servants, where slavery is abolished. In the British West Indies, where
slaves became apprentices in 1834, they are still, (1837,) "bought."
This is the current word in West India newspapers. Ten years since
servants were "_bought_" in New York, and still are in New Jersey, as
really as in Virginia, yet the different senses in which the word is
used in those states, puts no man in a quandary. Under the system of
legal _indenture_ in Illinois, servants now are "_bought_."[A] Until
recently immigrants to this country were "bought" in great numbers. By
voluntary contract they engaged to work a given time to pay for their
passage. This class of persons, called "redemptioners," consisted at one
time of thousands. Multitudes are "bought" _out_ of slavery by
themselves or others. Under the same roof with the writer is a "servant
bought with money." A few weeks since, she was a slave; when "bought,"
she was a slave no longer. Alas! for our leading politicians if "buying"
men makes them "chattels." The Whigs say, that Calhoun has been "bought"
by the administration; and the other party, that Clay and Webster have
been "bought" by the Bank. The histories of the revolution tell us that
Benedict Arnold was "bought" by British gold, and that Williams,
Paulding, and Van Wert, could not be "bought" by Major Andre. When a
northern clergyman marries a rich southern widow, country gossip thus
hits off the indecency, "The cotton bags _bought_ him." Sir Robert
Walpole said, "Every man has his price, and whoever will pay it, can
_buy_ him," and John Randolph said, "The northern delegation is in the
market; give me money enough, and I can _buy_ them." The temperance
publications tell us that candidates for office _buy_ men with whiskey;
and the oracles of street tattle, that the court, district attorney, and
jury, in the late trial of Robinson were _bought_, yet we have no
floating visions of "chattels personal," man-auctions, or coffles.
[Footnote A: The following statute is now in force in the free state of
Illinois--"No negro, mulatto, or Indian, shall at any time _purchase_
any servant other than of their own complexion: and if any of the
persons aforesaid shall presume to _purchase_ a white servant, such
servant shall immediately become free, and shall be so held, deemed and
taken."]
In Connecticut, town paupers are "bought" by individuals, who, for a
stipulated sum become responsible to the town for their comfortable
support for one year. If these "bought" persons perform any labor for
those who "buy" them, it is wholly _voluntary_. It is hardly necessary
to add that they are in no sense the "property" of their purchasers.[A]
[Footnote A: "The select-men" of each town annually give notice, that at
such a time and place, they will proceed to _sell_ the poor of said
town. The persons thus "sold" are "bought" by such persons, approved by
the "select-men," as engage to furnish them with sufficient wholesome
food, adequate clothing, shelter, medicine, &c., for such a sum as the
parties may agree upon. The Connecticut papers frequently contain
advertisements like the following: "NOTICE--The poor of the town of
Chatham will be SOLD on the first Monday in April, 1837, at the house of
F. Penfield, Esq., at 9 o'clock in the forenoon,"--[Middletown Sentinel,
Feb. 3, 1837.] ]
The transaction between Joseph and the Egyptians gives a clue to the use
of "buy" and "bought with money." Gen. xlvii. 18-26. The Egyptians
proposed to Joseph to become servants. When the bargain was closed,
Joseph said, "Behold I have _bought you_ this day," and yet it is plain
that neither party regarded the persons _bought_ as articles of
property, but merely as bound to labor on certain conditions, to pay for
their support during the famine. The idea attached by both parties to
"buy us," and "behold I have bought you," was merely that of service
voluntarily offered, and secured by contract, in return, for _value
received_, and not at all that the Egyptians were bereft of their
personal ownership, and made articles of property. And this buying of
_services_ (in this case it was but one-fifth part) is called in
Scripture usage, _buying the persons_. This case claims special notice,
as it is the only one where the whole transaction of buying servants is
detailed--the preliminaries, the process, the mutual acquiescence, and
the permanent relation resulting therefrom. In all other instances, the
mere fact is stated without particulars. In this case, the whole process
is laid open. 1. The persons "bought," _sold themselves_, and of their
own accord. 2. Paying for the permanent _service_ of persons, or even a
portion of it, is called "buying" those persons; just as paying for the
_use_ of land or houses for a number of years in succession is called in
Scripture usage _buying_ them. See Lev. xxv. 28, 33, and xxvii. 24. The
objector, at the outset, takes it for granted, that servants were bought
of _third_ persons; and thence infers that they were articles of
property. Both the alleged fact and the inference are _sheer
assumptions_. No instance is recorded, under the Mosaic system, in which
a _master sold his servant_.
