The Anti-Slavery Examiner, Omnibus · Chapter 23Part 23
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A: Whatever system sinks men from an END to a mere means, just so far makes him a slave. Hence West India apprenticeship retains the cardinal principle of slavery. The apprentice, during three fourths of his time, is still forced to labor, and robbed of his earnings; just so far forth he is a mere means, a slave. True, in other respects slavery is abolished in the British West Indies. Its bloodiest features are blotted out—but the meanest and most despicable of all—forcing the poor to work for the rich without pay three fourths of their time, with a legal officer to flog them if they demur at the outrage, is one of the provisions of the "Emancipation Act!" For the glories of that luminary, abolitionists thank God, while they mourn that it rose behind clouds, and shines through an eclipse.
That this is American slavery, is shown by the laws of slave states. Judge Stroud, in his "Sketch of the Laws relating to Slavery," says, "The cardinal principle of slavery, that the slave is not to be ranked among sentient beings, but among things—obtains as undoubted law in all of these [the slave] states." The law of South Carolina thus lays down the principle, "Slaves shall be deemed, held, taken, reputed, and adjudged in law to be chattels personal in the hands of their owners and possessors, and their executors, administrators, and assigns, to ALL INTENTS, CONSTRUCTIONS, AND PURPOSES WHATSOEVER."—Brevard's Digest, 229. In Louisiana, "A slave is one who is in the power of a master to whom he belongs; the master may sell him, dispose of his person, his industry, and his labor; he can do nothing, possess nothing, nor acquire any thing, but what must belong to his master."—Civ. Code of Louisiana, Art. 35.
This is American slavery. The eternal distinction between a person and a thing, trampled under foot—the crowning distinction of all others—alike the source, the test, and the measure of their value—the rational, immortal principle, consecrated by God to universal homage, in a baptism of glory and honor by the gift of His Son, His Spirit, His word, His presence, providence, and power; His shield, and staff, and sheltering wing; His opening heavens, and angels ministering, and chariots of fire, and songs of morning stars, and a great voice in heaven, proclaiming eternal sanctions, and confirming the word with signs following.
Having stated the principle of American slavery, we ask, DOES THE BIBLE SANCTION SUCH A PRINCIPLE?A "To the law and the testimony?" First, the moral law. Just after the Israelites were emancipated from their bondage in Egypt, while they stood before Sinai to receive the law, as the trumpet waxed louder, and the mount quaked and blazed, God spake the ten commandments from the midst of clouds and thunderings. Two of those commandments deal death to slavery. "THOU SHALT NOT STEAL," or, "thou shalt not take from another what belongs to him." All man's powers are God's gift to him. That they are his own, is proved from the fact that God has given them to him alone,—that each of them is a part of himself, and all of them together constitute himself. All else that belongs to man, is acquired by the use of these powers. The interest belongs to him, because the principal does; the product is his, because he is the producer. Ownership of any thing, is ownership of its use. The right to use according to will, is itself ownership. The eighth commandment presupposes and assumes the right of every man to his powers, and their product. Slavery robs of both. A man's right to himself, is the only right absolutely original and intrinsic—his right to whatever else that belongs to him is merely relative to this, is derived from it, and held only by virtue of it. SELF-RIGHT is the foundation right—the post is the middle, to which all other rights are fastened. Slaveholders, when talking about their RIGHT to their slaves, always assume their own right to themselves. What slaveholder ever undertook to prove his right to himself? He knows it to be a self-evident proposition, that a man belongs to himself—that the right is intrinsic and absolute. In making out his own title, he makes out the title of every human being. As the fact of being a man is itself the title, the whole human family have one common title deed. If one man's title is valid, all are valid. If one is worthless, all are. To deny the validity of the slave's title is to deny the validity of his own; and yet in the act of making a man a slave, the slaveholder asserts the validity of his own title, while he seizes him as his property who has the same title. Further, in making him a slave, he does not merely disfranchise the humanity of one individual, but of UNIVERSAL MAN. He destroys the foundations. He annihilates all rights. He attacks not only the human race, but universal being, and rushes upon JEHOVAH. For rights are rights; God's are no more—man's are no less.
