The Anti-Slavery Examiner, Part 1 of 4 · Chapter 24V. —Were Masters the Proprietors of Servants As Their Legal Property?
This chapter is not translated yet. You are reading the original.
The discussion of this topic has been already somewhat anticipated under the preceding heads; but a variety of considerations, not within the range of our previous inquiries, remain to be noticed.
1. Servants were not subjected to the uses, nor liable to the contingencies of property.
(1.) They were never taken in payment for their masters' debts, though children were sometimes taken (without legal authority) for the debts of a father. 2 Kings iv. 1; Job xxiv. 9; Isaiah l. 1; Matt. xviii. 25.
Cases are recorded to which creditors took from debtors property of all kinds, to satisfy their demands. In Job xxiv. 3, cattle are taken; in Prov. xxii 27, household furniture; in Lev. xxv. 25-28, the productions of the soil; in Lev. xxv. 27-30, houses; in Exodus xxii. 26-29, and Deut. xxiv. 10-13, and Matt. v. 40, clothing; but servants were taken in no instance.
(2.) Servants were never given as pledges. Property of all sorts was given and held in pledge. We find in the Bible, household furniture, clothing, cattle, money, signets, and personal ornaments, with divers other articles of property, used as pledges for value received. But no servants.
(3.) All lost PROPERTY was to be restored. "Oxen, asses, sheep, raiment, and whatsoever lost things," are specified—servant not. Deut. xxii. 13. Besides, the Israelites were expressly forbidden to take back the runaway servant to his master. Deut. xxiii. 15.
(4.) The Israelites never gave away their servants as presents. They made princely presents of great variety. Lands, houses, all kinds of animals, merchandize, family utensils, precious metals, and grain, armor, &c. are among their recorded gifts. Giving presents to superiors and persons of rank when visiting them, and at other times, was a standing usage. 1 Sam. x. 27; 1 Sam. xvi. 20; 2 Chron. xvii. 5. Abraham to Abimelech, Gen. xxi. 27; Jacob to the viceroy of Egypt. Gen. xliii. 11; Joseph to his brethren and father, Gen. xlv. 22, 23; Benhadad to Elisha, 2 Kings viii. 8, 9; Ahaz to Tiglath Pileser, 2 Kings xvi. 8; Solomon to the Queen of Sheba, 1 Kings, x. 13; Jeroboam to Ahijah, 1 Kings xiv. 3; Asa to Benhadad, 1 Kings xv. 18, 19. But no servants were given as presents—though that was a prevailing fashion in the surrounding nations. Gen. xii. 16; Gen. xx. 14.
OBJECTION 1. Laban GAVE handmaids to his daughters, Jacob's wives. Without enlarging on the nature of the polygamy then prevalent, it is enough to say that the handmaids of wives, at that time, were themselves regarded as wives, though of inferior dignity and authority. That Jacob so regarded his handmaids, is proved by his curse upon Reuben, (Gen. xlix. 4, and Chron. v. 1) also by the equality of their children with those of Rachel and Leah. But had it been otherwise—had Laban given them as articles of property, then, indeed, the example of this "good old patriarch and slaveholder," Saint Laban, would have been a fore-closer to all argument.
Ah! We remember his jealousy for religion—his holy indignation when he found that his "GODS" were stolen! How he mustered his clan, and plunged over the desert in hot pursuit, seven days, by forced marches; how he ransacked a whole caravan, sifting the contents of every tent, little heeding such small matters as domestic privacy, or female seclusion, for lo! the zeal of his "IMAGES" had eaten him up!
No wonder that slavery, in its Bible-navigation, drifting dismantled before the free gusts, should scud under the lee of such a pious worthy to haul up and refit; invoking his protection, and the benediction of his "GODS!"
