You argue from the fifth and sixth verses of the twenty-first chapter of Exodus, that God authorized the enslavement of the Jews: but, on the same page, on which you do so, you also show the contrary. It may, nevertheless, be well for me to request you to read and read again Leviticus 25:39-42, until your remaining doubts, on this point, shall all be put to flight. I am free to admit the probability, that under some of the forms of servitude, in which Jews were held, the servant was subjected to a control so extensive as to expose him to suffer great cruelties. These forms corresponded with the spirit and usages of the age, in which they existed; entirely unsuited, as they are, to a period and portion of the world, blessed with the refining and softening influences of civilization and the gospel. Numerous as were the statutory regulations for the treatment of the servant, they could not preclude the large discretion of the master. The apprentice, in our country, is subjected to an authority, equaling a parent's authority, but not always tempered in its exercise, with a parent's love. His condition is, therefore, not unfrequently marked with severity and suffering. Now, imagine what this condition would be, under the harsh features of a more barbarous age, and you will have in it, as I conjecture, no distant resemblance to that of some of the Jewish servants. But how different is this condition from that of the slave!
I am reminded in this connexion, of the polished, but pernicious, article on slavery in a late number of the Biblical Repertory. In that article Professor Hodge says, that the claim of the slaveholder "is found to be nothing more than a transferable claim of service either for life, or for a term of years." Will he allow me to ask him, where he discovered that the pretensions of the slaveholder are all resolvable into this modest claim? He certainly did not discover it in any slave code; nor in any practical slavery. Where then? No where, but in that undisclosed system of servitude, which is the creation of his own fancy. To this system I raise no objection whatever. On the contrary, I am willing to admit its beauty and its worthiness of the mint in which it was coined. But I protest against his right to bestow upon it the name of another and totally different thing. He must not call it slavery.
Suppose a poor German to be so desirous of emigrating with his family to America, as to agree to give his services for ten years, as a compensation for the passage. Suppose further, that the services are to be rendered to the captain of the ship in which they sail, or to any other person, to whom he may assign his claim. Such a bargain is not uncommon. Now, according to Professor Hodge, this German may as rightly as any of your Southern servants, be called a slave. He may as rightly be called property, as they may be, who, in the language of the South Carolina laws, "shall be deemed, held, taken, reputed, and adjudged in law, to be chattels personal, in the hands of their owners and possessors, and their executors, administrators, and assigns, to all intents, constructions, and purposes whatsoever."
We will glance at a few points of difference in their condition. 1st. The German is capable of making a contract, and in the case supposed, does make a contract; but your slave is incapable of making any contract. 2d. The German receives wages; the price of carrying himself and family being the stipulated price for his services, during the ten years; but your slave receives no wages. 3d. The German, like any other hireling, and, like any apprentice in our country, is under the protection of law. But, there is no law to shield the slave from wrongs. Being a mere chattel or thing, he has no rights; and, therefore, he can have no wrongs to be redressed. Does Professor Hodge say, that there are statutes limiting and regulating the power of the slaveholder? I grant there are; though it must be remembered, that there is one way of even murdering a slave, which some of the slave States do not only not forbid, but impliedly and practically admit[A]. The Professor should know, however, that all these statutes are, practically, a mere nullity. Nevertheless, they show the absoluteness of the power which they nominally qualify. This absoluteness is as distinctly implied by them, as the like was by the law of the Emperor Claudius, which imposed limitations upon the "jus vitae et necis" (the right of life and death) which Roman slavery put into the hand of the master. But if the Professor should be so imprudent as to cite us to the slave code for evidence of its merciful provisions, he will, in so doing, authorize us to cite him to that code for evidence of the nature of slavery. This authority, however, he would not like to give us; for he is unwilling to have slavery judged of by its own code. He insists, that it shall be judged of by that ideal system of slavery, which is lodged in his own brain, and which he can bring forth by parcels, to suit present occasions, as Mahomet produced the leaves of the Koran.
[A]: The licensed murder referred to, is that where the slave dies under "moderate correction." But is not the murder of a slave by a white man, in any way, practically licensed in all the slave States? Who ever heard of a white man's being put to death, under Southern laws, for the murder of a slave? American slavery provides impunity for the white murderer of the slave, by its allowing none but whites—none but those who construct and uphold the system of abominations—to testify against the murderer. But why particularize causes of this impunity? The whole policy of the Southern slave system goes to provide it. How unreasonable is it to suppose, that they, who have conspired against a portion of their fellow-beings, and mutually pledged themselves to treat them as mere things—how unreasonable, I say, is it to suppose, that they would consent to put a man to death, on account of his treatment, in whatever way, of a mere thing? Not long ago, I was informed by a highly respectable lawyer of the State of Georgia, that he had known a number of attempts (attempts most probably but in form and name) to effect the conviction of whites for their undoubted murder of slaves. But in every instance, the jurors perjured themselves, rather than consent that a man should be put to death, for the liberty he had taken in disposing of a thing. They had rather perjure themselves, than by avenging the blood of a slave with that of a man, make a breach upon the policy of keeping the slave ignorant, that he has the nature, and consequently the rights, of a man.
