The Anti-Slavery Examiner, Part 1 of 4 · Chapter 27Objections Considered. (3)
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A: These two latter classes are evidently referred to in Exod. xxi. 1-6, and Deut. xv. 12
Finally, the former part of the regulation, "Thou shalt not compel him to serve as a bond-servant," or more literally, thou shall not serve thyself with him, with the service of a servant, guaranties his political privileges, and secures to him a kind and grade of service, comporting with his character and relations as a son of Israel. And the remainder of the verse, "But as a hired servant, and as a sojourner shall he be with thee," continues and secures to him his separate family organization, the respect and authority due to his head, and the general consideration in society resulting from such a station. Though this individual was a Jewish bought servant, the case is peculiar, and forms an exception to the general class of Jewish bought servants. Being already in possession of his inheritance, and the head of a household, the law so arranged his relations, as a servant, as to alleviate as much as possible the calamity which had reduced him from independence and authority, to penury and subjection.
Having gone so much into detail on this point, comment on the command which concludes this topic in the forty-third verse, would be superfluous. "Thou shalt not rule over him with rigor, but shalt fear thy God." As if it had been said, "In your administration you shall not disregard those differences in previous habits, station, authority, and national and political privileges, upon which this regulation is based; for to exercise authority over this class of servants, irrespective of these distinctions, and annihilating them, is torule with rigor." The same command is repeated in the forty-sixth verse, and applied to the distinction between the servants of Jewish, and those of Gentile extraction, and forbids the overlooking of distinctive Jewish peculiarities, so vital to an Israelite as to make the violation of them, rigorous in the extreme; while to the servants from the Strangers, whose previous habits and associations differed so widely from those of the Israelite, these same things would be deemed slight disabilities.
It may be remarked here, that the political and other disabilities of the Strangers, which were the distinctions growing out of a different national descent, and important to the preservation of national characteristics, and to the purity of national worship, do not seem to have effected at all the social estimation, in which this class of servants was held. They were regarded according to their character and worth as persons, irrespective of their foreign origin, employments, and political condition.
The common construction put upon the expression, "rule with rigor," and an inference drawn from it, have an air so oracular, as quite to overcharge risibles of ordinary calibre, if such an effect were not forestalled by its impiety. It is interpreted to mean, "you shall not make him an article of property, you shall not force him to work, and rob him of his earnings, you shall not make him a chattel, and strip him of legal protection." So much for the interpretation. The inference is like unto it, viz. Since the command forbade such outrages upon the Israelites, it permitted and commissioned the infliction of them upon the Strangers. Such impious and shallow smattering, captivates two classes of minds, the one by its flippancy, the other by its blasphemy, and both, by the strong scent of its unbridled license. What boots it to reason against such rampant affinities!
In Exodus, chap. i. 13, 14, it is said that the Egyptians "made the children of Israel to serve with rigor," "and all their service wherein they made them serve, was with rigor." The rigor here spoken of, is affirmed of the amount of labor extorted from them, and the mode of the exaction. This form of expression, "serve with rigor," is never applied to the service of servants either under the Patriarchal, or the Mosaic systems. Nor is any other form of expression ever used, either equivalent to it, or at all similar. The phrase, "thou shalt not RULE over him with rigor," used in Leviticus xxv. 43, 46, does not prohibit unreasonable exactions of labor, nor inflictions of personal cruelty. Such were provided against otherwise. But it forbids, confounding the distinctions between a Jew and a Stranger, by assigning the former to the same grade of service, for the same term of time, and under the same national and political disabilities as the latter.
We are now prepared to survey at a glance, the general condition of the different classes of servants, with the modifications peculiar to each class. I. In the possession of all fundamental rights, all classes of servants were on an absolute equality, all were equally protected by law in their persons, character, property and social relations. All were voluntary, all were compensated for their labor. All were released from their regular labor nearly one half of the days in each year, all were furnished with stated instruction; none in either class were in any sense articles of property, all were regarded as men, with the rights, interests, hopes, and destinies of men. In these respects the circumstances of all classes of servants among the Israelites, were not only similar but identical, and so far forth, they formed but ONE CLASS.
