As though God had said, "To deliver him up would be to recognize the

_right_ of the master to hold him; his _fleeing_ shows his

_choice_--proclaims his wrongs and his title to protection; you shall

not force him back and thus recognize the _right_ of the master to hold

him in such a condition as induces him to flee to others for

protection." It may be said that this command referred only to the

servants of _heathen_ masters in the surrounding nations. We answer, the

terms of the command are unlimited. But the objection, if valid, would

merely shift the pressure of the difficulty to another point. Did God

require them to protect the _free choice_ of a _single_ servant from the

heathen, and yet _authorize_ the same persons, to crush the free choice

of _thousands_ of servants from the heathen? Suppose a case. A _foreign_

servant flees to the Israelites; God says, "He shall dwell with thee, in

that place which _he shall choose_, in one of thy gates where it _liketh

him_ best." Now, suppose this same servant, instead of coming into

Israel of his own accord, had been _dragged_ in by some kidnapper who

_bought_ him of his master, and _forced_ him into a condition against

his will; would He who forbade such treatment of the stranger, who

_voluntarily_ came into the land, sanction the _same_ treatment of the

_same person_, provided in _addition_ to this last outrage, the

_previous_ one had been committed of forcing him into the nation against

his will? To commit violence on the free choice of a _foreign_ servant

is forsooth a horrible enormity, PROVIDED you _begin_ the violence

_after_ he has come among you. But if you commit the _first act_ on the

_other side of the line_; if you begin the outrage by buying him from a

third person against his will, and then tear him from home, drag him

across the line into the land of Israel, and hold him as a slave--ah!

that alters the case, and you may perpetrate the violence now with

impunity! Would _greater_ favor have been shown to this new comer than

to the old residents--those who had been servants in Jewish families

perhaps for a generation? Were the Israelites commanded to exercise

toward _him_, uncircumcised and out of the covenant, a justice and

kindness denied to the multitudes who _were_ circumcised, and _within_

the covenant? But, the objector finds small gain to his argument on the

supposition that the covenant respected merely the fugitives from the

surrounding nations, while it left the servants of the Israelites in a

condition against their wills. In that case, the surrounding nations

would adopt retaliatory measures, and become so many asylums for Jewish

fugitives. As these nations were not only on every side of them, but in

their midst, such a proclamation would have been an effectual lure to

men whose condition was a constant counteraction of will. Besides the

same command which protected the servant from the power of his foreign

_master_, protected him equally from the power of an _Israelite_. It was

not, "Thou shalt not deliver him unto his _master_," but "he shall dwell

with thee, in that place which _he shall choose_ in one of thy gates

where it liketh _him_ best." Every Israelite was forbidden to put him in

any condition _against his will_. What was this but a proclamation, that

all who _chose_ to live in the land and obey the laws, were left to

their own free will, to dispose of their services at such a rate, to

such persons and in such places as they pleased? Besides, grant that

this command prohibited the sending back of _foreign_ servants merely,

there was no law requiring the return of servants who had escaped from

the _Israelites_. _Property_ lost, and _cattle_ escaped, they were

required to return, but not escaped servants. These verses contain 1st,

a command, "Thou shall not deliver," &c., 2d, a declaration of the

fugitive's right of _free choice_, and of God's will that he should

exercise it at his own discretion; and 3d, a command guarding this

right, namely, "Thou shalt not oppress him," as though God had said, "If

you restrain him from exercising his _own choice_, as to the place and

condition of his residence, it is _oppression_."

III. We argue the voluntariness of servants from their peculiar

opportunities and facilities for escape. Three times every year, all the

males over twelve years, were required to attend the national feasts.

They were thus absent from their homes not less than three weeks at each

time, making nine weeks annually. As these caravans moved over the

country, were there military scouts lining the way, to intercept

deserters?--a corporal's guard at each pass of the mountains, sentinels

pacing the hill-tops, and light horse scouring the defiles? The

Israelites must have had some safe contrivance for taking their

"_slaves_" three times in a year to Jerusalem and back. When a body of

slaves is moved any distance in our _republic_, they are hand-cuffed and

chained together, to keep them from running away, or beating their

drivers' brains out. Was this the _Mosaic_ plan, or an improvement

introduced by Samuel, or was it left for the wisdom of Solomon? The

usage, doubtless, claims a paternity not less venerable and biblical!