Professor Hodge tells his readers, in substance, that the selling of men, as they are sold under the system of slavery, is to be classed with the cessions of territory, occasionally made by one sovereign to another; and he would have the slave, who is sold from hand to hand, and from State to State, at the expense to his bleeding heart, of the disruption of its dearest ties, think his lot no harder than that of the inhabitant of Louisiana, who was passed without his will, from the jurisdiction of the French government to that of the United States.
When a good man lends himself to the advocacy of slavery, he must, at least for a time, feel himself to be anywhere but at home, amongst his new thoughts, doctrines, and modes of reasoning. This is very evident in the case before us—especially, when now and then, old habits of thought and feeling break out, in spite of every effort to repress them, and the Professor is himself again, and discourses as manfully, as fearlessly, and as eloquently, as he ever had done before the slaveholders got their hands upon him. It is not a little amusing to notice, that, although the burden of his article is to show that slavery is one of God's institutions, (what an undertaking for a Professor of Theology in the year 1836!) he so far forgets the interests of his new friends and their expectations from him, as to admit on one page, that "the general principles of the gospel have destroyed domestic slavery throughout the greater part of Christendom;" and on another, that "the South has to choose between emancipation, by the silent and holy influence of the gospel, or to abide the issue of a long continued conflict against the laws of God." Whoever heard, until these strange times on which we have fallen, of any thing, which, to use the Professor's language about slavery, "it is in vain, to contend is sin, and yet profess reverence for the Scriptures," being at war with and destroyed by the principles of the gospel. What sad confusion of thought the pro-slavery influences, to which some great divines have yielded, have wrought in them!
I will proceed to argue, that the institution in the Southern States called "slavery," is radically unlike any form of servitude under which Jews were held, agreeably to the Divine will; and also radically unlike any form of servitude approved of God in the patriarchal families.
1st. God does not contradict Himself. He is "without variableness or shadow of turning." He loves his word and has "magnified it above all his name." He commands his rational creatures to "search the Scriptures." He cannot, therefore, approve of a system which forbids the searching of them, and shuts out their light from the soul; and which, by the confession of your own selves, turns men in this gospel land into heathen. He has written his commandment against adultery, and He cannot, therefore, approve of a system, which induces this crime, by forbidding marriage. The following extract from an opinion of the Attorney General of Maryland, shows some of the consequences of this "forbidding to marry." "A slave has never maintained an action against the violator of his bed. A slave is not admonished for incontinence, or punished for fornication or adultery; never prosecuted for bigamy." Again, God has written his commandment, that children should honor their parents. How, then, can He approve of a system, which pours contempt on the relation of parent and child? Which subjects them to be forcibly separated from each other, and that too, beyond the hope of reunion?—under which parents are exposed and sold in the market-place along with horses and cattle?—under which they are stripped and lashed, and made to suffer those innumerable, and some of them, nameless indignities, that tend to generate in their children, who witness them, any feelings, rather than those of respect and honor, for parents thus degraded? Some of these nameless indignities are alluded to in a letter written to me from a slave state, in March, 1833. "In this place," says the writer, "I find a regular and a much frequented slave market, where thousands are yearly sold like cattle to the highest bidder. It is the opinion of gentlemen here, that not far from five hundred thousand dollars are yearly paid in this place for negroes; and at this moment, I can look from the window of my room and count six droves of from twenty to forty each, sitting in the market place for sale. This morning I witnessed the sale of twelve slaves, and I could but shudder at the language used and the liberties taken with the females!"
2d. As a proof, that in the kinds of servitude referred to, God did not invest Abraham, or any other person with that absolute ownership of his fellow-men, which is claimed by Southern slaveholders—I would remark, that He has made man accountable to Himself; but slavery makes him accountable to, and a mere appendage to his fellow-man. Slavery substitutes the will of a fallible fellow-man for that infallible rule of action—the will of God. The slave, instead of being allowed to make it the great end of his existence to glorify God and enjoy Him for ever, is degraded from his exalted nature, which borders upon angelic dignity, to be, to do, and to suffer what a mere man bids him be, do, and suffer.