The Anti-Slavery Examiner, Omnibus

by American Anti-Slavery Society

Israelites and Strangers belonged indiscriminately to each class of the servants, the bought and the hired. That those in the former class, whether Jews or Strangers, rose to honors and authority in the family circle, which were not conferred on hired servants, has been shown. It should be added, however, that in the enjoyment of privileges, merely political, the hired servants from the Israelites, were more favored than even the bought servants from the Strangers. No one from the Strangers, however wealthy or highly endowed, was eligible to the highest office, nor could he own the soil. This last disability seems to have been one reason for the different periods of service required of the two classes of bought servants. The Israelite was to serve six years—the Stranger until the jubilee. As the Strangers could not own the soil, nor houses, except within walled towns, they would naturally attach themselves to Israelitish families. Those who were wealthy, or skilled in manufactures, instead of becoming servants would need servants for their own use, and as inducements for the Strangers to become servants to the Israelites, were greater than persons of their own nation could hold out to them, these wealthy Strangers would naturally procure the poorer Israelites for servants. Lev. xxv. 47. In a word, such was the political condition of the Strangers, that the Jewish polity offered a virtual bounty, to such as would become permanent servants, and thus secure those privileges already enumerated, and for their children in the second generation a permanent inheritance. Ezek. xlvii. 21-23. None but the monied aristocracy would be likely to decline such offers. On the other hand, the Israelites, owning all the soil, and an inheritance of land being a sacred possession, to hold it free of incumbrance was with every Israelite, a delicate point, both of family honor and personal character. 1 Kings xxi. 3. Hence, to forego the control of one's inheritance, after the division of the paternal domain, or to be kept out of it after having acceded to it, was a burden grievous to be borne. To mitigate as much as possible such a calamity, the law released the Israelitish servant at the end of six[^A] years; as, during that time—if of the first class—the partition of the patrimonial land might have taken place or, if of the second, enough money might have been earned to disencumber his estate, and thus he might assume his station as a lord of the soil. If neither contingency had occurred, then after another six years the opportunity was again offered, and so on, until the jubilee. So while strong motives urged the Israelite to discontinue his service as soon as the exigency had passed which made him a servant, every consideration impelled the Stranger to prolong his term of service;[^B] and the same kindness which dictated the law of six years' service for the Israelite, assigned as the general rule, a much longer period to the Gentile servant, who had every inducement to protract the term. It should be borne in mind, that adult Jews ordinarily became servants, only as a temporary expedient to relieve themselves from embarrassment, and ceased to be such when that object was effected. The poverty that forced them to it was a calamity, and their service was either a means of relief, or a measure of prevention; not pursued as a permanent business, but resorted to on emergencies—a sort of episode in the main scope of their lives. Whereas with the Stranger, it was a permanent employment, pursued both as a means of bettering their own condition, and that of their posterity, and as an end for its own sake, conferring on them privileges, and a social estimation not otherwise attainable.

[A]: Another reason for protracting the service until the seventh year, seems to have been the coincidence of that period with other arrangements, in the Jewish economy. Its pecuniary responsibilities, social relations, and general internal structure, were graduated upon a septennial scale. Besides, as those Israelites who had become servants through poverty, would not sell themselves, till other expedients to recruit their finances had failed—(Lev. xxv. 35)—their becoming servants proclaimed such a state of their affairs, as demanded the labor of a course of years fully to reinstate them.

[B]: The Stranger had the same inducements to prefer a long term of service that those have who cannot own land, to prefer a long lease.