II. DIFFERENT CLASSES OF SERVANTS.
1. Hired Servants.—This class consisted both of Israelites and Strangers. Their employments were different. The Israelite, was an agricultural servant. The Stranger was a domestic and personal servant, and in some instances mechanical; both were occasional, procured temporally to serve an emergency. Both lived in their own families, their wages were money, and they were paid when their work was done. As a class of servants, the hired were less loved, trusted, honored and promoted than any other.
2. Bought Servants, (including those "born in the house.")—This class also, was composed both of Israelites and Strangers, the same general difference obtaining in their kinds of employment as was noticed before. Both were paid in advanceA, and neither was temporary.
A: The payment in advance, doubtless lessened considerably the price of the purchase; the servant thus having the use of the money from the beginning, and the master assuming all the risks of life, and health for labor; at the expiration of the six years' contract, the master having experienced no loss from the risk incurred at the making of it, was obliged by law to release the servant with a liberal gratuity. The reason assigned for this is, "he hath been worth a double hired servant unto thee in serving thee six years," as if it had been said, he has now served out his time, and as you have experienced no loss from the risks of life, and ability to labor which you incurred in the purchase, and which lessened the price, and as, by being your permanent servant for six years, he has saved you all the time and trouble of looking up and hiring laborers on emergencies, therefore, "thou shalt furnish him liberally," &c.
The Israelitish servant, in most instances, was released after six years. (The freeholder continued until the jubilee.) The Stranger, was a permanent servant, continuing until the jubilee. Besides these distinctions between Jewish and Gentile bought servants, a marked distinction obtained between different classes of Jewish bought servants. Ordinarily, during their term of service, they were merged in their master's family, and, like the wife and children of the master, subject to his authority; (and of course, like them, protected by law from its abuse.) But one class of the Jewish bought servants was a marked exception. The freeholder, obliged by poverty to leave his possession, and sell himself as a servant, did not thereby affect his family relations, or authority, nor subject himself as an inferior to the control of his master, though dependent upon him for employment. In this respect, his condition differed from that of the main body of Jewish bought servants, which seems to have consisted of those, who had not yet come into possession of their inheritance, or of those who were dislodging from it an incumbrance.
Having dwelt so much at length on this part of the subject, the reader's patience may well be spared further details. We close it with a suggestion or two, which may serve as a solvent of some minor difficulties, if such remain.
I. It should be kept in mind, that both classes of servants, the Israelite and the Stranger, not only enjoyed equal natural and religious rights, but all the civil and political privileges enjoyed by those of their own people, who were not servants. If Israelites, all rights belonging to Israelites were theirs. If from the Strangers, the same political privileges enjoyed by those wealthy Strangers, who bought and held Israelitish servants, were theirs. They also shared in common with them, the political disabilities which appertained to all Strangers, whether the servants of Jewish masters, or the masters of Jewish servants.
II. The disabilities of the servants from the Strangers, were exclusively political and national.
1. They, in common with all Strangers, could not own the soil.
2. They were ineligible to civil offices.
3. They were assigned to employments less honorable than those in which Israelitish servants engaged; agriculture being regarded as fundamental to the prosperity and even to the existence of the state, other employments were in far less repute, and deemed unjewish.
Finally, the condition of the Strangers, whether servants or masters, was, as it respected political privileges, much like that of unnaturalized foreigners in the United States; no matter how great their wealth or intelligence, or moral principle, or love for our institutions, they can neither go to the ballot-box, nor own the soil, nor be eligible to office. Let a native American, who has always enjoyed these privileges, be suddenly bereft of them, and loaded with the disabilities of an alien, and what to the foreigner would be a light matter, to him, would be the severity of rigor.