That servants who were "bought," _sold themselves_, is a fair inference
from various passages of Scripture.[A] In Leviticus xxv. 47, the case of
the Israelite, who became the servant of the stranger, the words are,
"If he SELL HIMSELF unto the stranger." Yet the 51st verse informs us
that this servant was "BOUGHT" and that the price of his purchase was
paid to _himself_. The _same word_, and the same _form_ of the word,
which, in verse 47, is rendered _sell himself_, is in verse 39 of the
same chapter, rendered _be sold_; in Deut. xxviii. 68, the same word is
rendered "be sold." "And there ye shall BE SOLD unto your enemies for
bond-men and bond-women and NO MAN SHALL BUY YOU." How could they "_be
sold_" without _being bought_? Our translation makes it nonsense. The
word _Makar_ rendered "_be sold_" is used here in Hithpael conjugation,
which is generally reflexive in its force, and like the middle voice in
Greek, represents what an individual does for himself, and should
manifestly have been rendered "ye shall _offer yourselves_ for sale, and
there shall be no purchaser." For a clue to Scripture usage on this
point, see 1 Kings xxi. 20. 25.--"Thou hast _sold thyself_ to work
evil." "There was none like unto Ahab which did sell _himself_ to work
wickedness."--2 Kings xvii. 17. "They used divination and enchantments,
and _sold themselves_ to do evil."--Isa. l. 1. "For your iniquities have
ye _sold yourselves."_ Isa. lii. 3, "Ye have _sold yourselves_ FOR
NOUGHT, and ye shall be redeemed without money." See also, Jer. xxxiv.
14; Rom. vii. 14, vi. 16; John, viii. 34, and the case of Joseph and the
Egyptians, already quoted. In the purchase of wives, though spoken of
rarely, it is generally stated that they were bought of _third_ persons.
If _servants_ were bought of third persons, it is strange that no
_instance_ of it is on record.
[Footnote A: Those who insist that the servants which the Israelites
were commanded to buy of "the heathen which were round about" them, were
to be bought of _third persons_, virtually charge God with the
inconsistency of recognizing and affirming the right of those very
persons to freedom, upon whom, say they, he pronounced the doom of
slavery. For they tell us, that the sentence of death uttered against
those heathen was commuted into slavery, which punishment God denounced
against them. Now if "the heathen round about" were doomed to slavery,
the _sellers_ were doomed as well as the _sold_. Where, we ask, did the
sellers get their right to sell? God by commanding the Israelites to
BUY, affirmed the right of _somebody_ to _sell_, and that the
_ownership_ of what was sold existed _somewhere_; which _right_ and
ownership he commanded them to _recognize_ and _respect_. We repeat the
question, where did the heathen _sellers_ get their right to sell, since
_they_ were dispossessed of their right to _themselves_ and doomed to
slavery equally with those whom they sold. Did God's decree vest in them
a right to _others_ while it annulled their right to _themselves_? If,
as the objector's argument assumes, one part of "the heathen round
about" were _already_ held as slaves by the other part, _such_ of course
were not _doomed_ to slavery, for they were already slaves. So also, if
those heathen who held them as slaves had a _right_ to hold them, which
right God commanded the Israelites to _buy out_, thus requiring them to
recognize _it_ as a _right_, and on no account to procure its transfer
to themselves without paying to the holders an equivalent, surely, these
_slaveholders_ were not doomed by God to be slaves, for according to the
objector, God had himself affirmed their right _to hold others as
slaves_, and commanded his people to respect it.]
We now proceed to inquire into the _condition_ of servants under the
patriarchal and Mosaic systems.
I. THE RIGHTS AND PRIVILEGES OF SERVANTS.
The leading design of the laws defining the relations of master and
servant, was the good of both parties--more especially the good of the
_servants_. While the master's interests were guarded from injury, those
of the servants were _promoted_. These laws made a merciful provision
for the poorer classes, both of the Israelites and Strangers, not laying
on burdens, but lightening them--they were a grant of _privileges_ and
_favors_.