A: The Bible record of actions is no comment on their moral character. It vouches for them as facts, not as virtues. It records without rebuke, Noah's drunkenness, Lot's incest, and the lies of Jacob and his mother—not only single acts, but usages, such as polygamy and concubinage, are entered on the record without censure. Is that silent entry God's endorsement? Because the Bible in its catalogue of human actions, does not stamp on every crime its name and number, and write against it, this is a crime—does that wash out its guilt, and bleach into a virtue?
The eighth commandment forbids the taking of any part of that which belongs to another. Slavery takes the whole. Does the same Bible which prohibits the taking of any thing from him, sanction the taking of every thing? Does it thunder wrath against him who robs his neighbor of a cent, yet bid God speed to him who robs his neighbor of himself? Slaveholding is the highest possible violation of the eighth commandment. To take from a man his earnings, is theft. But to take the earner, is a compound, life-long theft—supreme robbery, that vaults up the climax at a leap—the dread, terrific, giant robbery, that towers among other robberies a solitary horror, monarch of the realm. The eighth commandment forbids the taking away, and the tenth adds, "THOU SHALT NOT COVET ANY THING THAT IS THY NEIGHBOR'S;" thus guarding every man's right to himself and his property, by making not only the actual taking away a sin, but even that state of mind which would tempt to it. Who ever made human beings slaves, without coveting them? Why take from them their time, labor, liberty, right of self-preservation and improvement, their right to acquire property, to worship according to conscience; to search the Scriptures, to live with their families, and their right to their own bodies, if they do not desire them? They covet them for purposes of gain, convenience, lust of dominion, of sensual gratification of pride and ostentation. THEY BREAK THE TENTH COMMANDMENT, and pluck down upon their heads the plagues that are written in the book.—Ten commandments constitute the brief compend of human duty.—Two of these brand slavery as sin.
The giving of the law at Sinai, immediately preceded the promulgation of that body of laws called the "Mosaic system." Over the gateway of that system, fearful words were written by the finger of God—"HE THAT STEALETH A MAN AND SELLETH HIM, OR IF HE BE FOUND IN HIS HAND, HE SHALL SURELY BE PUT TO DEATH." Ex. xxi. 16.
The oppression of the Israelites in Egypt, and the wonders wrought for their deliverance, proclaim the reason for such a law at such a time—when the body politic became a theocracy, and reverently waited for the will of God. They had just been emancipated. The tragedies of their house of bondage were the realities of yesterday, and peopled their memories with thronging horrors. They had just witnessed God's testimony against oppression in the plagues of Egypt—the burning blains on man and beast—the dust quickened into loathsome life, and swarming upon every living thing—the streets, the palaces, the temples, and every house heaped up with the carcases of things abhorred—the kneading troughs and ovens, the secret chambers and the couches; reeking and dissolving with the putrid death—the pestilence walking in darkness at noonday, the devouring locusts, and hail mingled with fire, the first-born death-struck, and the waters blood, and last of all, that dread high hand and stretched-out arm, that whelmed the monarch and his hosts, and strewed their corpses on the sea. All this their eyes had looked upon,—earth's proudest city, wasted and thunder-scarred, lying in desolation, and the doom of oppressors traced on her ruins in the hand writing of God, glaring in letters of fire mingled with blood—a blackened monument of wrath to the uttermost against the stealers of men. No wonder that God, in a code of laws prepared for such a people at such a time, should light up on its threshold a blazing beacon to flash terror on slaveholders. "He that stealeth a man and selleth him, or if he be found in his hand, he shall surely be put to death." Ex. xxi. 16. Deut. xxiv. 7A. God's cherubim and flaming sword guarding the entrance to the Mosaic system!
