The Anti-Slavery Examiner, Omnibus · Chapter 17Part 17
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The use of the word buy, to describe the procuring of wives, is not peculiar to the Hebrew. In the Syriac language, the common expression for "the married," or "the espoused," is "the bought." Even so late as the 16th century, the common record of marriages in the old German Chronicles was "A. BOUGHT B."
The Hebrew word translated buy, is, like other words, modified by the nature of the subject to which it is applied. Eve says, "I have gotten (bought) a man of the Lord." She named him Cain, that is, bought. "He that heareth reproof, getteth (buyeth) understanding", Prov. xv. 32. So in Isa. xi. 11. "The Lord shall set his hand again to recover (to buy) the remnant of his people." So Ps. lxxviii. 54. He brought them to this mountain which his right hand had purchased, i.e. gotten. Jer. xiii. 4. "Take the girdle that thou hast got" (bought.) Neh. v. 8. "We of our ability have redeemed (bought) our brethren that were sold to the heathen." Here "bought" is not applied to persons who were made slaves, but to those taken out of slavery. Prov. 8. 22. "The Lord possessed (bought) me in the beginning of his way before his works of old." Prov. xix. 8. "He that getteth (buyeth) wisdom loveth his own soul." Prov. xvi. 16. "How much better is it to get (buy) wisdom than gold?" Finally, to buy is a secondary meaning of the Hebrew word Kana.
4. Even at this day the word buy is used to describe the procuring of servants, where slavery is abolished. In the British West Indies, where slaves became apprentices in 1834, they are still "bought." This is now the current word in West India newspapers. So a few years since in New-York, Connecticut, Pennsylvania, and even now in New-Jersey servants are "bought" as really as in Virginia. And the different senses in which the same word is used in the two states, puts no man in a quandary, whose common sense amounts to a modicum.
So under the system of legal indenture in Illinois, servants now are "bought."A A short time since, hundreds of foreigners who came to this country were "bought" annually. By voluntary contract they engaged to work for their purchasers 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, and remove into free states. Under the same roof with the writer is a "servant bought with money." A few weeks since, she was a slave. As soon as "bought," she was a slave no longer. Alas! for our leading politicians if "buying" men makes them "chattels." The Whigs say that Benton and Rives were "bought" by the administration with the surplus revenue; and the other party, that Clay and Webster were "bought" by the Bank. The histories of the revolution tell us that Benedict Arnold was "bought" by British gold. Did that make him an article of property? When a northern clergyman marries a rich southern widow, country gossip hits off the indecency with this current phrase, "The cotton bags bought him." When Robert Walpole said, "Every man has his price, and whoever will pay it can buy him," and when John Randolph said, while the Missouri question was pending, "The northern delegation is in the market; give me money enough, and I can buy them," they both meant just what they said. When 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, we have no floating visions of "chattels personal," man auctions, or coffles.
A: The following statute is now in force in the 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."
The transaction between Joseph and the Egyptians gives a clue to the meaning attached to "buy" and "bought with money." See Gen. xlvii. 18-26. The Egyptians proposed to Joseph to become servants, and that he should buy them. When the bargain was closed, Joseph said, "Behold I have bought you this day," and yet it is plain that neither of the parties dreamed that the persons bought were in any sense articles of property, but merely that they became thereby obligated to labor for the government on certain conditions, as a compensation for the entire support of themselves and families during the famine. And that the idea attached to "buy us," and "behold I have bought you," was merely the procuring of services voluntarily offered, and secured by contract, as a 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 (they were to give one-fifth part of their crops to Pharaoh) is called in Scripture usage, buying the persons. This case deserves 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 entering into particulars. In this case, the whole process is laid open.
1. The persons "bought," sold themselves, and of their own accord.
2. Obtaining permanently the services of persons, or even a portion of them, is called "buying" those persons. The objector, at the outset, assumes that servants were bought of third persons; and thence infers that they were articles of property. This is sheer assumption. Not a single instance is recorded, of a servant being sold by any one but himself; not a case, either under the patriarchal, or the Mosaic systems, in which a master sold his servant. That the servants who were "bought" sold themselves, is a fair inference from various passages of Scripture.
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." The same word, and the same form of the word, which, in the 47th verse, is rendered sell himself, is in the 39th verse of the same chapter, rendered be sold; in Deut. xxviii. 68, the same word is rendered "be sold." Here it is the Hithpael conjugation, which is reflexive in its force, and, like the middle voice in Greek, represents what an individual does for himself; or in his own concerns; and should manifestly have been rendered, ye shall offer yourselves for sale. 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 to Ahab that sold 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, Jeremiah xxxiv. 14—Romans vii. 14, and vi. 16—John viii. 34, and the case of Joseph and the Egyptians, already quoted.