Perhaps they were lashed upon camels, and transported in bundles, or

caged up, and trundled on wheels to and fro, and while at the Holy City,

"lodged in jail for safe keeping," the Sanhedrim appointing special

religious services for their benefit, and their "drivers" officiating at

"ORAL instruction." Mean while, 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, picking

up stragglers by day, and patrolled the streets, keeping a sharp

look-out at night.

IV. Their continuance in Jewish families depended upon the performance

of various rites necessarily VOLUNTARY.

Suppose the servants from the heathen had upon entering Jewish families,

refused circumcision; if _slaves_, how simple the process of

emancipation! Their _refusal_ did the job. Or, suppose they had refused

to attend the annual feasts, or had eaten unleavened bread during the

Passover, or compounded the ingredients of the anointing oil, they would

have been "cut off from the people;" _excommunicated_.

V. We infer the voluntariness of the servants of the Patriarchs from the

impossibility of their having been held against their wills. Abraham's

servants are an illustration. At one time he had three hundred and

eighteen _young men_ "born in his house," and many more _not_ born in

his house. His servants of all ages, were probably MANY THOUSANDS. How

Abraham and Sarah contrived to hold fast so many thousand servants

against their wills, we are left quite in the dark. The most natural

supposition is that the Patriarch and his wife _took turns_ in

surrounding them! The neighboring tribes, instead of constituting a

picket guard to hem in his servants, would have been far more likely to

sweep them and him into captivity, as they did Lot and his household.

Besides, there was neither "Constitution" nor "compact," to send back

Abraham's fugitives, nor a truckling police to pounce upon them, nor

gentleman-kidnappers, suing for his patronage, volunteering to howl on

their 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 suitably stimulated 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, since he faithfully

trained "his household to do justice and judgment," though so deplorably

destitute of the needful aids.

VI. We infer that servants were voluntary, as there is no instance of an

Israelitish master SELLING a servant. Abraham had thousands of servants,

but seems 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. Joseph sent for Jacob to

come into Egypt, "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. 16. They

doubtless, served under their _own contracts_, and when Jacob went into

Egypt, they _chose_ to stay in their own country. The government might

sell _thieves_, if they had no property, until their services had made

good the injury, and paid the legal fine. Ex. xxii. 3. But _masters_

seem to have had no power to sell their _servants_. To give the master a

_right_ to sell his servant, would annihilate the servant's right of

choice in his own disposal; but says the objector, "to give the master a

right to _buy_ a servant, equally annihilates the servant's _right of

choice_." Answer. It is one thing to have a right to buy a man, and a

different thing to have a right to buy him of _another_ man[A].

[Footnote A: There is no evidence that masters had the power to dispose

even the _services_ of their servants, as men hire out their laborers

whom they employ by the year; but whether they had or not, affects not

the argument.]

Though servants were not bought of their masters, yet young females were

bought of their _fathers_. But their purchase as _servants_ was their

betrothal as wives. Ex. xxi. 7, 8. "If a man sell his daughter to be a

maid-servant, she shall not go out as the men-servants do. If she please

not her master WHO HATH BETROTHED HER TO HIMSELF, he shall let her be

redeemed."[B]

[Footnote B: The comment of Maimonides on this passage is as follows: "A

Hebrew handmaid might not be sold but to one who laid himself under

obligations, to espouse her to himself or to his son, when she was fit

to be betrothed."--_Maimonides--Hilcoth--Obedim_, Ch. IV. Sec. XI.

Jarchi, on the same passage, says, "He is bound to espouse her and take

her to be his wife, for the _money of her purchase_ is the money of her

espousal."]

VII. 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, law required his ear to be bored by the judges of the land, thus

making it impossible for him to be held against his will. Yea more, his

master was _compelled_ to keep him, however much he might wish to get

rid of him.

VIII. The method prescribed for procuring servants, was an appeal to

their choice. The Israelites were commanded to offer them a suitable

inducement, and then leave them to decide. They might neither seize them

by _force_, nor frighten them by _threats_, nor wheedle them by false

pretences, nor _borrow_ them, nor _beg_ them; but they were commanded to

buy them[A]; that is, they were to recognize the _right_ of the

individuals to _dispose_ of their own services, and their right to

_refuse all offers_, and thus oblige those who made them, _to do their

own work_. Suppose all, with one accord, had _refused_ to become

servants, what provision did the Mosaic law make for such an emergency?

