessary for

their personal safety.

9. The slave is entirely unprotected in his domestic relations.

10. The laws greatly obstruct the manumission of slaves, even where the

master is willing to enfranchise them.

11. The operation of the laws tends to deprive slaves of religious

instruction and consolation.

12. The whole power of the laws is exerted to keep slaves in a state of

the lowest ignorance.

13. There is in this country a monstrous inequality of law and right.

What is a trifling fault in the _white_ man, is considered highly

criminal in the _slave_; the same offences which cost a white man a few

dollars only, are punished in the negro with death.

14. The laws operate most oppressively upon free people of color[A].

[Footnote A: See Mrs. Child's Appeal, Chap. II.]

Shall I ask you now my friends, to draw the _parallel_ between Jewish

_servitude_ and American _slavery_? No! For there is _no likeness_ in

the two systems; I ask you rather to mark the contrast. The laws of

Moses _protected servants_ in their _rights as men and women_, guarded

them from oppression and defended them from wrong. The Code Noir of the

South _robs the slave of all his rights_ as a _man_, reduces him to a

chattel personal, and defends the _master_ in the exercise of the most

unnatural and unwarrantable power over his slave. They each bear the

impress of the hand which formed them. The attributes of justice and

mercy are shadowed out in the Hebrew code; those of injustice and

cruelty, in the Code Noir of America. Truly it was wise in the

slaveholders of the South to declare their slaves to be "chattels

personal;" for before they could be robbed of wages, wives, children,

and friends, it was absolutely necessary to deny they were human beings.

It is wise in them, to keep them in abject ignorance, for the strong man

armed must be bound before we can spoil his house--the powerful

intellect of man must be bound down with the iron chains of nescience

before we can rob him of his rights as a man; we must reduce him to a

_thing_; before we can claim the right to set our feet upon his neck,

because it was only _all things_ which were originally _put under the

feet of man_ by the Almighty and Beneficent Father of all, who has

declared himself to be _no respecter_ of persons, whether red, white, or

black.

But some have even said that Jesus Christ did not condemn slavery. To

this I reply, that our Holy Redeemer lived and preached among the Jews

only. The laws which Moses had enacted fifteen hundred years previous to

his appearance among them, had never been annulled, and these laws

_protected_ every servant in Palestine. That he saw nothing of

_perpetual_ servitude is certain from the simple declaration made by

himself in John, viii, 35. "The servant abideth _not_ in the house for

ever, the son abideth ever." If then He did not condemn Jewish

_temporary_ servitude, this does not prove that he would not have

condemned such a monstrous system as that of AMERICAN _slavery_, if that

had existed among them. But did not Jesus condemn slavery? Let us

examine some of his precepts. "_Whatsoever_ ye would that men should do

to you, do _ye even so to them_." Let every slaveholder apply these

queries to his own heart; Am _I_ willing to be a slave--Am _I_ willing

to see _my_ husband the slave of another--Am _I_ willing to see my

mother a slave, or my father, my _white_ sister, or my _white_ brother?

If _not_, then in holding others as slaves, I am doing what I would

_not_ wish to be done to me or any relative I have; and thus have I

broken this golden rule which was given _me_ to walk by.

But some slaveholders have said, "we were never in bondage to any man,"