A: Jarchi, the most eminent of the Jewish Commentators, who wrote seven hundred years ago, in his commentary on this stealing and making merchandize of men, gives the meaning thus:—"Using a man against his will, as a servant lawfully purchased; yea, though he should use his services ever so little, only to the value of a farthing, or use but his arm to lean on to support him, if he be forced so to act as a servant, the person compelling him but once to do so shall die as a thief, whether he has sold him or not."
The word Gānābh here rendered stealeth, means the taking what belongs to another, whether by violence or fraud; the same word is used in the eighth commandment, and prohibits both robbery and theft.
The crime specified is that of depriving SOMEBODY of the ownership of a man. Is this somebody a master? and is the crime that of depriving a master of his servant? Then it would have been "he that stealeth" a servant, not "he that stealeth a man." If the crime had been the taking an individual from another, then the term used would have been expressive of that relation, and most especially if it was the relation of property and proprietor!
The crime is stated in a three-fold form—man stealing, selling, and holding. All are put on a level, and whelmed under one penalty—DEATH. This somebody deprived of the ownership of a man, is the man himself, robbed of personal ownership. Joseph said, "Indeed I was stolen away out of the land of the Hebrews." Gen. xl. 15. How stolen? His brethren sold him as an article of merchandize. Contrast this penalty for man-stealing with that for property-stealing, Ex. xxii. If a man had stolen an ox and killed or sold it, he was to restore five oxen; if he had neither sold nor killed it, two oxen. But in the case of stealing a man, the first act drew down the utmost power of punishment; however often repeated, or aggravated the crime, human penalty could do no more. The fact that the penalty for man-stealing was death, and the penalty for property-stealing, the mere restoration of double, shows that the two cases were adjudicated on totally different principles. The man stolen might be past labor, and his support a burden, yet death was the penalty, though not a cent's worth of property value was taken. The penalty for stealing property was a mere property penalty. However large the theft, the payment of double wiped out the score. It might have a greater money value than a thousand men, yet death was not the penalty, nor maiming, nor branding, nor even stripes, but double of the same kind. Why was not the rule uniform? When a man was stolen why was not the thief required to restore double of the same kind—two men, or if he had sold him, five men? Do you say that the man-thief might not have them? So the ox-thief might not have two oxen, or if he had killed it, five. But if God permitted men to hold men as property, equally with oxen, the man-thief could get men with whom to pay the penalty, as well as the ox-thief, oxen. Further, when property was stolen, the legal penalty was a compensation to the person injured. But when a man was stolen, no property compensation was offered. To tender money as an equivalent, would have been to repeat the outrage with intolerable aggravations. Compute the value of a MAN in money! Throw dust into the scale against immortality! The law recoiled from such supreme insult and impiety. To have permitted the man-thief to expiate his crime by restoring double, would have been making the repetition of crime its atonement. But the infliction of death for man-stealing exacted the utmost possibility of reparation. It wrung from the guilty wretch as he gave up the ghost, a testimony in blood, and death-groans, to the infinite dignity and worth of man,—a proclamation to the universe, voiced in mortal agony, "MAN IS INVIOLABLE"—a confession shrieked in phrenzy at the grave's mouth—"I die accursed, and God is just."
If God permitted man to hold man as property, why did he punish for stealing that kind of property infinitely more than for stealing any other kind of property? Why did he punish with death for stealing a very little of that sort of property, and make a mere fine, the penalty for stealing a thousand times as much, of any other sort of property—especially if God did by his own act annihilate the difference between man and property, by putting him on a level with it?
