one born among you, and thou shalt love him as thyself_." Also Deut. x.
17, 19. "_For the Lord your God is God of gods, and Lord of lords, a
great God, a mighty and a terrible, which_ REGARDETH NOT PERSONS, _nor
taketh reward. He doth execute the judgment of the fatherless and widow,
and_ LOVETH THE STRANGER, _in giving him food and raiment_, LOVE YE
THEREFORE THE STRANGER." So Exodus xxii. 21. "_Thou shalt neither vex a
stranger nor oppress him_." Exodus xxiii. 9. "_Thou shalt not oppress a
stranger, for ye know the heart of a stranger_." Lev. xxv. 35, 36. "_If
thy brother be waxen poor thou shalt relieve him, yea, though he be a_
STRANGER _or a sojourner, that he may live with thee, take thou no usury
of him or increase, but fear thy God_." [What an absurdity to suppose
that _this same stranger_ could be taken by one that _feared his God_,
held as a _slave_, and robbed of time, earnings, and all his rights!]
7. _Servants were placed upon a level with their masters in all civil
and religious rights_. See Numbers xv. 15, 16, 29. Numb. ix. 14. Deut,
i. 16, 17. Lev. xxiv. 22.
III.--DID PERSONS BECOME SERVANTS VOLUNTARILY, OR WERE THEY MADE
SERVANTS AGAINST THEIR WILLS?
We argue that they became servants _of their own accord_,
1. Because to become a servant in the family of an Israelite, was to
abjure idolatry, to enter into covenant with God[A], to be circumcised
in token of it, to be bound to the observance of the Sabbath, of the
Passover, the Pentecost, and the Feast of Tabernacles, and to receive
instruction in all the particulars of the moral and ceremonial law.
[Footnote A: Maimonides, who wrote in Egypt about seven hundred years
ago, a contemporary with Jarchi, and who stands with him at the head of
Jewish writers, gives the following testimony on this point: "Whether a
servant be born in the power of an Israelite, or whether he be purchased
from the heathen, the master is to bring them both into the covenant."
"But he that is in the _house_ is entered on the eighth day, and he that
is bought with money, on the day on which the master receives him,
unless the slave be _unwilling_. For if the master receive a grown
slave, and he be _unwilling_, his master is to bear with him, to seek to
win him over by instruction, and by love and kindness, for one year.
After which, should he _refuse_ so long, it is forbidden to keep him,
longer than a year. And the master must send him back to the strangers
from whence he came. For the God of Jacob will not accept any other than
the worship of a _willing_ heart."--Maimon, Hilcoth, Miloth, Chap. 1st,
Sec. 8th.
The ancient Jewish Doctors agree in the testimony, that the servant from
the strangers who at the close of his probationary year still refused to
adopt the religion of the Mosaic system, and was on that account cut off
from the family, and sent back to his own people, received a _full
compensation_ for his services, besides the payment of his expenses. But
that _postponement_ of the circumcision of the foreign servant for a
year (_or even at all_ after he had entered the family of an Israelite)
of which the Mishnic doctors speak, seems to have been _a mere usage_.
We find nothing of it in the regulations of the Mosaic system.
Circumcision was manifestly a rite strictly _initiatory_. Whether it was
a rite merely _national_ or _spiritual_, or _both_, comes not within the
scope of this inquiry. Nor does it at all affect the argument. ]
Were the servants _forced_ through all these processes? Was the
renunciation of idolatry _compulsory_? Were they _dragged_ into covenant
with God? Were they seized and circumcised by _main strength_? Were they
_compelled_ mechanically to chew, and swallow, the flesh of the Paschal
lamb, while they abhorred the institution, despised its ceremonies,
spurned the law which enjoined it, detested its author and executors,
and instead of rejoicing in the deliverance which it commemmorated,
bewailed it as a calamity, and cursed the day of its consummation? Were
they _driven_ from all parts of the land three times in the year up to
the annual festivals? Were they drugged with instruction which they
nauseated? Were they goaded through a round of ceremonies, to them
senseless and disgusting mummeries; and drilled into the tactics of a
creed rank with loathed abominations?
We repeat it, to become a _servant_, was to become a _proselyte_. And
how did God authorize his people to make proselytes? At the point of the
sword? By the terror of pains and penalties? By converting men into
_merchandise_? Were _proselyte_ and _chattel_ synonymes, in the Divine
vocabulary? Must a man be sunk to a _thing_ before taken into covenant
with God? Was this the stipulated condition of adoption, and the sole
passport to the communion of the saints?
