The Anti-Slavery Examiner, Omnibus · Chapter 31Part 31
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"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.
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 escapes 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 towards 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, merely "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 only, 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 shalt 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, and shall not be tolerated."A
A: Perhaps it may be objected that this view of Deut. xxiii. 15, 16, makes nonsense of Ex. xxi. 27, which provides that if a man strikes out his servant's tooth he shall let him go free. Small favor indeed if the servant might set himself free whenever he pleased! Answer—The former passage might remove the servant from the master's authority, without annulling the master's legal claims upon the servant, if he had paid him in advance and had not received from him an equivalent, and this equally, whether his master were a Jew or a Gentile. The latter passage, "He shall let him go free for his tooth's sake," not only freed the servant from the master's authority, but also from any pecuniary claim which the master might have on account of having paid his wages in advance; and this as a compensation, for the loss of a tooth.
III. THE SERVANTS HAD 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 hilltops, 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 handcuffed 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." Meanwhile, what became of the sturdy handmaids left at home? What hindered them from stalking 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. WILFUL NEGLECT OF CEREMONIAL RITES DISSOLVED THE RELATION.
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 leavened bread during the Passover, or compounded the ingredients of the anointing oil, or had touched a dead body, a bone, or a grave, or in any way had contracted ceremonial uncleanness, and refused to be cleansed with the "water of separation," they would have been "cut off from the people;" excommunicated. Ex. xii. 19; xxx. 33; Num. xix. 16.
V. SERVANTS OF THE PATRIARCHS NECESSARILY VOLUNTARY.
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 did Abraham and Sarah contrive to hold fast so many thousand servants against their wills? 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 gentlemen-kidnappers, suing for his patronage, volunteering to howl on their track, boasting their blood-hound scent, and pledging their honour to hunt down and deliver up, provided they had a description of the "flesh-marks," and were suitably stimulated by pieces of silver.A 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.
A: The following is a standing newspaper advertisement of one of these professional man-catchers, a member of the New York bar, who coolly plies his trade in the commercial emporium, sustained by the complacent greetings and courtesies of "HONORABLE MEN!"
"IMPORTANT TO THE SOUTH.—F.H. Pettis, native of Orange County, Va., being located in the city of New York, in the practice of law, announces to his friends and the public in general, that he has been engaged as Counsel and Adviser in General for a party whose business it is in the northern cities to arrest and secure runaway slaves. He has been thus engaged for several years, and as the act of Congress alone governs now in this city, in business of this sort, which renders it easy for the recovery of such property, he invites post paid communications to him, inclosing a fee of $20 in each case, and a power of Attorney minutely descriptive of the party absconded, and if in the northern region, he, or she will soon be had.
"Mr. Pettis will attend promptly to all law business confided to him.
"N.B. New York City is estimated to contain 5,000 Runaway Slaves.
"PETTIS."
Probably Job had even more servants than Abraham. See Job. i. 3, 14-19, and xlii. 12. That his thousands of servants staid with him entirely of their own accord, is proved by the fact of their staying with him. Suppose they had wished to quit his service, and so the whole army had filed off before him in full retreat, how could the patriarch have brought them to halt? Doubtless with his wife, seven sons, and three daughters for allies, he would have soon out-flanked the fugitive host and dragged each of them back to his wonted chain and staple.
But the impossibility of Job's servants being held against their wills, is not the only proof of their voluntary condition. We have his own explicit testimony that he had not "withheld from the poor their desire." Job. xxxi. 16. Of course he could hardly have made them live with him, and forced them to work for him against their desire.
When Isaac sojourned in the country of the Philistines he "had great store of servants." And we have his testimony that the Philistines hated him, added to that of inspiration that they "envied" him. Of course they would hardly volunteer to organize patroles and committees of vigilance to keep his servants from running away, and to drive back all who were found beyond the limits of his plantation without a "pass!" If the thousands of Isaac's servants were held against their wills, who held them?
The servants of the Jews, during the building of the wall of Jerusalem, under Nehemiah, may be included under this head. That they remained with their masters of their own accord, we argue from the fact, that the circumstances of the Jews made it impossible for them to compel their residence and service. They were few in number, without resources, defensive fortifications, or munitions of war, and surrounded withal by a host of foes, scoffing at their feebleness and inviting desertion from their ranks. Yet so far from the Jews attempting in any way to restrain their servants, or resorting to precautions to prevent escape, they put arms into their hands, and enrolled them as a night-guard, for the defence of the city. By cheerfully engaging in this service and in labor by day, when with entire ease they might all have left their masters, marched over to the enemy, and been received with shoutings, the servants testified that their condition was one of their own choice, and that they regarded their own interests as inseparably identified with those of their masters. Neh. iv. 23.