OBJECTION 2. Servants were enumerated in inventories of property. If that proves servants property, it proves wives property. "Thou shalt not covet thy neighbor's house, thou shalt not covet thy neighbor's WIFE, nor his man servant, nor his maid-servant, nor his ox, nor his ass, nor any thing that is thy neighbor's" EXODUS xx. 17. An examination of all the places in which servants are included among beasts, chattels, &c., will show, that in inventories of mere property, servants are not included, or if included, it is in such a way, as to show that they are not regarded as property. Eccl. ii. 7, 8. But when the design is to show, not merely the wealth but the greatness of any personage, that he is a man of distinction, a ruler, a prince, servants are spoken of, as well as property. In a word, if riches alone are spoken of, no mention is made of servants; if greatness, servants and property. Gen. xiii. 2. "And Abraham was very rich in cattle, in silver and in gold." No mention of servants. So in the fifth verse; Lot's riches are enumerated, "And Lot also had flocks, and herds, and tents." In the seventh verse servants are mentioned, "And there was a strife between the HERDMEN of Abraham's cattle and the HERDMEN of Lot's cattle". See also Josh. xxii. 8; Gen. xxxiv. 23; Job. xlii. 12; 2 Chron. xxi. 3; xxxii. 27-29; Job 1. 3-5; Deut. viii. 12-17; Gen. xxiv. 35, and xxvi. 13, and xxx. 43.
Divers facts dropped incidentally, show that when servants are mentioned in connection with property, it is in such a way as to distinguish them from it. When Jacob was about to leave Laban, his wives say, "All the riches which thou hast taken from our father, that is ours and our children's." Then follows an inventory of property. "All his cattle," "all his goods," "the cattle of his getting," &c. He had a large number of servants at the time, but they are not included with his property. Compare Gen. xxx. 43, with Gen. xxxi. 16-18.
When he sent messengers to Esau, in order to secure his respect, and impress him with an idea of his state and sway, he bade them tell him not only of his RICHES, but of his GREATNESS; that Jacob had "oxen, and asses, and flocks, and men servants, and maid servants." Gen. xxxii. 4, 5. Yet in the present which he sent, there were no servants; though he seems to have aimed to give it as much variety as possible. Gen. xxxii. 14, 15; see also Gen. xxxvi. 6, 7; Gen. xxxiv. 23. As flocks and herds were the staples of wealth, a large number of servants presupposed large possessions of cattle, which would require many herdsmen. Further. When servants are spoken of in connection with mere property, the terms used to express the latter do not include the former.
The Hebrew word Mickna is an illustration. It is a derivative of Kana, to procure, to buy, and its meaning is, a possession, wealth, riches. It occurs more than forty times in the Old Testament—and is applied always to mere property—generally to domestic animals, but never to servants. In some instances, servants are mentioned in distinction from the Mickna. See Gen. xii. 5. "And Abraham took Sarah his wife, and Lot his brother's son. And all their SUBSTANCE that they had gathered, and the souls that they had gotten in Haran, and they went forth to go into the land of Canaan." Substance gathered and souls gotten! Many will have it, that these souls were a part of Abraham's substance (notwithstanding the pains here taken to separate them from it)—that they were slaves—probably captives in war, and now, by right of conquest, taken with him in his migration as part of his family effects. Who but slaveholders, either actually, or in heart, would torture into the principle and practice of slavery, such a harmless phrase as "the souls that they had gotten?" Until the slave trade breathed its haze upon the vision of the church, and smote her with palsy and decay, commentators saw no slavery in, "The souls that they had gotten." In the Targum of OnkelosA it is thus rendered, "The souls whom they had brought to obey the law in Haran." In the Targum of Jonathan, thus: "The souls whom they had made proselytes in Haran." In the Targum of Jerusalem, "The souls proselyted in Haran." Jarchi, placed by Jewish Rabbis at the head of their commentators, thus renders it: "The souls whom they had brought under the Divine wings." Jerome, one of the most learned of the Christian fathers: "The persons whom they had proselyted." The Persian version thus gives the whole verse, "And Abraham took Sarah his wife, and Lot his brother's son, and all their wealth which they had accumulated, and the souls which they had made." The Vulgate version thus translates it, "Universam substantiam quam possederant et animas quas fecerant in Haran." "The entire wealth which they possessed, and the souls which they had made." The Syriac thus, "All their possessions which they possessed, and the souls which they had made in Haran." The Arabic, "All their property which they had acquired, and the souls whom they had made in Haran." The Samarian, "All the wealth which they had gathered, and the souls which they had made in Haran." Menochius, a commentator who wrote before our present translation of the English Bible, renders it as follows:—"Quas de idolotraria converteruntB." "Those whom they have converted from idolatry."—Paulus FagiusC. "Quas instituerant in religione."—"Those whom they had instructed in religion."—Luke Franke, a German commentator who lived two centuries ago. "Quas legi subjicerant."—"Those whom they had brought to obey the law."