I. BUYING SERVANTS WAS REGARDED AS A KINDNESS TO THE PERSONS BOUGHT, and
as establishing between them and their purchasers a bond of affection
and confidence. This is plain from the frequent use of it to illustrate
the love and care of God for his chosen people. Deut. xxxii. 6; Ex. xv.
16; Ps. lxxiv. 2; Prov. viii. 22.
II. NO STRANGER COULD JOIN THE FAMILY OF AN ISRAELITE WITHOUT BECOMING A
PROSELYTE. Compliance with this condition was the _price of the
privilege_. Gen. xvii. 9-14, 23, 27. In other words, to become a servant
was virtually to become an Israelite.[A] In the light of this fact, look
at the relation sustained by a proselyted servant to his master. Was it
a sentence consigning to _punishment_, or a ticket of admission to
_privileges_?
[Footnote A: The rites by which a stranger became a proselyte
transformed him into a Jew. Compare 1 Chron. ii. 17, with 2 Sam. xvii.
25. In Esther viii. 17, it is said "Many of the people of the land
_became Jews_." In the Septuagint, the passage is thus rendered, "Many
of the heathen were circumcised and became Jews." The intimate union and
incorporation of the proselytes with the Hebrews is shown by such
passages as Isa. lvi. 6, 7, 8; Eph. ii. 11, 22; Num. x. 29-32. Calmet,
Art. Proselyte, says "They were admitted to all the prerogatives of the
people of the Lord." Mahommed doubtless borrowed from the laws and
usages of the Jews, his well known regulation for admitting to all civil
and religious privileges, all proselytes of whatever nation or
religion.]
III. EXPULSION FROM THE FAMILY WAS THE DEPRIVATION OF A PRIVILEGE IF NOT
A PUNISHMENT. When Sarah took umbrage at the conduct of Hagar and
Ishmael, her servants, "She said unto Abraham _cast out_ this bond-woman
and her son." * * And Abraham rose up early in the morning and took
bread and a bottle of water and gave it unto Hagar and the child, and
_sent her away_. Gen. xxi. 10, 14; in Luke xvi. 1-8, our Lord tells us
of the steward or head-servant of a rich man who defrauded his master,
and was, in consequence, excluded from his household. The servant
anticipating such a punishment, says, "I am resolved what to do, that
when I am _put out_ of the stewardship, they may receive me into their
houses." The case of Gehazi, the servant of Elisha, appears to be a
similar one. He was guilty of fraud in procuring a large sum of money
from Naaman, and of deliberate lying to his master, on account of which
Elisha seems to have discarded him. 2 Kings v. 20-27. In this connection
we may add that if a servant neglected the observance of any ceremonial
rite, and was on that account excommunicated from the congregation of
Israel, such excommunication excluded him also from the _family_ of an
Israelite. In other words he could be a _servant_ no longer than he was
an _Israelite_. To forfeit the latter _distinction_ involved the
forfeiture of the former _privilege_--which proves that it _was_ a
privilege.
IV. THE HEBREW SERVANT COULD COMPEL HIS MASTER TO KEEP HIM.
When the six years' contract had expired, if the servant _demanded_ it,
the law _obliged_ the master to retain him permanently, however little
he might need his services. Deut. xv. 12-17; Ex. xxi. 2-6. This shows
that the system was framed to advance the interest and gratify the
wishes of the servant quite as much as those of the master.
V. SERVANTS WERE ADMITTED INTO COVENANT WITH GOD. Deut. xxix. 10-13.
VI. THEY WERE GUESTS AT ALL NATIONAL AND FAMILY FESTIVALS Ex. xii.
43-44; Deut xii. 12, 18, xvi. 10-16.
VII. THEY WERE STATEDLY INSTRUCTED IN MORALITY AND RELIGION. Deut. xxxi.
10-13; Josh. viii. 33-35; 2 Chron. xvii. 8-9, xxxv. 3, and xxxiv. 30.
Neh. viii. 7, 8.
VIII. THEY WERE RELEASED FROM THEIR REGULAR LABOR NEARLY ONE HALF OF THE
WHOLE TIME. During which they had their entire support, and the same
instruction that was provided for the other members of the Hebrew
community. The Law secured to them,
1. _Every seventh year;_ Lev. xxv. 3-6; thus giving to those who were
servants during the entire period between the jubilees, _eight whole
years_, (including the jubilee year,) of unbroken rest.