2. We argue the voluntariness of servants from Deut. xxiii. 15, 16,
"_Thou shall not deliver unto his master the servant which is escaped
from his master unto thee. He shall dwell with thee, even among you, in
that place which he shall choose, in one of thy gates where it liketh
him best; thou shalt not oppress him_."
As though God had said, "To deliver him up would be to recognize the
_right_ of the master to hold him. His _fleeing_ "shows his
_choice_--proclaims his wrongs, his master's oppressive acts, and his
own claim to legal protection." You shall not force him back, and thus
recognize the _right_ of the master to hold him in such a condition as
induces him to flee to others for protection." It may be objected, that
this command had no reference to servants among the _Israelites_, but
only to those of _heathen_ masters in the surrounding nations. We
answer, The regulation has no restriction. Its terms are unlimited. But
the objection, even if valid, merely shifts the pressure of the
difficulty to another point. Does God array his infinite authority to
protect the _free choice_ of a _single_ servant from the heathen, and
yet _authorize_ the same persons, to crush the free choice of
_thousands_ of servants from the heathen! Suppose a case. A _foreign_
servant flees from his master to the Israelites; God speaks, "He shall
dwell with thee, in that place which _he shall choose_, in one of thy
gates where it _liketh_ him best." They were strictly charged not to put
him in a condition which he did not _choose_. Now, suppose this same
servant, instead of coming into Israel of his own accord, had been
_dragged_ in by some kidnapper who _bought_ him of his master, and
_forced_ him into a condition against his will. Would He who forbade
such treatment of the stranger, who _voluntarily_ came into the land,
sanction the _same_ treatment of the _same person_, provided in
_addition_ to this last outrage, the _previous_ one had been committed
of _forcing him into the nation against his will_?
To commit violence on the free choice of a _foreign_ servant is a
horrible enormity, forsooth, PROVIDED you _begin_ the violence _after_
he has come among you. But if you commit the _first act_, on the _other
side of the line_; if you _begin_ the outrage by buying him from a third
person _against his will_, and then tear him from home, and drag him
across the line into the land of Israel, and hold him as a slave--ah!
that alters the case, and you may perpetrate the violence now with
impunity! Would _greater_ favor have been shown to this new comer from
the heathen than to the old residents--those who had been servants in
Jewish families perhaps for a generation? Were the Israelites commanded
to exercise toward _him_, uncircumcised and _out_ of the covenant, a
justice and kindness denied to the multitude, who _were_ circumcised,
and _within_ the covenant?
Again: the objector finds small gain to his argument on the supposition
that the covenant respected merely the fugitives from the surrounding
nations, while it left the servants of the Israelites in a condition
against their wills--the objector finds small gain to his argument. In
that case, the surrounding nations would of course adopt retaliatory
measures, and resolve themselves into so many asylums for fugitive
Israelitish servants. As these nations were on every side of them such a
proclamation would have been an effectual lure to men held in a
condition which was a constant _counteraction of will_. Further, the
objector's assumption destroys itself; for the same command which
protected the foreign servant from the power of his _master_, protected
him equally from the power of an _Israelite_. It was not merely, "Thou
shalt not deliver him to his _master_," but "he (the servant) shall
dwell with thee, in that place which _he shall choose_, in one of thy
gates where it liketh him best." Every Israelite was commanded to
respect his free choice, and to put him in no condition _against his
will_. What was this but a proclamation, that all who _chose_ to live in
the land and obey the laws, were left to their own free will, to dispose
of their services at such a rate, to such persons, and in such places as
they pleased?
Besides, grant that this command prohibited the sending back of
_foreign_ servants merely, was the any law requiring the return of
servants who had escaped from the _Israelites_? There was a statute
requiring the return of _property_ lost, and _cattle_ escaped, but none
requiring the return of escaped _servants_.
Finally, these verses contain, _first_, a command, "Thou shalt not
deliver," &c. _Secondly_, a declaration of the fugitive's right of _free
choice_, and of God's will that he should exercise it at his own
discretion; and _thirdly_, a command guarding this right, namely, "Thou
shalt not oppress him," as though God had said, If you forbid him to
exercise his _own choice_, as to the place and condition of his
residence, it is _oppression_, and I will not tolerate it.