We see from the foregoing, why servants purchased from the heathen, are called by way of distinction, the servants, (not bondmen,) 1. They followed it as a permanent business. 2. Their term of service was much longer than that of the other class. 3. As a class, they doubtless greatly outnumbered the Israelitish servants. 4. All the Strangers that dwelt in the land were tributaries, required to pay an annual tax to the government, either in money, or in public service, (called a "tribute of bond-service;") in other words, all the Strangers were national servants, to the Israelites, and the same Hebrew word used to designate individual servants, equally designates national servants or tributaries. 2 Sam. viii. 2, 6, 14; 2 Chron. viii. 7-9; Deut, xx. 11; 2 Sam. x. 19; 1 Kings ix. 21, 22; 1 Kings iv. 21; Gen. xxvii. 29. The same word is applied to the Israelites, when they paid tribute to other nations. 2 Kings xvii. 3.; Judg. iii. 8, 14; Gen. xlix. 15. Another distinction between the Jewish and Gentile bought servants, was in their kinds of service. The servants from the Strangers were properly the domestics, or household servants, employed in all family work, in offices of personal attendance, and in such mechanical labor, as was required by increasing wants and needed repairs. The Jewish bought servants seem almost exclusively agricultural. Besides being better fitted for it by previous habits, agriculture, and the tending of cattle, were regarded by the Israelites as the most honorable of all occupations. After Saul was elected king, and escorted to Gibeah, the next report of him is, "And behold Saul came after the herd out of the field." 1 Sam. xi. 5. Elisha "was plowing with twelve yoke of oxen." 1 Kings xix. 19. King Uzziah "loved husbandry." 2 Chron. xxvi. 10. Gideon was "threshing wheat" when called to lead the host against the Midianites. Judg. vi. 11. The superior honorableness of agriculture is shown, in that it was protected and supported by the fundamental law of the theocracy—God indicating it as the chief prop of the government. The Israelites were like permanent fixtures on their soil, so did they cling to it. To be agriculturists on their own patrimonial inheritances, was with them the grand claim to honorable estimation. When Ahab proposed to Naboth that he should sell him his vineyard, king though he was, he might well have anticipated from an Israelitish freeholder, just such an indignant burst as that which his proposal drew forth, "And Naboth said to Ahab, the Lord forbid it me that I should give the inheritance of my fathers unto thee." 1 Kings xxi. 2, 3. Agriculture being pre-eminently a Jewish employment, to assign a native Israelite to other employments as a business, was to break up his habits, do violence to cherished predilections, and put him to a kind of labor in which he had no skill, and which he deemed degrading.[^C] In short, it was in the earlier ages of the Mosaic system, practically to unjew him, a hardship and a rigor grievous to be borne, as it annihilated a visible distinction between the descendants of Abraham and the Strangers. To guard this and another fundamental distinction, God instituted the regulation, "If thy brother that dwelleth by thee be waxen poor, and be sold unto thee, thou shalt not compel him to serve as a bond-servant." In other words, thou shalt not put him to servant's work—to the business, and into the condition of domestics. In the Persian version it is translated, "Thou shalt not assign to him the work of servitude." In the Septuagint, "He shall not serve thee with the service of a domestic." In the Syriac, "Thou shalt not employ him after the manner of servants." In the Samaritan, "Thou shalt not require him to serve in the service of a servant." In the Targum of Onkelos, "He shall not serve thee with the service of a household servant." In the Targum of Jonathan, "Thou shalt not cause him to serve according to the usages of the servitude of servants."[^D] The meaning of the passage is, thou shalt not assign him to the same grade, nor put him to the same service, with permanent domestics. The remainder of the regulation is—"But as an hired servant and as a sojourner shall he be with thee." Hired servants were not incorporated into the families of their masters; they still retained their own family organization, without the surrender of any domestic privilege, honor, or authority; and this, even though they resided under the same roof with their master. The same substantially may be said of the sojourner though he was not the owner of the land which he cultivated, and of course had not the control of an inheritance, yet he was not in a condition that implied subjection to him whose land he tilled, or that demanded the surrender of any right, or exacted from him any homage, or stamped him with any inferiority; unless, it be supposed that a degree of inferiority would naturally attach to a state of dependence however qualified. While bought servants were associated with their master's families at meals, at the Passover, and at other family festivals, hired servants and sojourners were not. Ex. xii. 44, 45; Lev. xxii. 10, 11. Hired servants were not subject to the authority of their masters in any such sense as the master's wife, children, and bought servants. Hence the only form of oppressing hired servants spoken of in the Scriptures as practicable to masters, is that of keeping back their wages. To have taken away such privileges in the case under consideration, would have been pre-eminent "rigor;" for it was not a servant born in the house of a master, nor a minor, whose minority had been sold by the father, neither was it one who had not yet acceded to his inheritance, nor finally, one who had received the assignment of his inheritance, but was working off from it an incumbrance, before entering upon its possession and control. But it was that of the head of a family, who had known better days, now reduced to poverty, forced to relinquish the loved inheritance of his fathers, with the competence and respectful consideration its possession secured to him, and to be indebted to a neighbor for shelter, sustenance, and employment. So sad a reverse, might well claim sympathy; but one consolation cheers him in the house of his pilgrimage; he is an Israelite—Abraham is his father and now in his calamity he clings closer than ever, to the distinction conferred by his birth-right. To rob him of this, were "the unkindest cut of all." To have assigned him to a grade of service filled only by those whose permanent business was serving, would have been to "rule over him with" peculiar "rigor." "Thou shalt not compel him to serve as a bond-servant," or literally, thou shalt not serve thyself with him, with the service of a servant, guaranties his political privileges, and a kind and grade of service comporting with his character and relations as an Israelite. And "as a hired servant, and as a sojourner shall he be with thee," secures to him his family organization, the respect and authority due to its head, and the general consideration resulting from such a station. Being already in possession of his inheritance, and the head of a household, the law so arranged the conditions of his service as to alleviate as much as possible the calamity which had reduced him from independence and authority, to penury and subjection. The import of the command which concludes this topic in the forty-third verse, ("Thou shalt not rule over him with rigor,") is manifestly this, you shall not disregard those differences in previous associations, station, authority, and political privileges, upon which this regulation is based; for to hold this class of servants irrespective of these distinctions, and annihilating them, is to "rule with rigor." The same command is repeated in the forty-sixth verse, and applied to the distinction between servants of Jewish, and those of Gentile extraction, and forbids the overlooking of distinctive Jewish peculiarities, the disregard of which would be rigorous in the extreme.[^E] The construction commonly put upon the phrase "rule with rigor," and the inference drawn from it, have an air vastly oracular. It is interpreted to mean, "you shall not make him a chattel, and strip him of legal protection, nor force him to work without pay." The inference is like unto it, viz., since the command forbade such outrages upon the Israelites, it permitted and commissioned their infliction upon the Strangers. Such impious and shallow smattering captivates scoffers and libertines; its flippancy and blasphemy, and the strong scent of its loose-reined license works like a charm upon them. What boots it to reason against such rampant affinities! In Ex. i. 13, it is said that the Egyptians, "made the children of Israel to serve with rigor." This rigor is affirmed of the amount of labor extorted and the mode of the exaction. The expression "serve with rigor," is never applied to the service of servants under the Mosaic system. The phrase, "thou shall not RULE over him with rigor," does not prohibit unreasonable exactions of labor, nor inflictions of 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 political disabilities as the latter.