A: The Targums are Chaldee paraphrases of parts of the Old Testament. The Targum of Onkelos is for the most part, a very accurate and faithful translation of the original, and was probably made at about the commencement of the Christian era. The Targum of Jonathan Ben Uzziel bears about the same date. The Targum of Jerusalem was probably about five hundred years later.
The Israelites, during their long captivity in Babylon, lost as a body, their knowledge of their own language. These translations of the Hebrew Scriptures into the Chaldee, the language which they acquired in Babylon, were thus called for by the necessity of the case.
B: See his "Brevis explicatio sensus literalis totius Scripture."
C: This eminent Hebrew scholar was invited to England by Cranmer, then Archbishop of Canterbury, to superintend the translation of the Bible into English, under the patronage of Henry the Eighth. He had hardly commenced the work when he died. This was nearly a century before the date of our present translation.
2. The condition of servants in their masters' families, the privileges which they shared in common with the children, and their recognition as equals by the highest officers of the government—make the doctrine that they were mere COMMODITIES, an absurdity. The testimony of Paul, in Gal. iv. 1, gives an insight into the condition of servants. "Now I say unto you, that the heir, so long as he is a child, DIFFERETH NOTHING FROM A SERVANT, though he be lord of all."
That Abraham's servants were voluntary,—that their interests were identified with those of their master's family—that they were regarded with great affection by the household, and that the utmost confidence was reposed in them, is shown in the arming of 318 of them for the recovery of Lot and his family from captivity. See Gen. xiv. 14, 15.
When Abraham's servant went to Padanaram, the young Princess Rebekah did not disdain to say to him, "Drink, MY Lord," as "she hasted and let down her pitcher upon her hand, and gave him drink," and "she hasted and emptied her pitcher, and ran again unto the well, and drew for all his camels." Laban, the brother of Rebekah, prepared the house for his reception, "ungirded his camels, and brought him water to wash his feet, and the men's feet that were with him!"
In the 9th chapter of 1 Samuel, we have an account of a high festival in the city of Zuph, at which Samuel, the chief judge and ruler in Israel, presided. None sat down at the feast but those that were bidden. And only "about thirty persons" were invited. Quite a select party!—the elite of the city of Zuph! Saul and his servant arrived at Zuph just as the party was assembling; and both of them, at Samuel's solicitation, accompany him as invited guests. "And Samuel took Saul and his SERVANT, and brought THEM into the PARLOR(!) and made THEM sit in the CHIEFEST SEATS among those that were bidden." A servant invited by the chief judge, ruler, and prophet in Israel, to dine publicly with a select party, in company with his master, who was at the same time anointed King of Israel; and this servant introduced by Samuel into the PARLOR, and assigned, with his master, to the chiefest seat at the table! This was "one of the servants" of Kish, Saul's father; not the steward or the chief of them—not at all a picked man, but "one of the servants;" any one that could be most easily spared, as no endowments specially rare would be likely to find scope in looking after asses.
Again: we learn from 1 Kings xvi. 8, 9, that Elah, the King of Israel, was slain by Zimri, one of his chief officers, at a festive entertainment, in the house of Arza, his steward, or head servant, with whom he seems to have been on terms of familiarity. Without detailing other cases, we refer the reader to the intercourse between Gideon and his servant.—Judges vii. 10, 11.—Jonathan and his servant.—1 Samuel xiv. 1-14.—Elisha and his servant.