VI. NO INSTANCES OF ISRAELITISH MASTERS SELLING SERVANTS. Neither Abraham nor Isaac seem ever to have sold one, though they had "great store of servants." Jacob was himself a servant in the family of Laban twenty-one years. He had afterward a large number of servants. Joseph invited him to come into Egypt, and to bring all that he had with him—"thou and thy children, and thy children's children, and thy flocks and thy herds, and ALL THAT THOU HAST." Gen. xlv. 10. Jacob took his flocks and herds but no servants. Yet we are told that Jacob "took his journey with all that he had." Gen. xlvi. 1. And after his arrival in Egypt, Joseph said to Pharaoh "my father, and my brethren, and their flocks, and their herds and all that they have, are come." Gen. xlvii. 1. The 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. 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 quite another thing to have a right to buy him of another man.A
A: There is no evidence that masters had the power to dispose of 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
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 to be his wife, for the money of her purchase is the money of her espousal."
VII. VOLUNTARY SERVANTS FROM THE STRANGERS.
We infer that all the servants from the Strangers were voluntary in becoming such, since we have direct testimony that some of them were so. "Thou shalt not oppress an hired servant that is poor and needy, whether he be of thy brethren, OR OF THY STRANGERS that are in thy land within thy gates." Deut. xxiv. 14. We learn from this that some of the servants, which the Israelites obtained from the strangers were procured by presenting the inducement of wages to their free choice, thus recognizing their right to sell their services to others, or not, at their own pleasure. Did the Israelites, when they went among the heathen to procure servants, take money in one hand and ropes in the other? Did they ask one man to engage in their service, and drag along with them the next that they met, in spite of his struggles. Did they knock for admission at one door and break down the next? Did they go through one village with friendly salutations and respectful demeanor, and with the air of those soliciting favors, offer wages to the inhabitants as an inducement to engage in their service—while they sent on their agents to prowl through the next, with a kidnapping posse at their heels, to tear from their homes as many as they could get within their clutches?
VIII. HEBREW SERVANTS VOLUNTARY.
We infer that the Hebrew servant was voluntary in COMMENCING his service, because he was preeminently so IN CONTINUING it. If, at the year of release, it was the servant's choice to remain with his master, the 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.
IX. THE MANNER OF PROCURING SERVANTS, AN APPEAL TO 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 themA—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.
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.
X. INCIDENTAL CORROBORATIVES. 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?" Isa. xiv. 1, 2 is also an illustration. "The strangers shall be joined with them (the Israelites) and they shall CLEAVE to the house of Jacob, and the house of Israel shall possess them in the land of the Lord, for servants and handmaids."
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, "There is not aught left but our bodies and our lands; buy us;" then in the 25th verse, "We will be Pharaoh's servants." To these it may be added, that the sacrifices and offerings which ALL were required to present, were to be made VOLUNTARILY. Lev. i. 2. 3.
The pertinence and point of our Lord's declaration in Luke xvi. 13, is destroyed on the supposition that servants did not become such by their own choice. "No servant can serve two masters: for either he will hate the one and love the other, or else he will hold to the one and despise the other." Let it be kept in mind, that our Lord was a Jew. The lost sheep of the house of Israel were his flock. Wherever he went, they were around him: whenever he spake, they were his auditors. His public preaching and his private teaching and conversation, were full of references to their own institutions, laws and usages, and of illustrations drawn from them. In the verse quoted, he illustrates the impossibility of their making choice of God as their portion, and becoming his servants, while they chose the world, and were its servants. To make this clear, he refers to one of their own institutions, that of domestic service, with which, in all its relations, incidents and usages, they were perfectly familiar. He reminds them of the well-known impossibility of any person being the servant of two masters, and declares the sole ground of that impossibility to be, the fact that the servant chooses the service of the one, and spurns that of the other. "He shall hold to the one and despise (reject) the other." As though our Lord had said, "No one can become the servant of another, when his will revolts from his service, and when the conditions of it tend to make him hate the man." Since the fact that the servant spurns one of two masters, makes it impossible for him to serve that one, if he spurned both it would make it impossible for him to serve either. So, also, if the fact that an individual did not "hold to" or choose the service of another, proves that he could not become his servant, then the question, whether or not he should become the servant of another was suspended on his own will. Further, the phraseology of the passage shows that the choice of the servant decided the question. "He will HOLD TO the one,"—hence there is no difficulty in the way of his serving him; but "no servant can serve" a master whom he does not "hold to," or cleave to, whose service he does not choose. This is the sole ground of the impossibility asserted by our Lord.