[C]: The Babylonish captivity seems to have greatly modified Jewish usage in this respect. Before that event, their cities were comparatively small, and few were engaged in mechanical or mercantile employments. Afterward their cities enlarged apace and trades multiplied.

[D]: Jarchi's comment on "Thou shalt not compel him to serve as a bond-servant" is, "The Hebrew servant is not to be required to do any thing which is accounted degrading—such as all offices of personal attendance, as loosing his master's shoe-latchet, bringing him water to wash his hands and feet, waiting on him at table, dressing him, carrying things to and from the bath. The Hebrew servant is to work with his master as a son or brother, in the business of his farm, or other labor, until his legal release."

[E]: The disabilities of the Strangers, which were distinctions, based on a different national descent, and important to the preservation of nation characteristics, and a national worship, did not at all affect their social estimation. They were regarded according to their character and worth as persons, irrespective of their foreign origin, employments and political condition.

We are now prepared to review at a glance, the condition of the different classes of servants, with the modifications peculiar to each.

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, and released from it 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 all these respects, all classes of servants among the Israelites, formed but ONE CLASS. The different classes, and the differences in each class, were, 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 and temporary. Both lived in their own families, their wages were money, and they were paid when their work was done. 2. Bought Servants, (including those "born in the house.") This class also, consisted of Israelites and Strangers, the same difference in their kinds of employment as noticed before. Both were paid in advance,[^A] and neither was temporary. The Israelitish servant, with the exception of the freeholder, completed his term in six years. The Stranger was a permanent servant, continuing until the jubilee. A marked distinction obtained also between different classes of Jewish bought servants. Ordinarily, they were merged in their master's family, and, like his wife and children, subject to his authority; (and, like them, protected by law from its abuse.) But the freeholder was an exception; his family relations and authority remained unaffected, nor was he subjected as an inferior to the control of his master, though dependent on him for employment.