NONE.

[Footnote A: The case of thieves, whose services were sold until they

had earned enough to make restitution to the person wronged, and to pay

the legal penalty, _stands by itself,_ and has nothing to do with the

condition of servants.]

IX. Various incidental expressions corroborate the idea that servants

became such by their own contract. Job xli. 4, is an illustration, "Will

he (Leviathan) make a COVENANT with thee? wilt thou take him for a

SERVANT forever?"

X. The transaction which made the Egyptians the SERVANTS OF PHARAOH was

voluntary throughout. See Gen. xlvii. 18-26. Of their own accord they

came to Joseph and said, "We have not aught left but our _bodies_ and

our lands; _buy us_;" then in the 25th verse, "we will be servants to

Pharaoh."

XI. We infer the voluntariness of servants, 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.

XII. The sacrifices and offerings which ALL were required to present,

were to be made VOLUNTARILY. Lev. i. 2, 3.

XIII. Mention is often made of persons becoming servants where they were

manifestly and pre-eminently VOLUNTARY. As the Prophet Elisha. 1 Kings

xix. 21; 2 Kings iii. 11. Elijah was his _master_. The word, translated

master, is the same that is so rendered in almost every instance where

masters are spoken of under the Mosaic and patriarchal systems. Moses

was the servant of Jethro. Ex. iii. 1. Joshua was the servant of Moses.

Num. xi. 28. Jacob was the servant of Laban. Gen. xxix. 18-27.

IV.--WERE THE SERVANTS FORCED TO WORK WITHOUT PAY?

As the servants became and continued such of _their own accord_, it

would be no small marvel if they _chose_ to work without pay. Their

becoming servants, pre-supposes _compensation_ as a motive. That they

_were paid_ for their labor, we argue,

I. Because 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. God here

testifies that to use the service of others without wages is

"unrighteousness" and pronounces his "wo" against the doer of the

"wrong." The Hebrew word _Rea_, 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, even those who prosecute us

in lawsuits and enemies while in the act of fighting us--"As when a man

riseth against his NEIGHBOR and slayeth him." Deut. xxii. 26. "Go not

forth hastily to strive, lest thou know not what to do in the end

thereof, when thy NEIGHBOR hath put thee to shame." Prov. xxv. 8. "Thou

shalt not bear false witness against thy NEIGHBOR." Ex. xx. 16. "If any

man come presumptuously upon his NEIGHBOR to slay him with guile." Ex.

xxi. 14, &c.

II. God testifies that in our duty to our fellow men, ALL THE LAW AND

THE PROPHETS hang upon this command, "Thou shalt love thy neighbor as

thyself." Our Savior, in giving this command, quoted _verbatim_ one of

the laws of the Mosaic system. Lev. xix. 18. In the 34th verse of the

same chapter, Moses applies this law to the treatment of Strangers, "The

stranger that dwelleth with you shall be unto you as one born among you,

and THOU SHALT LOVE HIM AS THYSELF." If it be loving others _as_

ourselves, to make them work for us without pay; to rob them of food and

clothing also, would be a stronger illustration still of the law of

love! _Super_-disinterested benevolence! And if it be doing unto others

as we would have them do to us, to make them work for _our own_ good

alone, Paul should be called to order for his hard saying against human

nature, especially for that libellous matter in Eph. v. 29, "No man ever

yet hated his own flesh, but nourisheth it and cherisheth it."

III. 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 had twenty servants. In Lev. xxv. 57-59,

where a servant, reduced to poverty, sold himself, it is declared that

he may be _redeemed_, either by his kindred, or by HIMSELF. Having been

forced to sell himself from poverty, he must have acquired considerable

property _after_ he became a servant. If it had not been common for

servants to acquire property over which they had the control, the

servant of Elisha would hardly have ventured to take a large sum of

money, (nearly $3000[A]) from Naaman, 2 Kings v. 22, 23. As it was

procured by deceit, he wished to conceal the means used in getting it;

but if servants, could "own nothing, nor acquire 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 it was common for servants to own property he

might have it, and invest or use it, without attracting special

attention, and that consideration alone would have been a strong motive

to the act. His master, while rebuking him for using such means to get

the money, not only does not take it from him; but seems to expect that

he would invest it in real estate, and cattle, and would procure

servants with it. 2 Kings v. 26. We find the servant of Saul having

money, and relieving his master in an emergency. 1 Sam. ix. 8. Arza, the

servant of Elah, was the _owner of a house_. That it was somewhat

magnificent, would be a natural inference from it's being a resort of

the king. 1 Kings xvi. 9. The case of the Gibeonites, who after becoming

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, are additional illustrations

of independence in the acquisition and ownership of property.