3. _We argue the voluntariness of servants from their peculiar
opportunities and facilities for escape_. Three times every year, all
the males over twelve years of age, were required to attend the public
festivals. The main body were thus absent from their homes not less than
three weeks each time, making nine weeks annually. As these caravans
moved over the country, were there military scouts lining the way, to
intercept deserters?--a corporal's guard stationed at each pass of the
mountains, sentinels pacing the hill-tops, and light horse scouring the
defiles? What safe contrivance had the Israelites for taking their
_"slaves"_ three times in a year to Jerusalem and back? When a body of
slaves is moved any distance in our free and equal _republic_, they are
handcuffed to keep them from running away, or beating their drivers'
brains out. Was this the _Mosaic_ plan, or an improvement left for the
wisdom of Solomon? The usage, doubtless, claims a paternity not less
venerable and biblical! Perhaps they were lashed upon camels, and
transported in bundles, or caged up, and trundled on wheels to and fro,
and while at the Holy City, "lodged in jail for safe keeping," religions
services _extra_ being appointed, and special "ORAL instruction" for
their benefit. But meanwhile, what became of the sturdy _handmaids_ left
at home? What hindered them from marching off in a body? Perhaps the
Israelitish matrons stood sentry in rotation round the kitchens, while
the young ladies scoured the country, as mounted rangers, to pick up
stragglers by day, and patrolled the streets as city guards, keeping a
sharp look-out at night.
4. _Their continuance in Jewish families depended upon the performance
of various rites and ceremonies necessarily_ VOLUNTARY.
Suppose a servant from the heathen should, upon entering a Jewish
family, refuse circumcision; the question whether he shall remain a
servant, is in his own hands. If a _slave_, how simple the process of
emancipation! His _refusal_ did the job. Or, suppose that, at any time,
he should refuse to attend the tri-yearly feasts, or should eat leavened
bread during the Passover, or compound the ingredients of the anointing
oil, he is "cut off from the people;" _excommunicated_.
5. _We infer the voluntariness of the servants of the Patriarchs from
the impossibility of their being held against their wills._ The servants
of Abraham are an illustration. At one time he had three hundred and
eighteen _young men_ "born in his house," and probably many more _not_
born in his house. The whole number of his servants of all ages, was
probably MANY THOUSANDS. Doubtless, Abraham was a man of a million, and
Sarah too, a right notable housekeeper; still, it is not easy to
conceive how they contrived to hold so many thousand servants against
their wills, unless the patriarch and his wife _took turns_ in
performing the Hibernian exploit of surrounding them! The neighboring
tribes, instead of constituting a picket guard to hem in his servants,
would have been far more likely to sweep them and him into captivity, as
they did Lot and his household. Besides, Abraham had neither
"Constitution," nor "compact," nor statutes, nor judicial officers to
send back his fugitives, nor a truckling police to pounce upon
panic-stricken women, nor gentleman-kidnappers, suing for patronage,
volunteering to howl on the track, boasting their blood-hound scent, and
pledging their "honor" to hunt down and "deliver up," _provided_ they
had a description of the "flesh marks," and were stimulated in their
chivalry by _pieces of silver_. Abraham seems also to have been sadly
deficient in all the auxiliaries of family government, such as stocks,
hand cuffs, foot-chains, yokes, gags, and thumb-screws. His destitution
of these patriarchal indispensables is the more afflicting, when we
consider his faithful discharge of responsibilities to his household,
though so deplorably destitute of the needful aids.
6. _We infer that servants were voluntary, from the fact that there is
no instance of an Israelitish master ever_ SELLING _a servant_. Abraham
had thousands of servants, but appears never to have sold one. Isaac
"grew until he became very great," and had "great store of servants."
Jacob's youth was spent in the family of Laban, where he lived a servant
twenty-one years. Afterward he had a large number of servants.
When Joseph sent for Jacob to come into Egypt, the words are, "thou and
thy children, and thy children's children, and thy flocks and thy herds,
and ALL THAT THOU HAST." Jacob took his flocks and herds but _no
servants_. Gen xlv. 10; xlvii. 6; xlvii. 1. His servants doubtless,
served under their _own contracts_, and when Jacob went into Egypt, they
_chose_ to stay in their own country.
The government might sell _thieves_, if they had no property, until
their services had made good the injury, and paid the legal fine. Ex.
xxii. 3. But _masters_ seem to have had no power to sell their
_servants_--the reason is obvious. To give the master a _right_ to sell
his servant, would annihilate the servant's right of choice in his own
disposal; but says the objector, To give the master a right to _buy_ a
servant, equally annihilates the servant's _right of choice_. Answer. It
is one thing to have a right to buy a man, and a very different thing to
have a right to buy him of _another_ man.
