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.

The Anti-Slavery Examiner, Part 1 of 4 · 第 25 / 59 段