The recent condition of the Jews and Catholics in England, is a still better illustration of the political condition of the Strangers in Israel. Rothschild, the late English banker, though the richest private citizen in the world, and perhaps master of scores of English servants, who sued for the smallest crumbs of his favor, was, as a subject of the government, inferior to the veriest scavenger among them. Suppose an Englishman, of the Established Church, were by law deprived of power to own the soil, made ineligible to office, and deprived unconditionally of the electoral franchise, would Englishmen think it a misapplication of language, if it were said, "The government rules over that man with rigor?" And yet his life, limbs, property, reputation, conscience, all his social relations, the disposal of his time, the right of locomotion at pleasure, and of natural liberty in all respects, are just as much protected by law as the Lord Chancellor's. The same was true of all "the strangers within the gates" among the Israelites: Whether these Strangers were the servants of Israelitish masters, or the masters of Israelitish servants, whether sojourners, or bought servants, or born in the house, or hired, or neither—all were protected equally with the descendants of Abraham.
Finally—As the Mosaic system was a great compound type, made up of innumerable fractional ones, each rife with meaning in doctrine and duty; the practical power of the whole, depended upon the exact observance of those distinctions and relations which constituted its significancy. Hence, the care everywhere shown to preserve inviolate the distinction between a descendant of Abraham and a Stranger, even when the Stranger was a proselyte, had gone through the initiatory ordinances, entered the congregation, and become incorporated with the Israelites by family alliance. The regulation laid down in Exodus xxi. 2-6, is an illustration, "If thou buy an Hebrew servant, six years shall he serve: and in the seventh he shall go out free for nothing. If he came in by himself, he shall go out by himself: if he were married, then, his wife shall go out with him. If his master have given him a wife, and she have borne him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself. And if the servant should plainly say, I love my master, my wife, and my children, I will not go out free: then his master shall bring him unto the judges; he shall also bring him to the door, or unto the door-post; and his master shall bore his ear through with an awl, and he shall serve him forever." In this case, the Israelitish servant, whose term expired in six years, married one of his master's permanent female domestics; but the fact of her marriage, did not release her master from his part of the contract for her whole term of service, nor absolve him from his legal obligation to support and educate her children. Nor could it do away that distinction, which marked her national descent by a specific grade and term of service. Her marriage did not impair her obligation to fulfil her part of the contract. Her relations as a permanent domestic grew out of a distinction guarded with great care throughout the Mosaic system. To permit this to be rendered void, would have been to divide the system against itself. This God would not tolerate. Nor, on the other hand, would he permit the master, to throw off the responsibility of instructing her children, nor the care and expense of their helpless infancy and rearing. He was bound to support and educate them, and all her children born afterwards during her term of service. The whole arrangement beautifully illustrates that wise and tender regard for the interests of all the parties concerned, which arrays the Mosaic system in robes of glory, and causes it to shine as the sun in the kingdom of our Father. By this law, the children had secured to them a mother's tender care. If the husband loved his wife and children, he could compel his master to keep him, whether he had any occasion for his services or not, and with such remuneration as was provided by the statute. If he did not love them, to be rid of him was a blessing; and in that case, the regulation would prove an act for the relief of an afflicted family. It is not by any means to be inferred, that the release of the servant from his service in the seventh year, either absolved him from the obligations of marriage, or shut him out from the society of his family. He could doubtless procure a service at no great distance from them, and might often do it, to get higher wages, or a kind of employment better suited to his taste and skill, or because his master might not have sufficient work to occupy him. Whether he lived near his family, or at a considerable distance, the great number of days on which the law released servants from regular labor, would enable him to spend much more time with them than can be spent by most of the agents of our benevolent societies with their families, or by many merchants, editors, artists, &c., whose daily business is in New York, while their families reside from ten to one hundred miles in the country.
