Finally, these verses contain, first, a command, "Thou shalt not deliver," &c. Secondly, a declaration of the fugitive's right of free choice, and of God's will that he should exercise it at his own discretion; and thirdly, a command guarding this right, namely, "Thou shalt not oppress him," as though God had said, If you forbid him to exercise his own choice, as to the place and condition of his residence, it is oppression, and I will not tolerate it.
3. We argue the voluntariness of servants from their peculiar opportunities and facilities for escape. Three times every year, all the males over twelve years of age, were required to attend the public festivals. The main body were thus absent from their homes not less than three weeks each time, making nine weeks annually. As these caravans moved over the country, were there military scouts lining the way, to intercept deserters?—a corporal's guard stationed at each pass of the mountains, sentinels pacing the hill-tops, and light horse scouring the defiles? What safe contrivance had the Israelites for taking their "slaves" three times in a year to Jerusalem and back? When a body of slaves is moved any distance in our free and equal republic, they are handcuffed to keep them from running away, or beating their drivers' brains out. Was this the Mosaic plan, or an improvement left for the wisdom of Solomon? The usage, doubtless, claims a paternity not less venerable and biblical! Perhaps they were lashed upon camels, and transported in bundles, or caged up, and trundled on wheels to and fro, and while at the Holy City, "lodged in jail for safe keeping," religions services extra being appointed, and special "ORAL instruction" for their benefit. But meanwhile, what became of the sturdy handmaids left at home? What hindered them from marching off in a body? Perhaps the Israelitish matrons stood sentry in rotation round the kitchens, while the young ladies scoured the country, as mounted rangers, to pick up stragglers by day, and patrolled the streets as city guards, keeping a sharp look-out at night.
4. Their continuance in Jewish families depended upon the performance of various rites and ceremonies necessarily VOLUNTARY.
Suppose a servant from the heathen should, upon entering a Jewish family, refuse circumcision; the question whether he shall remain a servant, is in his own hands. If a slave, how simple the process of emancipation! His refusal did the job. Or, suppose that, at any time, he should refuse to attend the tri-yearly feasts, or should eat leavened bread during the Passover, or compound the ingredients of the anointing oil, he is "cut off from the people;" excommunicated.
5. We infer the voluntariness of the servants of the Patriarchs from the impossibility of their being held against their wills. The servants of Abraham are an illustration. At one time he had three hundred and eighteen young men "born in his house," and probably many more not born in his house. The whole number of his servants of all ages, was probably MANY THOUSANDS. Doubtless, Abraham was a man of a million, and Sarah too, a right notable housekeeper; still, it is not easy to conceive how they contrived to hold so many thousand servants against their wills, unless the patriarch and his wife took turns in performing the Hibernian exploit of surrounding them! The neighboring tribes, instead of constituting a picket guard to hem in his servants, would have been far more likely to sweep them and him into captivity, as they did Lot and his household. Besides, Abraham had neither "Constitution," nor "compact," nor statutes, nor judicial officers to send back his fugitives, nor a truckling police to pounce upon panic-stricken women, nor gentleman-kidnappers, suing for patronage, volunteering to howl on the track, boasting their blood-hound scent, and pledging their "honor" to hunt down and "deliver up," provided they had a description of the "flesh marks," and were stimulated in their chivalry by pieces of silver. Abraham seems also to have been sadly deficient in all the auxiliaries of family government, such as stocks, hand cuffs, foot-chains, yokes, gags, and thumb-screws. His destitution of these patriarchal indispensables is the more afflicting, when we consider his faithful discharge of responsibilities to his household, though so deplorably destitute of the needful aids.
6. We infer that servants were voluntary, from the fact that there is no instance of an Israelitish master ever SELLING a servant. Abraham had thousands of servants, but appears never to have sold one. Isaac "grew until he became very great," and had "great store of servants." Jacob's youth was spent in the family of Laban, where he lived a servant twenty-one years. Afterward he had a large number of servants.
When Joseph sent for Jacob to come into Egypt, the words are, "thou and thy children, and thy children's children, and thy flocks and thy herds, and ALL THAT THOU HAST." Jacob took his flocks and herds but no servants. Gen xlv. 10; xlvii. 6; xlvii. 1. His servants doubtless, served under their own contracts, and when Jacob went into Egypt, they chose to stay in their own country.
The government might sell thieves, if they had no property, until their services had made good the injury, and paid the legal fine. Ex. xxii. 3. But masters seem to have had no power to sell their servants—the reason is obvious. To give the master a right to sell his servant, would annihilate the servant's right of choice in his own disposal; but says the objector, To give the master a right to buy a servant, equally annihilates the servant's right of choice. Answer. It is one thing to have a right to buy a man, and a very different thing to have a right to buy him of another man.
Though there is no instance of a servant being bought of his, or her master, yet there are instances of young females being bought of their fathers. But their purchase as servants was their betrothal as WIVES. Exodus xxi. 7, 8. "If a man sell his daughter to be a maid-servant, she shall not go out as the men-servants do. If she please not her master WHO HATH BETROTHED HER TO HIMSELF, he shall let her be redeemed[A]."
[A]: The comment of Maimonides on this passage is as follows: