The Anti-Slavery Examiner, Omnibus

by American Anti-Slavery Society

From these laws we learn, that one class of Hebrew men servants were bound to serve their masters only six years, unless their attachment to their employers, their wives and children, should induce them to wish to remain in servitude, in which case, in order to prevent the possibility of deception on the part of the master, the servant was first taken before the magistrate, where he openly declared his intention of continuing in his master's service, (probably a public register was kept of such,) he was then conducted to the door of the house, (in warm climates doors are thrown open.) and there his ear was publicly bored, and by submitting to this operation, he testified his willingness to serve him in subserviency to the law of God; for let it be remembered, that the door-post was covered with the precepts of that law. Deut. vi, 9. xi, 20: for ever, i.e., during his life, for Jewish Rabbins, who must have understood Jewish slavery (as it is called), "affirm that servants were set free at the death of their masters, and did not descend to their heirs;" or that he was to serve him until the year of Jubilee, when all servants were set at liberty. The other class, when they first sold themselves, agreed to remain until the year of Jubilee. To protect servants from violence, it was ordained, that if a master struck out the tooth or destroyed the eye of a servant, that servant immediately became free, for such an act of violence evidently showed he was unfit to possess the power of a master, and therefore that power was taken from him. All servants enjoyed the rest of the Sabbath, and partook of the privileges and festivities of the three great Jewish Feasts; and if a servant died under the infliction of chastisement, his master was surely to be punished. As a tooth for a tooth and life for life was the Jewish law, of course he was punished with death. I know that great stress has been laid upon the following verse: "Notwithstanding, if he continue a day or two, he shall not be punished, for he is his money."

Slaveholders, and the apologists of slavery, have eagerly seized upon this little passage of Scripture, and held it up as the masters' Magna Charta, by which they were licensed by God himself to commit the greatest outrages upon the defenceless victims of their oppression. But, my friends, was it designed to be so? If our Heavenly Father would protect by law the eye and the tooth of a Hebrew servant, can we for a moment believe that he would abandon that same servant to the brutal rage of a master who would destroy even life itself? Let us then examine this passage with the help of the context. In the 18th and 19th verses we have a law which was made for freemen who strove together. Here we find, that if one man smote another, so that he died not, but only kept his bed from being disabled, and he rose again and walked abroad upon his staff, then he was to be paid for the loss of his time, and all the expenses of his sickness were to be borne by the man who smote him. The freeman's time was his own, and therefore he was to be remunerated for the loss of it. But not so with the servant, whose time was, as it were, the money of his master, because he had already paid for it: If he continued a day or two after being struck, to keep his bed in consequence of any wound received, then his lost time was not to be paid for, because it was not his own, but his master's, who had already paid him for it. The loss of his time was the master's loss, and not the servant's. This explanation is confirmed by the fact, that the Hebrew word translated continue, means "to stand still;" i.e., to be unable to go out about his master's work.

Here then we find this stronghold of slavery completely demolished. Instead of its being a license to inflict such chastisement upon a servant as to cause even death itself, it is in fact a law merely to provide that a man should not be required to pay his servant twice over for his time. It is altogether an unfounded assumption on the part of the slaveholder, that this servant died after a day or two; the text does not say so, and I contend that he got well after a day or two, just as the man mentioned in the 19th verse recovered from the effects of the blows he received. The cases are completely parallel, and the first law throws great light on the second. This explanation is far more consonant with the character of God, and were it not that our vision has been so completely darkened by the existence of slavery in our country, we never could so far have dishonored Him as to have supposed that He sanctioned the murder of a servant; although slaveholding legislators might legalize the killing of a slave in four different ways.—(Stroud's Sketch of Slave Laws.)

But I pass on now to the consideration of how the female Jewish servants were protected by law.

1. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto another nation he shall have no power, seeing he hath dealt deceitfully with her.

2. If he have betrothed her unto his son, he shall deal with her after the manner of daughters.

3. If he take him another wife, her food, her raiment, and her duty of marriage, shall he not diminish.

4. If he do not these three unto her, then shall she go out free without money.

On these laws I will give you Calmet's remarks; "A father could not sell his daughter as a slave, according to the Rabbins, until she was at the age of puberty, and unless he were reduced to the utmost indigence. Besides, when a master bought an Israelitish girl, it was always with the presumption that he would take her to wife. Hence Moses adds, 'if she please not her master, and he does not think fit to marry her, he shall set her at liberty,' or according to the Hebrew, 'he shall let her be redeemed.' 'To sell her to another nation he shall have no power, seeing he hath dealt deceitfully with her;' as to the engagement implied, at least of taking her to wife. 'If he have betrothed her unto his son, he shall deal with her after the manner of daughters;' i.e., he shall take care that his son uses her as his wife, that he does not despise or maltreat her. If he make his son marry another wife, he shall give her her dowry, her clothes, and compensation for her virginity; if he does none of these three, she shall go out free without money." Thus were the rights of female servants carefully secured by law under the Jewish Dispensation; and now I would ask, are the rights of female slaves at the South thus secured? Are they sold only as wives and daughters-in-law, and when not treated as such, are they allowed to go out free? No! They have all not only been illegally obtained as servants according to Hebrew law, but they are also illegally held in bondage. Masters at the South and West have all forfeited their claims, (if they ever had any,) to their female slaves.

We come now to examine the case of those servants who were "of the heathen round about;" Were they left entirely unprotected by law? Horne, in speaking of the law, "Thou shalt not rule over him with rigor, but shalt fear thy God," remarks, "this law, Lev. xxv, 43, it is true, speaks expressly of slaves who were of Hebrew descent; but as alien born slaves were ingrafted into the Hebrew Church by circumcision, there is no doubt but that it applied to all slaves:" if so, then we may reasonably suppose that the other protective laws extended to them also; and that the only difference between Hebrew and Heathen servants lay in this, that the former served but six years, unless they chose to remain longer, and were always freed at the death of their masters; whereas, the latter served until the year of Jubilee, though that might include a period of forty-nine years,—and were left from father to son.