The atrociousness of a crime, depends much upon the nature, character, and condition of the victim. To steal is a crime, whoever the thief, or whatever the plunder. To steal bread from a full man, is theft; to steal from a starving man, is both theft and murder. If I steal my neighbor's property, the crime consists not in altering the nature of the article but in shifting its relation from him to me. But when I take my neighbor himself, and first make him property, and then my property, the latter act, which was the sole crime in the former case, dwindles to nothing. The sin in stealing a man, is not the transfer from its owner to another of that which is already property, but the turning of personality into property. True, the attributes of man remain, but the rights and immunities which grow out of them are attributed. It is the first law both of reason and revelation to regard things and beings as they are; and the sum of religion, to feel and act towards them according to their value. Knowingly to treat them otherwise is sin; and the degree of violence done to their nature, religions, and value, measures its guilt. When things are sundered which God has indissolubly joined, or confounded in one, which he has separated by infinite extremes; when sacred and eternal distinctions, which he has garnished with glory, are derided and set at nought, then, if ever, sin reddens to its "scarlet dye." The sin specified in the passage, is that of doing violence to the nature of a man—to his intrinsic value as a rational being, and blotting out the exalted distinction stamped upon him by his Maker. In the verse preceding, and in that which follows, the same principle is laid down. Verse 15, "He that smiteth his father or his mother shall surely be put to death." V. 17, "He that curseth his father or his mother, shall surely be put to death." If a Jew smote his neighbor, the law merely smote him in return; but if the blow was given to a parent, it struck the smiter dead. The parental relation is the centre of human society. God guards it with peculiar care. To violate that, is to violate all. Whoever trampled on that, showed that no relation had any sacredness in his eyes—that he was unfit to move among human relations who had violated one so sacred and tender. Therefore, the Mosaic law uplifted his bleeding corpse, and brandished the ghastly terror around the parental relation to guard it from impious inroads.
Why such a difference in penalties, for the same act? Answer. (1.) The relation violated was obvious—the distinction between parents and others manifest, dictated by natural affection—a law of the constitution. (2.) The act was violence to nature—a suicide on constitutional susceptibilities. (3.) The parental relation then, as now, was the focal point of the social system, and required powerful safeguards. "Honor thy father and thy mother," stands at the head of those commands which prescribe the duties of man to man; and, throughout the Bible, the parental state is God's favorite illustration of his own relations to the whole human family. In this case death was to be inflicted not for smiting a man, but a parent—a distinction cherished by God, and around which, He threw up a bulwark of defence. In the next verse, "He that stealeth a man," &c., the SAME PRINCIPLE is wrought out in still stronger relief. The crime to be punished with death was not the taking of property from its owner, but the doing violence to an immortal nature, blotting out a sacred distinction, making MEN "chattels." The incessant pains taken in the Old Testament to separate human beings from brutes and things, shows God's regard for his own distinction.
"In the beginning" it was uttered in heaven, and proclaimed to the universe as it rose into being. Creation was arrayed at the instant of its birth, to do it homage. It paused in adoration while God ushered forth its crowning work. Why that dread pause and that creating arm held back in mid career and that high conference in the godhead? "Let us make man in OUR IMAGE after OUR LIKENESS, AND LET HIM HAVE DOMINION over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth." Then while every living thing, with land, and sea, and firmament, and marshalled worlds, waited to swell the shout of morning stars—then "GOD CREATED MAN IN HIS OWN IMAGE; IN THE IMAGE OF GOD CREATED HE HIM." This solves the problem, IN THE IMAGE OF GOD, CREATED HE HIM. Well might the sons of God shout, "Amen, alleluia"—For thou hast made him a little lower than the angels, and hast crowned him with glory and honor. Thou madest him to have dominion over the works of thy hands; thou hast put all things under his feet." Ps. viii. 5, 6. The repetition of this distinction is frequent and solemn. In Gen. i. 26-28, it is repeated in various forms. In Gen. v. 1, we find it again, "IN THE LIKENESS OF GOD MADE HE MAN." In Gen. ix. 6, again. After giving license to shed the blood of "every moving thing that liveth," it is added, "Whoso sheddeth man's blood, by man shall his blood be shed, for IN THE IMAGE OF GOD MADE HE MAN." As though it had been said, "All these creatures are your property, designed for your use—they have the likeness of earth, they perish with the using, and their spirits go downward; but this other being, MAN, has my own likeness: "IN THE IMAGE OF GOD made I man;" "an intelligent, moral, immortal agent, invited to all that I can give and he can be." So in Lev. xxiv. 17, 18, 21, "He that killeth any MAN shall surely be put to death; and he that killeth a beast shall make it good, beast for beast; and he that killeth a man shall be put to death." So in Ps. viii. 5, 6, what an enumeration of particulars, each separating infinitely MEN from brutes and things! (1.) "Thou hast made him a little lower than the angels." Slavery drags him down among brutes. (2.) "And hast crowned him with glory and honor." Slavery tears off his crown, and puts on a yoke. (3.) "Thou madest him to have dominion OVER the works of thy hands." Slavery breaks the sceptre, and casts him down among those works—yea beneath them. (4.) "Thou hast put all things under his feet." Slavery puts HIM under the feet of an "owner." Who, but an impious scorner, dares thus strive with his Maker, and mutilate HIS IMAGE, and blaspheme the Holy One, who saith, "Inasmuch as ye did it unto one of the least of these, ye did it unto ME."