We conclude this Inquiry by touching briefly upon an objection, which, though not formally stated, has been already set aside by the whole tenor of the foregoing argument. It is this,—
"The slavery of the Canaanites by the Israelites, was appointed by God as a commutation of the punishment of death denounced against them for their sins."—If the absurdity of a sentence consigning persons to death, and at the same time to perpetual slavery, did not sufficiently laugh in its own face, it would be small self-denial, in a case so tempting, to make up the deficiency by a general contribution. For, be it remembered, the Mosaic law was given, while Israel was in the wilderness, and only one statute was ever given respecting the disposition to be made of the inhabitants of the land. If the sentence of death was first pronounced against them, and afterwards commuted, when? where? by whom? and in what terms was the commutation? And where is it recorded? Grant, for argument's sake, that all the Canaanites were sentenced to unconditional extermination; as there was no reversal of the sentence, how can a right to enslave them, be drawn from such premises? The punishment of death is one of the highest recognitions of man's moral nature possible. It proclaims him man—intelligent accountable, guilty man, deserving death for having done his utmost to cheapen human life, and make it worthless, when the proof of its priceless value, lives in his own nature. But to make him a slave, cheapens to nothing universal human nature, and instead of healing a wound, gives a death stab. What! repair an injury done to rational being in the robbery of one of its rights, not merely by robbing it of all, but by annihilating the very foundation of them—that everlasting distinction between men and things? To make a man a chattel, is not the punishment, but the annihilation of a human being, and, so far as it goes, of all human beings. This commutation of the punishment of death, into perpetual slavery, what a fortunate discovery! Alas! for the honor of Deity, if commentators had not manned the forlorn hope, and rushed to the rescue of the Divine character at the very crisis of its fate, and, by a timely movement, covered its retreat from the perilous position in which inspiration had carelessly left it! Here a question arises of sufficient importance for a separate dissertation; but must for the present be disposed of in a few paragraphs. WERE THE CANAANITES SENTENCED BY GOD TO INDIVIDUAL AND UNCONDITIONAL EXTERMINATION? That the views generally prevalent on this subject, are wrong, we have no doubt; but as the limits of this Inquiry forbid our going into the merits of the question, so as to give all the grounds of dissent from the commonly received opinions, the suggestions made, will be thrown out merely as QUERIES, and not as a formal laying down of doctrines.
The leading directions as to the disposal of the Canaanites, are mainly in the following passages, Exod. xxiii. 23-33, and 33-51, and 34, 11—Deut. vii. 16-25, and ix. 3, and xxxi. 3, 1, 2. In these verses, the Israelites are commanded to "destroy the Canaanites"—to "drive out,"—"consume,"—"utterly overthrow,"—"put out,"—"dispossess them," &c. Quest. Did these commands enjoin the unconditional and universal destruction of the individuals, or merely of the body politic? Ans. The Hebrew word Haram, to destroy, signifies national, as well as individual destruction; political existence, equally with personal; the destruction of governmental organization, equally with the lives of the subjects. Besides, if we interpret the words destroy, consume, overthrow, &c., to mean personal destruction, what meaning shall we give to the expressions, "drive out before thee;" "cast out before thee;" "expel," "put out," "dispossess," &c., which are used in the same passages?
For a clue to the sense in which the word "destroy" is used, see Exodus xxiii. 27. "I will destroy all the people to whom thou shalt come, and I will make all thine enemies turn their backs unto thee." Here "all their enemies" were to turn their backs, and "all the people" to be "destroyed". Does this mean that God would let all their enemies escape, but kill all their friends, or that he would first kill "all the people" and THEN make them turn their backs in flight, an army of runaway corpses?