3. The condition of the Gibeonites, as subjects of the Hebrew commonwealth, shows that they were neither articles of property, nor even INVOLUNTARY servants. The condition of the inhabitants of Gibeon, Chephirah, Beeroth, and Kirjathjearim, under the Israelites, is quoted in triumph by the advocates of slavery; and truly they are right welcome to all the crumbs that can be gleaned from it. Milton's devils made desperate snatches at fruit that turned to ashes on their lips. The spirit of slavery raves under tormenting gnawings, and casts about in blind phrenzy for something to ease, or even to mock them. But for this, it would never have clutched at the Gibeonites, for even the incantations of the demon cauldron, could not extract from their case enough to tantalize starvation's self. But to the question. What was the condition of the Gibeonites under the Israelites?
(1.) It was voluntary. It was their own proposition to Joshua to become servants. Joshua ix. 8, 11. Their proposition was accepted, but the kind of service which they should perform, was not specified until their gross imposition came to light; they were then assigned to menial offices in the tabernacle.
(2.) They were not domestic servants in the families of the Israelites. They still continued to reside in their own cities, cultivating their own fields, tending their flocks and herds, and exercising the functions of a distinct, though not independent community. They were subject to the Jewish nation as tributaries. So far from being distributed among the Israelites, their family relations broken up, and their internal organization as a distinct people abolished, they seem to have remained a separate, and, in some respects, an independent community for many centuries. When they were attacked by the Amorites, they applied to the Israelites as confederates for aid—it was promptly rendered, their enemies routed, and themselves left unmolested in the occupation of their cities, while all Israel returned to Gilgal. Joshua x. 6-18. Long afterwards, Saul slew some of them, and God sent upon Israel a three years' famine for it. David said to the Gibeonites, "What shall I do for you, and wherewith shall I make the atonement, that ye may bless the inheritance of the Lord?" At their demand, he delivered up to them, seven of the royal family, five of them the sons of Michal, his own former wife. 2 Samuel xxi. 1-9. The whole transaction was a formal recognition of the Gibeonites as a separate people. There is no intimation that they served families, or individuals of the Israelites, but only the "house of God," or the Tabernacle. This was established first at Gilgal, a day's journey from the cities of the Gibeonites; and then at Shiloh, nearly two days' journey from them; where it continued about 350 years. During all this period, the Gibeonites inhabited their ancient cities and territory. Only a few, comparatively, could have been absent from their cities at any one time in attendance on the tabernacle.
(1.) Whenever allusion is made to them in the history, the main body are spoken of as at home.
(2.) It is preposterous to suppose that their tabernacle services could have furnished employment for all the inhabitants of these four cities. One of them "was a great city, as one of the royal cities;" so large, that a confederacy of five kings, apparently the most powerful in the land, was deemed necessary for its destruction. It is probable that the men were divided into classes, and thus ministered at the tabernacle in rotation—each class a few days or weeks at a time. This service was their national tribute to the Israelites, rendered for the privilege of residence and protection under their government. No service seems to have been required of the females. As these Gibeonites were Canaanites, and as they had greatly exasperated the Israelites by impudent imposition, hypocrisy, and lying, we might assuredly expect that they would reduce them to the condition of chattels and property, if there was any case in which God permitted them to do so.
7. Because, throughout the Mosaic system, God warns them against holding their servants in such a condition as they were held in by the Egyptians. How often are the Israelites pointed back to the grindings of their prison-house! What motives to the exercise of justice and kindness towards their servants, are held out to their fears in threatened judgements; to their hopes in promised good; and to all within them that could feel, by those oft repeated words of tenderness and terror! "For ye were bondmen in the land of Egypt"—waking anew the memory of tears and anguish, and of the wrath that avenged them.
That the argument derived from the condition of the Israelites in Egypt, and God's condemnation of it, may be appreciated, it is important that the Egyptian bondage should be analyzed. We shall then be able to ascertain, of what rights the Israelites were plundered, and what they retained.
EGYPTIAN BONDAGE ANALYZED. (1.) The Israelites were not dispersed among the families of Egypt, the property of individual ownersA. They formed a separate community. See Gen. xlvi. 35. Ex. viii. 22, 24, and ix. 26, and x. 23, and xi. 7, and ii. 9, and xvi. 22, and xvii. 5.