In further presenting this inquiry, the Patriarchal and Mosaic systems will be considered together, as each reflects light upon the other, and as many regulations of the latter are mere legal forms of Divine institutions previously existing. As a system, the latter alone is of Divine authority. Whatever were the usages of the patriarchs, God has not made them our exemplarsA.
A: Those who insist that the patriarchs held slaves, and sit with such delight under their shadow, hymning the praises of "those good old patriarchs and slaveholders," might at small cost greatly augment their numbers. A single stanza celebrating patriarchal concubinage, winding off with a chorus in honor of patriarchal drunkenness, would be a trumpet call, summoning from bush and brake, highway and hedge, and sheltering fence, a brotherhood of kindred affinities, each claiming Abraham or Noah as his patron saint, and shouting, "My name is legion." What a myriad choir and thunderous song.
Before entering upon an analysis of the condition of servants under these two states of society, we will consider the import of certain terms which describe the mode of procuring them.
As the Israelites were commanded to "buy" their servants, and as Abraham had servants "bought with money," it is argued that servants were articles of property. The sole ground for this belief is the terms themselves. How much might be saved, if in discussion, the thing to be proved were always assumed. To beg the question in debate, would be vast economy of midnight oil! and a great forestaller of wrinkles and grey hairs! Instead of protracted investigation into Scripture usage, with painful collating of passages, to find the meaning of terms, let every man interpret the oldest book in the world by the usages of his own time and place, and the work is done. And then instead of one revelation, they might be multiplied as the drops of the morning, and every man have an infallible clue to the mind of the Spirit, if he only understood the dialect of his own neighborhood! What a Babel-jargon it would make of the Bible to take it for granted that the sense in which words are now used is the inspired sense, David says, "I prevented the dawning of the morning, and cried." What, stop the earth in its revolution! Two hundred years ago, prevent was used in its strict Latin sense to come before, or anticipate. It is always used in this sense in the Old and New Testaments. David's expression, in the English of the nineteenth century, would be "Before the dawning of the morning I cried." In almost every chapter of the Bible, words are used in a sense now nearly or quite obsolete, and sometimes in a sense totally opposite to their present meaning. A few examples follow: "I purposed to come to you, but was let (hindered) hitherto." "And the four beasts (living ones) fell down and worshipped God,"—"Whosoever shall offend (cause to sin) one of these little ones,"—"Go out into the highways and compel (urge) them to come in,"—"Only let your conversation (habitual conduct) be as becometh the Gospel,"—"They that seek me early (earnestly) shall find me,"—"So when tribulation or persecution ariseth by-and-by (immediately) they are offended." Nothing is more mutable than language. Words, like bodies, are always throwing off some particles and absorbing others. So long as they are mere representatives, elected by the whims of universal suffrage, their meaning will be a perfect volatile, and to cork it up for the next century is an employment sufficiently silly (to speak within bounds) for a modern Bible Dictionary maker. There never was a shallower conceit than that of establishing the sense attached to a word centuries ago, by showing what it means now. Pity that fashionable mantuamakers were not a little quicker at taking hints from some Doctors of Divinity. How easily they might save their pious customers all qualms of conscience about the weekly shiftings of fashion, by proving that the last importation of Parisian indecency now flaunting on promenade, was the very style of dress in which the pious Sarah kneaded cakes for the angels, and the modest Rebecca drew water for the camels of Abraham's servants. Since such fashions are rife in Broadway now, they must have been in Canaan and Padanaram four thousand years ago!