The word rendered backs, is in the original, necks, and the passage may mean, I will make all your enemies turn their necks unto you; that is, be subject to you as tributaries, become denationalized, their civil polity, state organization, political existence, destroyed—their idolatrous temples, altars, images, groves, and all heathen rites destroyed; in a word, their whole system, national, political, civil, and religious, subverted, and the whole people put under tribute. Again; if these commands required the unconditional destruction of all the individuals of the Canaanites, the Mosaic law was at war with itself, for the directions relative to the treatment of native residents and sojourners, form a large part of it. "The stranger that dwelleth with you shall be unto you as one born among you, and thou shalt love him as thyself." "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." "Thou shalt not oppress a stranger." "Thou shalt not vex a stranger." "Judge righteously between every, man and his brother, and the stranger that is with him." "Ye shall not respect persons in judgement." "Ye shall have one manner of law as well for the stranger, as for him of your own country." We find, also, that provision was made for them in the cities of refuge. Num. xxxv. 15—the gleanings of the harvest and vintage were assigned to them, Lev. xix. 9, 10, and xxiii. 22, and 25, 6;—the blessings of the Sabbath, theirs, Ex. xx. 10;—the privilege of offering sacrifices secured, Lev. 22. 18; and stated religious instruction provided for them. Deut. xxxi. 9, 12. Now, does this same law authorize and appoint the individual extermination of those very persons, whose lives and general interests it so solicitously protects? These laws were given to the Israelites, long before they entered Canaan; and they must of necessity have inferred from them, that a multitude of the inhabitants of the land would continue in it, under their government.
3. We argue that these commands did not require the INDIVIDUAL destruction of the Canaanites unconditionally, from the fact that the most pious Israelites never seem to have so regarded them. Joshua was selected as the leader of Israel to execute God's threatenings upon Canaan. He had no discretionary power. God's commands were his official instructions. Going beyond them would have been usurpation; refusing to carry them out, rebellion and treason. For not obeying, in every particular, and in a single instance, God's command respecting the Amalekites, Saul was rejected from being king.
Now, if God commanded the individual destruction of all the Canaanitish nations, Joshua disobeyed him in every instance. For at his death, the Israelites still "dwelt among them," and each nation is mentioned by name. See Judges i. 5, and yet we are told that "Joshua was full of the spirit of the Lord and of WISDOM," Deut. xxxiv. 9. (of course, he could not have been ignorant of the meaning of those commands,)—that "the Lord was with him," Josh. vi. 27; and that he "left nothing undone of all that the Lord commanded Moses;" and further, that he "took all that land." Joshua xi, 15-23. Also, that "the Lord gave unto Israel all the land which he swore to give unto their fathers, and they possessed it and dwelt therein, and there stood not a man of all their enemies before them." "The Lord delivered all their enemies into their hand," &c.
How can this testimony be reconciled with itself, if we suppose that the command to destroy enjoined individual extermination, and the command to drive out, enjoined the unconditional expulsion of individuals from the country, rather than their expulsion from the possession or ownership of it, as the lords of the soil? It is true, multitudes of the Canaanites were slain, but in every case it was in consequence of their refusing to surrender their land to the possession of the Israelites. Not a solitary case can be found in which a Canaanite was either killed or driven out of the country, who acquiesced in the transfer of the territory of Canaan, and its sovereignty, from the inhabitants of the land to the Israelites. Witness the case of Rahab and all her kindred, and the inhabitants of Gibeon, Chephirah, Beeroth, and KirjathjearimA. The Canaanites knew of the miracles in Egypt, at the Red Sea, in the wilderness, and at the passage of Jordan. They knew that their land had been transferred to the Israelites, as a judgment upon them for their sins.