2. _Every seventh day._ This in forty-two years, the eight being
subtracted from the fifty, would amount to just _six years_.
3. _The three annual festivals._ Ex. xxiii. 17, xxxiv. 23. The
_Passover_, which commenced on the 15th of the 1st month, and lasted
seven days, Deut. xvi. 3, 8. The Pentecost, or Feast of Weeks, which
began on the 6th day of the 3d month, and lasted seven days. Deut. xvi.
10, 11. The Feast of Tabernacles, which commenced on the 15th of the 7th
month, and lasted eight days. Deut. xvi. 13, 15; Lev. xxiii. 34-39. As
all met in one place, much time would be spent on the journey. Cumbered
caravans move slowly. After their arrival, a day or two would be
requisite for divers preparations before the celebration, besides some
time at the close of it, in preparations for return. If we assign three
weeks to each festival--including the time spent on the journeys, and
the delays before and after the celebration, together with the _festival
week_, it will be a small allowance for the cessation of their regular
labor. As there were three festivals in the year, the main body of the
servants would be absent from their stated employments at least _nine
weeks annually_, which would amount in forty-two years, subtracting the
sabbaths, to six years and eighty-four days.
4. _The new moons_. The Jewish year had twelve; Josephus says that the
Jews always kept _two_ days for the new moon. See Calmet on the Jewish
Calendar, and Horne's Introduction; also 1 Sam. xx, 18, 19, 27. This, in
forty-two years, would be two years 280 days.
5. _The feast of trumpets_. On the first day of the seventh month, and
of the civil year. Lev. xxiii. 24, 25.
6. _The atonement day_. On the tenth of the seventh month Lev. xxiii.
27.
These two feasts would consume not less than sixty-five days not
reckoned above.
Thus it appears that those who continued servants during the period
between the jubilees, were by law released from their labor,
TWENTY-THREE YEARS AND SIXTY-FOUR DAYS, OUT OF FIFTY YEARS, and those
who remained a less time, in nearly the same proportion. In this
calculation, besides making a donation of all the _fractions_ to the
objector, we have left out those numerous _local_ festivals to which
frequent allusion is made, Judg. xxi. 19; 1 Sam. ix. 12. 22. etc., and
the various _family_ festivals, such as at the weaning of children; at
marriages; at sheep shearings; at circumcisions; at the making of
covenants, &c., to which reference is often made, as in 1 Sam, xx. 6.
28, 29. Neither have we included the festivals instituted at a later
period of the Jewish history--the feast of Purim, Esth. ix. 28, 29; and
of the Dedication, which lasted eight days. John x. 22; 1 Mac. iv. 59.
Finally, the Mosaic system secured to servants, an amount of time which,
if distributed, would be almost ONE HALF OF THE DAYS IN EACH YEAR.
Meanwhile, they were supported, and furnished with opportunities of
instruction. If this time were distributed over _every day_, the
servants would have to themselves nearly _one half of each day_.
The service of those Strangers who were _national_ servants or
tributaries, was regulated upon the same benevolent principle, and
secured to them TWO-THIRDS of the whole year. "A month they were in
Lebanon, and two months they were at home." 1 Kings, v. 13-15. Compared
with 2 Chron. 11. 17-19, viii. 7-9; 1 Kings, ix 20. 22. The regulations
under which the inhabitants of Gibeon, Chephirah, Beeroth and
Kirjath-jearim, (afterwards called _Nethinims_) performed service for
the Israelites, must have secured to them nearly the whole of their
time. If, as is probable, they served in courses corresponding to those
of their priests whom they assisted, they were in actual service less
than one month annually.
IX. THE SERVANT WAS PROTECTED BY LAW EQUALLY WITH THE OTHER MEMBERS OF
THE COMMUNITY
Proof.--"Judge righteously between every man and his brother and THE
STRANGER THAT IS WITH HIM." "Ye shall not RESPECT PERSONS in judgment,
but ye shall hear the SMALL as well as the great." Deut. i. 16, 19. Also
Lev. xix. 15. xxiv. 22. "Ye shall have one manner of law as well for the
STRANGER, as for one of your own country." So Num. xv. 29. "Ye shall
have ONE LAW for him that sinneth through ignorance, both for him that
is born among the children of Israel and for the STRANGER that
sojourneth among them." Deut. xxvii. 19. "Cursed be he that PERVERTETH
THE JUDGMENT OF THE STRANGER."[A] Deut. xxvii. 19.