and therefore the yoke of bondage would be insufferable to us, but

slaves are accustomed to it, their backs are fitted to the burden. Well,

I am willing to admit that you who have lived in freedom would find

slavery even more oppressive than the poor slave does, but then you may

try this question in another form--Am I willing to reduce _my little

child_ to slavery? You know that _if it is brought up a slave_, it will

never know any contrast between freedom and bondage; its back will

become fitted to the burden just as the negro child's does--_not by

nature_--but by daily, violent pressure, in the same way that the head

of the Indian child becomes flattened by the boards in which it is

bound. It has been justly remarked that "_God never made a slave_," he

made man upright; his back was _not_ made to carry burdens as the slave

of another, nor his neck to wear a yoke, and the _man_ must be crushed

within him, before _his_ back can be _fitted_ to the burden of perpetual

slavery; and that his back is _not_ fitted to it, is manifest by the

insurrections that so often disturb the peace and security of

slave-holding countries. Who ever heard of a rebellion of the beasts of

the field; and why not? simply because _they_ were all placed _under the

feet of man_, into whose hand they were delivered; it was originally

designed that they should serve him, therefore their necks have been

formed for the yoke, and their backs for the burden; but _not so with

man_, intellectual, immortal man! I appeal to you, my friends, as

mothers; Are you willing to enslave _your_ children? You start back with

horror and indignation at such a question. But why, if slavery is _no

wrong_ to those upon whom it is imposed? why, if, as has often been

said, slaves are happier than their masters, freer from the cares and

perplexities of providing for themselves and their families? why not

place _your children_ in the way of being supported without your having

the trouble to provide for them, or they for themselves? Do you not

perceive that as soon as this golden rule of action is applied to

_yourselves_, that you involuntarily shrink from the test; as soon as

_your_ actions are weighed in _this_ balance of the sanctuary, that _you

are found wanting?_ Try yourselves by another of the Divine precepts,

"Thou shalt love thy neighbor as thyself." Can we love a man _as_ we

love _ourselves_ if we do, and continue to do unto him, what we would

not wish any one to do to us? Look too, at Christ's example, what does

he say of himself, "I came _not_ to be ministered unto, but to

minister." Can you for a moment imagine the meek, and lowly, and

compassionate Saviour, a _slaveholder_? do you not shudder at this

thought as much as at that of his being a _warrior_? But why, if slavery

is not sinful?

Again, it has been said, the Apostle Paul did not condemn Slavery, for

he sent Onesimus back to Philemon. I do not think it can be said he sent

him back, for no coercion was made use of. Onesimus was not thrown into

prison and then sent back in chains to his master, as your runaway

slaves often are--this could not possibly have been the case, because

you know Paul as a Jew, was _bound to protect_ the runaway, _he had no

right_ to send any fugitive back to his master. The state of the case

then seems to have been this. Onesimus had been an unprofitable servant

to Philemon and left him--he afterwards became converted under the

Apostle's preaching, and seeing that he had been to blame in his

conduct, and desiring by future fidelity to atone for past error, he

wished to return, and the Apostle gave him the letter we now have as a

recommendation to Philemon, informing him of the conversion of Onesimus,

and entreating him as "Paul the aged to receive him, _not_ now as a

_servant_, but _above_ a servant, a brother beloved, especially to me,

but how much more unto thee, both in the flesh and in the Lord. If thou

count _me_ therefore as a partner, _receive him as myself._" This then

surely cannot be forced into a justification of the practice of

returning runaway slaves back to their masters, to be punished with

cruel beatings and scourgings as they often are. Besides the word

[Greek: doulos] here translated servant, is the same that is made use of

in Matt. xviii, 27. Now it appears that this servant owed his lord ten

thousand talents; he possessed property to a vast amount. Onesimus could

not then have been a _slave_, for slaves do not own their wives, or

children; no, not even their own bodies, much less property. But again,

the servitude which the apostle was accustomed to, must have been very

different from American slavery, for he says, "the heir (or son), as

long as he is a child, differeth _nothing from a servant_, though he be

lord of all. But is under _tutors_ and governors until the time

appointed of the father." From this it appears, that the means of

_instruction_ were provided for _servants_ as well as children; and

indeed we know it must have been so among the Jews, because their

servants were not permitted to remain in perpetual bondage, and

therefore it was absolutely necessary they should be prepared to occupy

higher stations in society than those of servants. Is it so at the

South, my friends? Is the daily bread of instruction provided for _your

slaves_? are their minds enlightened, and they gradually prepared to

rise from the grade of menials into that of _free_, independent members

of the state? Let your own statute book, and your own daily experience,

answer these questions.

The Anti-Slavery Examiner, Part 1 of 4 · 第 2 / 59 段