A: The Egyptians evidently had domestic servants living in their families; these may have been slaves; allusion is made to them in Exodus ix. 14, 20, 21. But none of the Israelites were included in this class.
(2.) They had the exclusive possession of the land of GoshenB, one of the richest and most productive parts of Egypt. Gen. xlv. 18, and xlvii. 6, 11, 27. Ex. xii. 4, 19, 22, 23, 27.
B: The land of Goshen was a large tract of country, east of the Pelusian arm of the Nile, and between it and the head of the Red Sea, and the lower border of Palestine. The probable centre of that portion, occupied by the Israelites, could hardly, have been less than 60 miles from the city. From the best authorities it would seem that the extreme western boundary of Goshen must have been many miles distant from Egypt. See "Exodus of the Israelites out of Egypt," an able article by Professor Robinson, in the Biblical Repository for October, 1832.
(3.) They lived in permanent dwellings. These were houses, not tents. In Ex. xii. 6, the two side posts, and the upper door posts of the houses are mentioned, and in the 22d, the two side posts and the lintel. Each family seems to have occupied a house by itself—Acts vii. 20, Ex. xii. 4—and from the regulation about the eating of the Passover, they could hardly have been small ones—Ex. xii. 4—and probably contained separate apartments, and places for seclusion. Ex. ii. 2, 3; Acts vii. 20. They appear to have been well apparelled. Ex. xii. 11. To have had their own burial grounds. Ex. xiii. 19, and xiv. 11.
(4.) They owned "a mixed multitude of flocks and herds," and "very much cattle." Ex. xii. 32, 37, 38.
(5.) They had their own form of government, and preserved their tribe and family divisions, and their internal organization throughout, though still a province of Egypt, and tributary to it. Ex. ii. 1, and xii. 19, 21, and vi. 14, 25, and v. 19, and iii. 16, 18.
(6.) They seem to have had in a considerable measure, the disposal of their own time,—Ex. xxiii. 4, and iii. 16, 18, and xii. 6, and ii. 9, and iv. 27, 29-31. Also to have practised the fine arts. Ex. xxxii. 4, and xxxv. 32-35.
(7.) They were all armed. Ex. xxxii. 27.
(8.) All the females seem to have known something of domestic refinements; they were familiar with instruments of music, and skilled in the working of fine fabrics. Ex. xv. 20, and 35, 36.
(9.) They held their possessions independently, and the Egyptians seem to have regarded them as inviolable. This we infer from the fact that there is no intimation that the Egyptians dispossessed them of their habitations, or took away their flocks, or herds, or crops, or implements of agriculture, or any article of property.
(10.) Service seems to have been exacted from none but adult males. Nothing is said from which the bond service of females could be inferred; the hiding of Moses three months by his mother, and the payment of wages to her by Pharaoh's daughter, go against such a supposition. Ex. ii. 29.
(11.) So far from being fed upon a given allowance, their food was abundant, and had great variety. "They sat by the flesh-pots," and "did eat bread to the full." Ex. xvi. 3, and xxiv. 1, and xvii. 5, and iv. 29, and vi. 14. Also, "they did eat fish freely, and cucumbers, and melons, and leeks, and onions, and garlic." Num. xi. 4, 5, and x. 18, and xx. 5.
(12.) That the great body of the people were not in the service of the Egyptians, we infer (1) from the fact, that the extent and variety of their own possessions, together with such a cultivation of their crops as would provide them with bread, and such care of their immense flocks and herds, as would secure their profitable increase, must have furnished constant employment for the main body of the nation.
(2.) During the plague of darkness, God informs us that "ALL the children of Israel had light in their dwellings." We infer that they were there to enjoy it.
(3.) It seems improbable that the making of brick, the only service named during the latter part of their sojourn in Egypt, could have furnished permanent employment for the bulk of the nation. See also Ex. iv. 29-31.
Besides, when Eastern nations employed tributaries, it was, as now, in the use of the levy, requiring them to furnish a given quota, drafted off periodically, so that comparatively but a small portion of the nation would be absent at any one time.