Though there is no instance of a servant being bought of his, or her
master, yet there are instances of young females being bought of their
_fathers_. But their purchase as _servants_ was their betrothal as
WIVES. Exodus xxi. 7, 8. "_If a man sell his daughter to be a
maid-servant, she shall not go out as the men-servants do. If she please
not her master_ WHO HATH BETROTHED HER TO HIMSELF, _he shall let her be
redeemed_[A]."
[Footnote A: The comment of Maimonides on this passage is as follows: "A
Hebrew handmaid might not be sold but to one who laid himself under
obligations, to espouse her to himself or to his son, when she was fit
to be betrothed."--_Maimonides--Hilcoth--Obedim_, Ch. IV. Sec. XI.
Jarchi, on the same passage, says, "He is bound to espouse her and take
her to be his wife for the _money of her purchase_ is the money of her
_espousals_." ]
7. _We infer that the Hebrew servant was voluntary in_ COMMENCING _his
service, because he was pre-eminently so_ IN CONTINUING _it_. If, at the
year of release, it was the servant's _choice_ to remain with his
master, so did the law guard his free will, that it required his ear to
be bored by the judges of the land, thus making it impossible for the
servant to be held in an involuntary condition. Yea, so far was his
_free choice_ protected, that his master was compelled to keep him,
however much he might wish to get rid of him.
8. _The method prescribed for procuring servants, recognized their
choice, and was an appeal to it_. The Israelites were commanded to offer
them a suitable _inducement_, and then leave them to decide. They might
neither seize by _force_, nor frighten them by _threats_, nor wheedle
them by false pretenses, nor _borrow_ them, nor _beg_ them; but they
were commanded to BUY them[A]; that is, they were to recognize the
_right_ of the individuals to their own services--their right to
_dispose_ of them, and their right to _refuse all offers_. They might,
if they pleased, refuse all applications, and thus oblige those who made
them, _to do their own work_. Suppose all, with one accord, _refused_ to
become servants, what provision did the Mosaic law make for such an
emergency? NONE.
[Footnote A: The case of thieves, whose services were sold until they
had earned enough to make restitution to the person wronged, and to pay
the legal penalty, _stands by itself_, and has no relation to the
condition of servants.]
9. _Various incidental expressions throughout the Bible, corroborate the
idea that servants became such by virtue of their own contract_. Job
xli. 4. is an illustration, "_Will he_ (Leviathan) _make a_ COVENANT
_with thee? wilt thou take him for a_ SERVANT _forever?_"
10. _The transaction which made the Egyptians the_ SERVANTS OF PHAROAH,
_shows entire voluntariness throughout_. It is detailed in Gen. xlvii.
18-26. Of their own accord, they came to Joseph and said, "We have not
aught left but our _bodies_ and our lands; _buy_ us;" then in the 25th
verse, _"Thou hast saved our lives: let us find grace in the sight of my
Lord, and we will be servants to Pharaoh._"
11. _We argue that the condition of servants was an_ OPTIONAL _one from
the fact that_ RICH _strangers did not become servants._ Indeed, so far
were they from becoming servants themselves, that _they bought and held
Jewish servants._ Lev. xxv. 47.
12. _The sacrifices and offerings which_ ALL _were required to present,
were to be made_ VOLUNTARILY. Lev. i. 2, 3.
13. _Mention is often made of persons becoming servants where they were
manifestly and pre-eminently_ VOLUNTARY. The case of the Prophet Elisha
is one. 1 Kings xix. 21; 2 Kings iii. 11. Elijah was his _master_. The
original word, translated master, is the same that is so rendered in
almost every instance where masters are spoken of throughout the Mosaic
and patriarchal systems. It is translated _master_ eighty-five times in
our English version. Moses was the servant of Jethro. Exodus iii. 1.
Joshua was the servant of Moses. Numbers xi. 28. Jacob was the servant
of Laban. Genesis xxix, 18-27.
IV. WERE THE SERVANTS FORCED TO WORK WITHOUT PAY?
Having already shown that the servants became and continued such _of
their own accord_, it would be no small marvel if they _chose_ to work
without pay. Their becoming servants, pre-supposes _compensation_ as a
motive.