Again, if servants were bought of third persons, where are the instances? In the purchase of wives, though spoken of rarely, it is generally stated that they were bought of third persons. Is it not a fair inference, if servants were bought of third persons, that there would sometimes have been such an intimation?
The general object of those statutes, which prescribed the relations of master and servant, was the good of both parties—but more especially the good of the servants. While the interests of the master were specially guarded from injury, those of the servants were promoted.
These laws were 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—a bestowment of favors.
1. No servant from the Strangers, could remain a servant in the family of an Israelite, without becoming a proselyte. Compliance with this condition was the price of the privilege.—Genesis xvii. 9-14, 23, 27.
2. Excommunication from the family was a PUNISHMENT.—Genesis xxi. 14-Luke xvi. 2-4.
3. The fact that every Hebrew servant could COMPEL his master to keep him after the six years contract had, expired, shows that the system was framed to advance the interests and gratify the wishes of the servant quite as much as those of the master. If the servant demanded it, the law obliged the master to retain him in his household, however little he might need his services, or great his dislike to the individual. Deut. xv. 12-17, and Exodus xxi. 2-6.
4. The rights and privileges guaranteed by law to all servants. (1.) They were admitted into covenant with God. Deut. xxix. 10-13.
(2.) They were invited guests at all the national and family festivals of the household in which they resided. Exodus xii. 43-44; Deut. xii. 12, 18, and xvi. 10-16.
(3.) They were statedly instructed in morality and religion. Deut. xxxi. 10-13; Joshua viii. 33-35; 2 Chronicles xvii. 8-9.
(4.) They were released from their regular labor nearly ONE HALF OF THE WHOLE TIME. During which, the law secured to them their entire support; and the same public and family instruction that was provided for the other members of the Hebrew community.
(a.) The Law secured to them the whole of every seventh year; Lev. xxv. 3-6; thus giving to those servants that remained such during the entire period between the jubilees, eight whole years (including the Jubilee year) of unbroken rest.
(b.) Every seventh day. This in forty-two years, (the eight being subtracted from the fifty) would amount to just six years.
(c.) The three great annual festivals. 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 sixth day of the third month, and lasted seven days. Lev. xxiii. 15-21. And the Feast of Tabernacles, which commenced on the 15th of the seventh 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. Their cumbered caravans moved slowly. After their arrival at the place of sacrifice, a day or two at least, would be requisite for divers preparations, before entering upon the celebration of the festival, besides some time at the close of it, in preparations for their return. If we assign three weeks to each festival—including the time spent on the journey going and returning, 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.
(e.) The new moons. The Jewish year had twelve; Josephus tells us that the Jews always kept two days for the new moon. See Calmet on the Jewish Calender, and Horne's Introduction; also 1 Sam. xx, 18, 19, 27. This would amount in forty-two years, to two years, two hundred and eighty days, after the necessary subtractions.
(f.) The feast of trumpets. On the first day of the seventh month, and of the civil year. Lev. xxiii. 24, 25.
(g.) The day of atonement. On the tenth of the seventh month. Lev. xxiii. 27-32.
These two last feasts would consume not less than sixty-five days of time not otherwise reckoned.
Thus it appears that those persons who continued servants during the whole 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 the foregoing calculation, besides making a generous donation of all the fractions to the objector, we have left out of the account, those numerous local festivals to which frequent allusion is made, as in Judges xxi. 19; 1 Sam. 9th chapter. And the various family festivals, such as at the weaning of children; at marriages; at sheep shearings; at the making of covenants, &c., to which reference is often made, as in 1st Sam. xx. 28, 29. Neither have we included those memorable festivals instituted at a later period of the Jewish history. The feast of Purim, Esther, ix. 28, 29; and the feast 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 on an average be almost ONE HALF OF THE DAYS IN EACH YEAR. Meanwhile, they and their families were supported, and furnished with opportunities of instruction. If this amount of time were distributed over every day, the servants would have to themselves, all but a fraction of ONE HALF OF EACH DAY, and would labor for their masters the remaining fraction and the other half of the day.
THIS REGULATION IS A PART OF THAT MOSAIC SYSTEM WHICH IS CLAIMED BY SLAVEHOLDERS AS THE GREAT PROTOTYPE OF AMERICAN SLAVERY.
5. The servant was protected by law equally with the other members of the community.
Proof—"Hear the causes between your brethren, and judge righteously between every man and his neighbor, 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, 17. Also in Lev. xxiv. 22. "Ye shall have one manner of law as well for the stranger, as for one of your own country, for I am the Lord your God." So Numbers 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, the fatherless and the widow."
6. The Mosaic system enjoined upon the Israelites the greatest affection and kindness toward their servants, foreign as well as Jewish.
Lev. xix. 34. "The stranger that dwelleth with you shall be unto you as 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.
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 GodA, 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.
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.