[Footnote A: In a work entitled, "Instruction in the Mosaic Religion" by
Professor Jholson, of the Jewish seminary at Frankfort-on-the-Main,
translated into English by Rabbi Leeser, we find the following.--Sec.
165. "Question. Does holy writ any where make a difference between the
Israelite and the other who is no Israelite, in those laws and
prohibitions which forbid us the _committal of any thing against our
fellow men?_"
"Answer. No where we do find a trace of such a difference. See Lev. xix.
33-36."
"God says thou shalt not murder, _steal_, cheat, &c. In every place the
action _itself_ is prohibited as being an abomination to God _without
respect to the PERSONS against whom it is committed_." ]
X. THE MOSAIC SYSTEM ENJOINED THE GREATEST AFFECTION AND KINDNESS
TOWARDS SERVANTS, FOREIGN AS WELL AS JEWISH.
"The stranger that dwelleth with you shall be unto you as one born among
you, and thou shalt love him as thyself." Lev. xix. 34. "For the Lord
your God * * REGARDETH NOT PERSONS. 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." Deut. x. 17, 19. "Thou shalt
neither vex a STRANGER nor oppress him." Ex. xxii. 21. "Thou shalt not
oppress a STRANGER, for ye know the heart of a stranger." Ex. xxiii. 9.
"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." Lev. xxv. 35, 36. Could
this same stranger be taken by one that feared his God, and held as a
slave, and robbed of time, earnings, and all his rights?
XI. SERVANTS WERE PLACED UPON A LEVEL WITH THEIR MASTERS IN ALL CIVIL
AND RELIGIOUS RIGHTS. Num. xv. 15, 16, 29; ix. 14; Deut. i. 16, 17; Lev.
xxiv. 22. To these may be added that numerous class of passages which
represents God as regarding _alike_ the natural rights of _all_ men, and
making for all an _equal_ provision. Such as, 2 Chron. xix. 7; Prov.
xxiv. 23, xxviii. 21; Job. xxxiv. 19, 2 Sam. xiv. 14; Acts x. 35; Eph.
vi. 9.
Finally--With such watchful jealousy did the Mosaic Institutes guard the
_rights_ of servants, as to make the mere fact of a servant's escape
from his master presumptive evidence that his master had _oppressed_
him; and on that presumption, annulled his master's authority over him,
gave him license to go wherever he pleased, and commanded all to protect
him. Deut. xxiii. 15, 16. As this regulation will be examined under a
subsequent head, where its full discussion more appropriately belongs,
we notice it here merely to point out its bearings on the topic under
consideration.
THESE ARE REGULATIONS OF THAT MOSAIC SYSTEM WHICH IS CLAIMED BY
SLAVEHOLDERS AS THE PROTOTYPE OF AMERICAN SLAVERY.
II. WERE PERSONS MADE SERVANTS AGAINST THEIR WILLS?
We argue that they became servants of _their own accord,_ because,
I. TO BECOME A SERVANT WAS TO BECOME A PROSELYTE. Whoever of the
strangers became a servant, he was required to abjure idolatry, to enter
into covenant with God[A], be circumcised in token of it, be bound to
keep the Sabbath, the Passover, the Pentecost, and the Feast of
Tabernacles, and to receive instruction in the moral and ceremonial law.
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, spurned the laws that
enjoined it, detested its author and its executors, and instead of
rejoicing in the deliverance which it commemorated, 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 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_. Did God authorize his people to make proselytes at the
point of the bayonet? 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? the sure and sacred passport to the communion of the
saints?
[Footnote A: Maimonides, 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 his 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. 1,
Sec. 8.
The ancient Jewish Doctors assert that the servant from the Strangers
who at the close of his probationary year, refused to adopt the Jewish
religion and was on that account 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. ]
II. THE SURRENDER OF FUGITIVE SERVANTS TO THEIR MASTERS WAS PROHIBITED.
"Thou shalt 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." Deut. xxiii. 15, 16.