That they _were paid_ for their labor, we argue,
1. _Because, while Israel was under the Mosaic system, God rebuked in
thunder, the sin of using the labor of others without wages. "Wo unto
him that buildeth his house by unrighteousness, and his chambers by
wrong; that useth his neighbor's service without wages, and giveth him
not for his work._" Jer. xxii. 13. Here God testifies that to use the
service of others without wages is "unrighteousness," and He commissions
his "wo" to burn upon the doer of the "wrong." This "wo" was a permanent
safeguard of the _Mosaic system_. The Hebrew word _Rea_, here translated
_neighbor_, does not mean one man, or class of men, in distinction from
others, but _any one with whom we have to do_--all descriptions of
persons, not merely servants and heathen, but even those who prosecute
us in lawsuits, and enemies while in the act of fighting us--"_As when a
man riseth against his_ NEIGHBOR _and slayeth him._" Deut. xxii. 26.
"_Go not forth hastily to strive, lest thou know not what to do in the
end thereof, when thy_ NEIGHBOR _hath put thee to shame._" Prov. xxv. 8.
"_Thou shalt not bear false witness against thy_ NEIGHBOR." Exod. xx.
16. "_If any man come presumptuously upon his NEIGHBOR to slay him with
guile_." Exod. xxi. 14. In these, and in scores of similar cases, _Rea_
is the original word.
2. _We have the testimony of God, that in our duty to our fellow men,_
ALL THE LAW AND THE PROPHETS _hang upon this command, "Thou shalt love
thy neighbor as thyself._" Our Saviour, in giving this command, quoted
_verbatim_ one of the laws of the Mosaic system. Lev. xix. 18. In the
34th verse of the same chapter, Moses commands obedience to this law in
all the treatment of strangers, "_The stranger that dwelleth with you
shall be unto you as one born among you, and_ THOU SHALT LOVE HIM AS
THYSELF." If it be loving others _as_ ourselves, to make them work for
us without pay; to rob them of food and clothing, as well as wages,
would be a stranger illustration still of the law of love!
Super-disinterested benevolence! And if it be doing to others as we
would have them do to us, to make them work for _our own_ good alone,
Paul should be called to order for his hard sayings against human
nature, especially for that libellous matter in Ephes. v. 29, "_No man
ever yet hated his own flesh, but nourisheth and cherisheth it_."
3. _As persons became servants_ FROM POVERTY, _we argue that they were
compensated, since they frequently owned property, and sometimes a large
amount_. Ziba, the servant of Mephibosheth, gave David a princely
present, "An hundred loaves of bread, and an hundred bunches of raisins,
and an hundred of summer fruits, and a bottle of wine." 2 Sam. xvi. 1.
The extent of his possessions can be inferred from the fact, that though
the father of fifteen sons, he still employed twenty servants, of whom
he was the master.
A case is stated in Leviticus xxv. 47-55, where a servant, reduced to
poverty, sells himself; and it is declared that afterward he may be
_redeemed_, either by his kindred, or by HIMSELF. As he was forced to
sell himself from sheer poverty he must not only have acquired property
_after_ he became a servant, but a considerable sum.
If it had not been common for servants to possess, and acquire property,
over which they had the exclusive control, Gehazi, the servant of
Elisha, would hardly have ventured to take a large sum of money, (nearly
$3000[A]) from Naaman, (2 Kings v. 22, 23.) As it was procured by
deceit, he was anxious to conceal the means used in getting it; but if
the Israelitish servants, like our slaves, could "own nothing, nor
acquire any thing," to embark in such an enterprise would have been
consummate stupidity. The fact of having in his possession two talents
of silver, would of itself convict him of theft[B]. But since the
possession and use of property by servants, was common under the Mosaic
system, he might have it, and invest or use it, without attracting
special attention. And that consideration alone would have been a strong
motive to the act. His master, while he rebukes him for using such means
to get the money, not only does not take it from him, but seems to
expect that he would invest it in real estate, and cattle, and would
procure servants with it. 2 Kings v. 26. In 1 Sam. ix. 8, we find the
servant of Saul having money, and relieving his master in an emergency.
Arza, the servant of Elah, was the _owner of a house_. That it was
spacious and somewhat magnificent, would be a natural inference from the
fact that it was a resort of the king. 1 Kings xvi. 9. The case of the
Gibeonites, who, after they became servants, still occupied their
cities, and remained, in many respects, a distinct people for centuries;
and that of the 150,000 Canaanites, the _servants_ of Solomon, who
worked out their tribute of bond-service in levies, periodically
relieving each other, while preparing the materials for the temple, are
additional illustrations of independence in the acquisition and
ownership of property.
[Footnote A: Though we have not sufficient data to decide with accuracy
upon the _relative_ value of that sum, _then_ and _now_, yet we have
enough to warrant us in saying that two talents of silver had far more
value _then_ than three thousand dollars have _now_.]