—See Joshua ii. 9-11, and ix. 9, 10, 24. Many of them were awed by these wonders, and made no resistance to the confiscation of their territory. Others fiercely resisted, defied the God of the armies of Israel, and came out to battle. These occupied the fortified cities, were the most inveterate heathen—the aristocracy of idolatry, the kings, the nobility and gentry, the priests, with their crowds of satellites, and retainers that aided in the performance of idolatrous rites, the military forces, with the chief profligates and lust-panders of both sexes. Every Bible student will recall many facts corroborating this supposition. Such as the multitudes of tributaries in the midst of Israel, and that too, when the Israelites had "waxed strong," and the uttermost nations quaked at the terror of their name. The large numbers of the Canaanites, as well as the Philistines and others, who became proselytes, and joined themselves to the Hebrews—as the Nethenims, Uriah the Hittite, one of David's memorable "thirty seven"—Rahab, who married one of the princes of Judah—Ittai—The six hundred Gitites—David's bodyguard, "faithful among the faithless."—2 Sam. xv. 18, 21. Obededom the Gittite, who was adopted into the tribe of Levi.—Compare 2 Sam. vi. 10, 11, with 1 Chron. xv. 18, and 1 Chron xxvi. 45. The cases of Jaziz, and Obil,—1 Chron. xxvi. 30, 31, 33. Jephunneh, the father of Caleb—the Kenite, registered in the genealogies of the tribe of Judah, and the one hundred and fifty thousand Canaanites, employed by Solomon in the building of the TempleB. Add to these, the fact that the most memorable miracle on record, was wrought for the salvation of a portion of those very Canaanites, and for the destruction of those who would exterminate them.—Joshua x. 12-14. Further—the terms used in the directions of God to the Israelites, regulating their disposal of the Canaanites, such as, "drive out," "put out," "cast out," "expel," "dispossess," &c. seem used interchangeably with "consume," "destroy," "overthrow," &c., and thus indicate the sense in which the latter words are used. As an illustration of the meaning generally attached to these and similar terms, when applied to the Canaanites in Scripture, we refer the reader to the history of the Amalekites. In Ex. xxvii. 14, God says, "I will utterly put out the remembrance of Amalek from under heaven,"—In Deut. xxv. 19, "Thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget it."—In 1 Sam. xv. 2, 3. "Smite Amalek and utterly destroy all that they have, and spare them not, but slay both man and woman, infant and suckling, ox and sheep." In the seventh and eighth verses of the same chapter, we are told, "Saul smote the Amalekites, and took Agag the king of the Amalekites, alive, and UTTERLY DESTROYED ALL THE PEOPLE with the edge of the sword." In verse 20, Saul says, "I have obeyed the voice of the Lord, and have brought Agag, the king of Amalek, and have utterly destroyed the Amalekites."
A: Perhaps it will be objected, that the preservation of the Gibeonites, and of Rahab and her kindred, was a violation of the command of God. We answer, if it had been, we might expect some such intimation. If God had straitly commanded them to exterminate all the Canaanites, their pledge to save them alive, was neither a repeal of the statute, nor absolution for the breach of it. If unconditional destruction was the import of the command, would God have permitted such an act to pass without severe rebuke? Would he have established such a precedent when Israel had hardly passed the threshhold of Canaan, and was then striking the first blow of a half century war? What if they had passed their word to Rahab and the Gibeonites? Was that more binding upon them than God's command? So Saul seems to have passed his word to Agag; yet Samuel hewed him in pieces, because in saving his life, Saul had violated God's command. This same Saul appears to have put the same construction on the command to destroy the inhabitants of Canaan, that is generally put upon it now. We are told that he sought to slay the Gibeonites "in his zeal for the children of Israel and Judah." God sent upon Israel a three years' famine for it. In assigning the reason, he says, "It is for Saul and his bloody house, because he slew the Gibeonites." When David inquired of them what atonement he should make, they say, "The man that consumed us, and that devised against us, that we should the destroyed from remaining in any of the coasts of Israel let seven of his sons be delivered," &c. 2 Samuel xxii. 1-6.
B: If the Canaanites were devoted by God to individual and unconditional extermination, to have employed them in the erection of the temple,—what was it but the climax of impiety? As well might they pollute its altars with swine's flesh, or make their sons pass through the fire to Moloch.
In 1 Sam. 30th chapter, we find the Amalekites at war again, marching an army into Israel, and sweeping every thing before them—and all this in hardly more than twenty years after they had all been UTTERLY DESTROYED!