Probably there was the same requisition upon the Israelites for one-fifth part of the proceeds of their labor, that was laid upon the Egyptians. See Gen. xlvii. 24, 26. Instead of taking it out of their crops, (Goshen being better for pasturage than crops) they exacted it of them in brick making; and it is quite probable that only the poorer Israelites were required to work for the Egyptians at all, the wealthier being able to pay their tribute, in money. See Exod. iv. 27-31.
This was the bondage in Egypt. Contrast it with American slavery. Have our slaves "very much cattle," and "a mixed multitude of flocks and herds?" Do they live in commodious houses of their own? Do they "sit by the flesh-pots," "eat fish freely," and "eat bread to the full?" Do they live in a separate community, at a distance from their masters, in their distinct tribes, under their own rulers and officers? Have they the exclusive occupation of an extensive and fertile tract of country for the culture of their own crops, and for rearing immense herds of their own cattle—and all these held independently of their masters, and regarded by them as inviolable? Are our female slaves free from all exactions of labor and liabilities of outrage?—and whenever employed, are they paid wages, as was the Israelitish woman, when employed by the king's daughter? Exod. ii. 9. Have the females entirely, and the males to a considerable extent, the disposal of their own time? Have they the means for cultivating social refinements, for practising the fine arts, and for intellectual and moral improvement?
THE ISRAELITES, UNDER THE BONDAGE OF EGYPT, ENJOYED ALL THESE RIGHTS AND PRIVILEGES. True, "their lives were made bitter, and all the service wherein they made them serve was with rigor." But what was that, when compared with the incessant toil of American slaves, the robbery of all their time and earnings, and even the "power to own any thing, or acquire any thing"—the "quart of corn a day," the legal allowance of foodA!—their only clothing for one half the year, "one shirt and one pair of pantaloonsB!"—the two hours and a half only for rest and refreshment in the twenty-fourC!—their dwellings, hovels, unfit for human residence, commonly with but one apartment, where both sexes and all ages herd promiscuously at night, like the beasts of the field. Add to this, the mental ignorance, and moral degradation; the daily separations of kindred, the revelries of lust, the lacerations and baptisms of blood, sanctioned by the laws of the South, and patronized by its pubic sentiment. What, we ask, was the bondage of Egypt when compared with this? And yet for her oppression of the poor, God smote her with plagues, and trampled her as the mire, till she passed away in his wrath, and the place that knew her in her pride, knew her no more. Ah! "I have seen the afflictions of my people, and I have heard their groanings, and am come down to deliver them." HE DID COME, and Egypt sank, a ruinous heap, and her blood closed over her.
A: The law of North Carolina. See Haywood's Manual, 524-5
B: The law of Louisiana. See Martin's Digest, 610.
C: The whole amount of time secured by the law of Louisiana. See Act of July 7, 1806. Martin's Digest, 610-12
If such was God's retribution for the oppression of heathen Egypt, of how much sorer punishment shall a Christian people be thought worthy, who cloak with religion, a system, in comparison with which the bondage of Egypt dwindles to nothing?
Let those believe who can, that God gave his people permission to hold human beings, robbed of all their rights, while he threatened them with wrath to the uttermost, if they practised the far lighter oppression of Egypt—which robbed its victims of only the least and cheapest of their rights, and left the females unplundered even of these. What! Is God divided against himself? When he had just turned Egypt into a funeral pile; while his curse yet blazed upon her unburied dead, and his bolts still hissed amidst her slaughter, and the smoke of her torment went upwards because she had "ROBBED THE POOR," did He license the VICTIMS of robbery to rob the poor of ALL? As Lawgiver, did he create a system tenfold more grinding than that, for which he had just hurled Pharaoh headlong, and cloven down his princes, and overwhelmed his hosts, and blasted them with His thunder, till "hell was moved to meet them at their coming?"
Having touched upon the general topics which we design to include in this inquiry, we proceed to examine various Scripture facts and passages, which will doubtless be set in array against the foregoing conclusions.