The inference that the word buy, used to describe the procuring of servants, means procuring them as chattels, seems based upon the fallacy, that whatever costs money is money; that whatever or whoever you pay money for, is an article of property, and the fact of your paying for it proves it property. The children of Israel were required to purchase their first-born from under the obligations of the priesthood, Num. xviii. 15, 16; Ex. xiii. 13; xxxiv. 20. This custom still exists among the Jews, and the word buy is still used to describe the transaction. Does this prove that their first-born were, or are, held as property? They were bought as really as were servants. (2.) The Israelites were required to pay money for their own souls. This is called sometimes a ransom, sometimes an atonement. Were their souls therefore marketable commodities? (3.) Bible saints bought their wives. Boaz bought Ruth. "So Ruth the Moabitess, the wife of Mahlon, have I purchased to be my wife." Ruth iv. 10. Hosea bought his wife. "So I bought her to me for fifteen pieces of silver, and for an homer of barley, and an half homer of barley." Hosea iii. 2. Jacob bought his wives Rachael and Leah, and not having money, paid for them in labor—seven years a piece. Gen. xxix. 15-29. Moses probably bought his wife in the same way, and paid for her by his labor, as the servant of her father. Exod. ii. 21. Shechem, when negotiating with Jacob and his sons for Dinah, says, "Ask me never so much dowry and gift, and I will give according as ye shall say unto me." Gen. xxxiv. 11, 12. David purchased Michal, and Othniel, Achsah, by performing perilous services for their fathers. 1 Sam. xviii. 25-27; Judg. i. 12, 13. That the purchase of wives, either with money or by service, was the general practice, is plain from such passages as Ex. xxii. 17, and 1 Sam. xviii. 25. Among the modern Jews this usage exists, though now a mere form, there being no real purchase. Yet among their marriage ceremonies, is one called "marrying by the penny." The coincidences in the methods of procuring wives and servants, in the terms employed in describing the transactions, and in the prices paid for each, are worthy of notice. The highest price of wives (virgins) and servants was the same. Comp. Deut. xxii. 28, 29, and Ex. xxii. 17, with Lev. xxvii. 2-8. The medium price of wives and servants was the same. Comp. Hos. iii. 2, with Ex. xxi. 32. Hosea seems to have paid one half in money and the other half in grain. Further, the Israelitish female bought servants were wives, their husbands and masters being the same persons. Ex. xxi. 8, Judg. xix. 3, 27. If buying servants proves them property, buying wives proves them property. Why not contend that the wives of the ancient fathers of the faithful were their "chattels," and used as ready change at a pinch; and thence deduce the rights of modern husbands? Alas! Patriarchs and prophets are followed afar off! When will pious husbands live up to their Bible privileges, and become partakers with Old Testament worthies in the blessedness of a husband's rightful immunities! Refusing so to do, is questioning the morality of those "good old patriarchs and slaveholders, Abraham, Isaac, and Jacob."
This use of the word buy, is not peculiar to the Hebrew. In the Syriac, the common expression for "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 word translated buy, is, like other words, modified by the nature of the subject to which it is applied. Eve said, "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," (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 reduced to servitude, but to those taken out of it. Prov. 8. 22. "The Lord possessed (bought) me in the beginning of his way." Prov. xix. 8. "He that getteth (buyeth) wisdom loveth his own soul." Finally, to buy is a secondary meaning of the Hebrew word Kānā.