[Footnote A: Though we have not sufficient data to decide upon the

_relative_ value of that sum, _then_ and _now_, yet we have enough to

warrant us in saying that two talents of silver, had far more value

_then_ than three thousand dollars have _now_.]

[Footnote B: Whoever heard of the slaves in our southern states stealing

a large amount of money? They "_know how to take care of themselves_"

quite too well for that. When they steal, they are careful to do it on

such a _small_ scale, or in the taking of _such things_ as will make

detection difficult. No doubt they steal now and then a little, and a

gaping marvel would it be if they did not. Why should they not follow in

the footsteps of their masters and mistresses? Dull scholars indeed! if,

after so many lessons from _proficients_ in the art, who drive the

business by _wholesale_, they should not occasionally copy their

betters, fall into the _fashion_, and try their hand in a small way, at

a practice which is the _only permanent and universal_ business carried

on around them! Ignoble truly! never to feel the stirrings of high

impulse, prompting to imitate the eminent pattern set before them in the

daily vocation of "Honorables" and "Excellences," and to emulate the

illustrious examples of Doctors of Divinity, and _Right_ and _Very

Reverends_! Hear President Jefferson's testimony. In his Notes on

Virginia, pp. 207-8, speaking of slaves, he says, "That disposition to

theft with which they have been branded, must be ascribed to their

_situation_, and not to any special depravity of the moral sense. It is

a problem which I give the master to solve, whether the religious

precepts against the violation of property were not framed for HIM as

well as for his slave--and whether the slave may not as justifiably take

a _little_ from one who has taken ALL from him, as he may _slay_ one who

would slay him?"]

IV. Heirship.--Servants frequently inherited their master's property;

especially if he had no sons, or if they had dishonored the family.

Eliezer, the servant of Abraham; Ziba, the servant of Mephibosheth,

Jarha the servant of Sheshan, and the _husbandmen_ who said of their

master's son, "this is the HEIR, let us kill him, and the INHERITANCE

WILL BE OURS," are illustrations; also Prov. xvii. 2--"A wise servant

shall have rule over a son that causeth shame, and SHALL HAVE PART OF

THE INHERITANCE AMONG THE BRETHREN." This passage gives servants

precedence as heirs, even over the wives and daughters of their masters.

Did masters hold by force, and plunder of earnings, a class of persons,

from which, in frequent contingencies, they selected both heirs for

their property, and husbands for their daughters?

V. ALL were required to present offerings and sacrifices. Deut. xvi. 15,

17, 2 Chron. xv. 9-11. Numb. ix. 13. Servants must have had permanently,

the means of _acquiring_ property to meet these expenditures.

VI. Those Hebrew servants who went out at the seventh year, were

provided by law with a large stock of provisions and cattle. Deut. xv.

11-14. "Thou shall furnish him liberally out of thy flock, and out of

thy flour, and out of thy wine press, of that wherewith the Lord thy God

hath blessed thee, thou shall give him[A]." If it be said that the

servants from the Strangers did not receive a like bountiful supply, we

answer, neither did the most honorable class of _Israelitish_ servants,

the free-holders; and for the same reason, _they did not go out in the

seventh year_, but continued until the jubilee. If the fact that the

Gentile servants did not receive such a _gratuity_ proves that they were

robbed of their _earnings_, it proves that the most valued class of

_Hebrew_ servants were robbed of theirs also; a conclusion too stubborn

for even pro-slavery masticators, however unscrupulous.