The last clause of the verse furnishes an application of the principle asserted in the former part, "Ye cannot serve God and mammon." Now in what does the impossibility of serving both God and the world consist? Solely in the fact that the will which chooses the one refuses the other, and the affections which "hold to" the one, reject the other. Thus the question, Which of the two is to be served, is suspended alone upon the choice of the individual.
XI. 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. Since rich strangers did not become servants to the Israelites, we infer that those who did, became such not because they were strangers, but because they were poor,—not because, on account of their being heathen, they were compelled by force to become servants, but because, on account of their poverty, they chose to become servants to better their condition.
XII. INSTANCES OF VOLUNTARY SERVANTS. Mention is often made of persons becoming servants who were manifestly VOLUNTARY. As the Prophet Elisha. 1 Kings xix. 21; 2 Kings iii. 11. Elijah was his master. 2 Kings ii. 5. 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; iv. 10. Joshua was the servant of Moses. Ex. xxxiii. 11. Num. xi. 28. Jacob was the servant of Laban. Gen. xxix. 18-27. See also the case of the Gibeonites who voluntarily became servants to the Israelites and afterwards performed service for the "house of God" throughout the subsequent Jewish history, were incorporate with the Israelites, registered in the genealogies, and manifestly of their own accord remained with them, and "clave" to them. Neh. x. 28, 29; xi. 3; Ez. vii. 7.
Finally, in all the regulations respecting servants and their service, no form of expression is employed from which it could be inferred, that servants were made such, and held in that condition by force. Add to this the entire absence of all the machinery, appurtenances and incidents of compulsion.
Voluntary service on the part of servants would have been in keeping with regulations which abounded in the Mosaic system and sustained by a multitude of analogies. Compulsory service on the other hand, could have harmonized with nothing, and would have been the solitary disturbing force, marring its design, counteracting its tendencies, and confusing and falsifying its types. The directions given to regulate the performance of service for the public, lay great stress on the willingness of those employed to perform it. For the spirit and usages that obtained under the Mosaic system in this respect, see 1 Chron. xxviii. 21; Ex. xxxv. 5, 21, 22, 29; 1 Chron. xxix. 5, 6, 9, 14, 17; Ex. xxv. 2; Judges v. 2; Lev. xxii. 29; 2 Chron. xxxv. 8; Ezra i. 6; Ex. xxxv; Neh. xi. 2.A
A: We should naturally infer that the directions which regulated the rendering of service to individuals, would proceed upon the same principle in this respect with those which regulated the rendering of service to the public. Otherwise the Mosaic system, instead of constituting in its different parts a harmonious whole, would be divided against itself; its principles counteracting and nullifying each other.
Again, the voluntariness of servants is a natural inference from the fact that the Hebrew word ebēdh, uniformly rendered servant, is applied to a great variety of classes and descriptions of persons under the patriarchal and Jewish dispensations, all of whom were voluntary and most of them eminently so. For instance, it is applied to persons rendering acts of worship about seventy times, whereas it is applied to servants not more than half that number of times.
To this we may add, that the illustrations drawn from the condition and service of servants and the ideas which the term servant is employed to convey when applied figuratively to moral subjects would, in most instances, lose all their force, and often become absurdities if the will of the servant resisted his service, and he performed it only by compulsion. Many passages will at once occur to those who are familiar with the Bible. We give a single example. "To whom YE YIELD YOURSELVES servants to obey, his servants ye are to whom ye obey." Rom. vi. 16. It would hardly be possible to assert the voluntariness of servants more strongly in a direct proposition than it is here asserted by implication.
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.
1. BECAUSE GOD REBUKED THE USING OF SERVICE 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. The Hebrew word reā, translated neighbor, means 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 a man come presumptuously upon his NEIGHBOR to slay him with guile." Ex. xxi. 14, &c. The doctrine plainly inculcated in this passage is, that every man's labor, or "service," being his own property, he is entitled to the profit of it, and that for another to "use" it without paying him the value of it, is "unrighteousness." The last clause of the verse "and giveth him not for his work," reaffirms the same principle, that every man is to be paid for "his work." In the context, the prophet contrasts the unrighteousness of those who used the labor of others without pay, with the justice and equity practiced by their patriarchal ancestor toward the poor. "Did not thy father eat and drink and do judgment and justice, and then it was well with him. He judged the cause of the poor and needy; then it was well with him. But thine eyes and thine heart are not but for thy covetousness, and for to shed innocent blood, and for oppression, and for violence to do it." Jer. xxii. 15, 16. 17.A