[Footnote A: The comment of Maimonides on this passage is as

follows--"Thou shalt furnish him liberally," &c. "That is to say,

'_Loading, ye shall load him_,' likewise every one of his family, with

as much as he can take with him--abundant benefits. And if it be

avariciously asked, "How much must I give him?" I say unto _you, not

less than thirty shekels_, which is the valuation of a servant, as

declared in Ex. xxi. 32."--Maimonides, Hilcoth Obedim, Chap. ii. Sec. 3]

VII. The servants were BOUGHT. In other words, they received

compensation in advance. Having shown, under a previous head, that

servants _sold themselves_, and of course received the compensation for

themselves, except in cases where parents hired out the time of their

children till they became of age[B], a mere reference to the fact is all

that is required for the purposes of this argument.

[Footnote B: Among the Israelites, girls became of age at twelve, and

boys at thirteen years.]

VIII. We find masters at one time having a large number of servants, and

afterwards none, without any intimation that they were sold. The wages

of servants would enable them to set up in business for themselves.

Jacob, after being Laban's servant for twenty-one years, became thus an

independent herdsman, and was the master of many servants. Gen. xxx. 43,

xxxii. 15. But all these servants had left him before he went down into

Egypt, having doubtless acquired enough to commence business for

themselves. Gen. xlv. 10, 11; xlvi. 1-7, 32.

IX. God's testimony to the character of Abraham. Gen. xviii. 19. "For I

know him that he will command his children and his household after him,

and they shall keep, THE WAY OF THE LORD TO DO JUSTICE AND JUDGEMENT."

God here testifies that Abraham taught his servants "the way of the

Lord." What was the "way of the Lord" respecting the payment of wages

where service was rendered? "Wo unto him that useth his neighbor's

service WITHOUT WAGES!" Jer. xxii. 13. "Masters, give unto your servants

that which is JUST AND EQUAL." Col. iv. 1. "Render unto all their DUES."

Rom. xiii. 7. "The laborer is WORTHY OF HIS HIRE." Luke x. 7. How did

Abraham teach his servants to "_do justice_" to others? By doing

injustice to them? Did he exhort them to "render to all their dues" by

keeping back _their own_? Did he teach them that "the laborer was worthy

of his hire" by robbing them of _theirs_? Did he beget in them a

reverence for honesty by pilfering all their time and labor? Did he

teach them "not to defraud" others "in any matter" by denying them "what

was just and equal?" If each of Abraham's pupils under such a catechism

did not become a very _Aristides_ in justice, then illustrious examples,

patriarchal dignity, and _practical_ lessons, can make but slow headway

against human perverseness!

X. _Specific precepts of the Mosaic law enforcing general principles_.

Out of many, we select the following: (1.) "Thou shalt not muzzle the ox

that treadeth out the corn," or literally, while he thresheth. Deut.

xxv. 4. Here is a general principle applied to a familiar case. The ox

representing all domestic animals. Isa. xxx. 24. A _particular_ kind of

service, _all_ kinds; and a law requiring an abundant provision for the

wants of an animal ministering to man in a _certain_ way,--a general

principle of treatment covering all times, modes, and instrumentalities

of service. The object of the law was; not merely to enjoin tenderness

towards brutes, but to inculcate the duty of rewarding those who serve

us; and if such care be enjoined, by God, both for the ample sustenance

and present enjoyment _of a brute_, what would be a meet return for the

services of _man_?--MAN with his varied wants, exalted nature and

immortal destiny! Paul says expressly, that this principle lies at the

bottom of the statute. 1 Cor. ix. 9, 10, "For it is written in the law

of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out

the corn. Doth God take care for oxen? Or saith he it altogether for OUR

SAKES? that he that ploweth should plow in HOPE, and that he that

thresheth in hope should be PARTAKER OF HIS HOPE," (2.) "If thy brother

be waxen poor, and fallen in decay with thee, then 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. Thou

shalt not give him thy money upon usury, nor lend him thy victuals for

increase." Lev. xxv. 35-37. Now, we ask, by what process of pro-slavery

legerdemain, this regulation can be made to harmonize with the doctrine

of WORK WITHOUT PAY? Did God declare the poor stranger entitled to

RELIEF, and in the same breath, authorize them to "use his services

without wages;" force him to work and ROB HIM OF HIS EARNINGS?

V.--WERE MASTERS THE PROPRIETORS OF SERVANTS AS LEGAL PROPERTY?

The discussion of this topic has already been somewhat anticipated, but

a variety of additional considerations remain to be noticed.

The Anti-Slavery Examiner, Part 1 of 4 · 第 29 / 59 段