We are now prepared to review at a glance, the condition of the different classes of servants, with the modifications peculiar to each class. 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 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 employments noticed before. Both were paid in advance[A], and neither was temporary. The Israelitish servant, with the exception of the freeholders was released after 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 a marked exception: his family relations, and authority remained unaffected, nor was he subjected as an inferior to the control of his master, though dependent upon him for employment.
[A]: The payment in advance, doubtless lessened the price of the purchase; the servant thus having the use of the money, and the master assuming all the risks of life and health for labor: at the expiration of the six year's contract, the master having suffered 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, as you have experienced no loss from the risks of life, and ability to labor, incurred in the purchase, and which lessened the price, and as, by being your servant for six years, he has saved you the time and trouble of looking up and hiring laborers on emergencies, therefore, "thou shalt furnish him liberally," &c.
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. 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. Further, 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 existence of the state, other employments were in less repute, and deemed unjewish.
Finally, the Strangers, whether servants or masters, were all protected equally with the descendants of Abraham. In respect to political privileges, their condition was much like that of naturalized foreigners in the United States; whatever 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, be suddenly bereft of these privilege, 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 another illustration. Rothschild, the late 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 lowest among them. Suppose an Englishman of the Established Church, were by law deprived of power to own the soil, of eligibility to office and of the electoral franchise, would Englishmen think it a misapplication of language, if it were said, the government "rules over him with rigor?" And yet his person, 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.
FINALLY,—As the Mosaic system was a great compound type, 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 to preserve serve 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 Ex. xxi. 2-6, is an illustration. In this case, the Israelitish servant, whose term expired in six years, married one of his master's permanent female domestics; but her marriage, did not release her master from his part of the contract for her whole term of service, nor from his legal obligation to support and educate her children. Neither did it do away that distinction, which marked her national descent by a specific grade and term of service, nor impair her obligation to fulfill 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 render it 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. 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 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. The great number of days on which the law released servants from regular labor, would enable him to spend much more time with his family, 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 at itself, it would be small self-denial, in a case so tempting, to make up the deficiency by a general contribution. For, be it remembered, only one statute was ever given respecting the disposition to be made of the inhabitants of Canaan. If the sentence of death was 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—rational, accountable, guilty, deserving death for having done his utmost to cheapen human life, when the proof of its priceless worth lived 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 to rational being in the robbery of one of its rights, by robbing it of all, and annihilating their foundation—the everlasting distinction between persons 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 by a timely movement rescued the Divine character, at the very crisis of its fate, 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? As the limits of this inquiry forbid our giving all the grounds of dissent from commonly received opinions, the suggestions made, will be thrown out merely as QUERIES, rather than laid down as doctrines. The directions as to the disposal of the Canaanites, are mainly in the following passages: Ex. xxiii. 23-33; xxxiv. 11; Deut. vii. 16-25; ix. 3; xxxi. 3-5. In these verses, the Israelites are commanded to "destroy the Canaanites," "drive out," "consume," "utterly overthrow," "put out," "dispossess them," &c. Did these commands enjoin the unconditional and universal destruction of the inhabitants or merely of the body politic? The word hārăm, to destroy, signifies national, as well as individual destruction, the destruction of political existence, equally with personal; 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, "throw out before thee;" "cast out before thee;" "expel," "put out," "dispossess," &c., which are used in the same passages? "I will destroy all the people to whom thou shalt come, and I will make all thine enemies turn their backs unto thee" Ex. xxiii. 27. Here "all thine 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," an army of runaway corpses? If these commands required the destruction of all the inhabitants, the Mosaic law was at war with itself, for directions as to the treatment of native residents form a large part of it. See Lev. xix. 34; xxv. 35, 36; xx. 22. Ex. xxiii. 9; xxii. 21; Deut. i. 16, 17; x. 17, 19, xxvii. 19. 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 theirs, Lev. xix. 9, 10; xxiii. 22;—the blessings of the Sabbath, Ex. xx. 10;—the privilege of offering sacrifices secured, Lev. xxii. 18; and stated religious instruction provided for them, Deut. xxxi. 9, 12. Now does this same law require the individual extermination of those whose lives and interests it thus protects? These laws were given to the Israelites, long before they entered Canaan; and they must have inferred from them that a multitude of the inhabitants of the land were to continue in it, under their government. Again 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. Saul was rejected from being king for disobeying god's commands in a single instance. Now, if God commanded the individual destruction of all the Canaanites. Joshua disobeyed him in every instance. For at his death, the Israelites still "dwelt among them," and each nation is mentioned by name. Judg. i. 5, and yet we are told that Joshua "left nothing undone of all that the Lord commanded Moses;" and that he "took all that land." Josh. xi. 15-22. Also, that "there stood not a man of all their enemies before them." How can this be, if the command to destroy enjoined individual extermination, and the command to drive out, unconditional expulsion from the country, rather than their expulsion from the possession or ownership of it, as the lords of the soil? True, multitudes of the Canaanites were slain, but not a case can be found in which one was either killed or expelled who acquiesced in the transfer of the territory, and its sovereignty, from the inhabitants of the land to the Israelites. Witness the case of Rahab and her kindred, and the Gibeonites[A]. The Canaanites knew of the miracles wrought for the Israelites; and that their land had been transferred to them as a judgment for their sins. Josh. ii. 9-11; ix. 9, 10, 24. Many of them were awed by these wonders, and made no resistance. Others defied God 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 satellite, and retainers that aided in idolatrous rites, and the military forces, with the chief profligates of both sexes. Many facts corroborate the general position. Such as the multitude of tributaries in the midst of Israel, and that too, after they had "waxed strong," and the uttermost nations quaked at the terror of their name—the Canaanites, Philistines, and others, who became proselytes—as the Nethenims, Uriah the Hittite—Rahab, who married one of the princes of Judah—Ittai—the six hundred Gitites—David's body guard. 2 Sam. xv. 18, 21. Obededom the Gittite, adopted into the tribe of Levi. Comp. 2 Sam. vi. 10, 11, with 1 Chron. xv. 18, and 1 Chron. xxvi. 45—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 Temple[B]. Besides, the greatest miracle on record, was wrought to save a portion of those very Canaanites, and for the destruction of those who would exterminate them. Josh. x. 12-14. Further—the terms employed in the directions regulating the 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, we refer to the history of the Amelekites. "I will utterly put out the remembrance of Amelek from under heaven." Ex. xxvii. 14. "Thou shalt blot out the remembrance of Amelek from under heaven; thou shalt not forget it." Deut. xxv. 19. "Smite Amelek and utterly destroy all that they have, and spare them not, but slay both man and woman, infant and suckling, ox and sheep." 1 Sam. xv. 2, 3. "Saul smote the Amelekites, and took Agag the king of the Amelekites, alive and UTTERLY DESTROYED ALL THE PEOPLE with the edge of the sword." Verses 7, 8. In verse 20, Saul says, "I have brought Agag, the king of Amelek, and have utterly destroyed the Amelekites." In 1 Sam. xxx. we find the Amelekites marching an army into Israel, and sweeping everything before them—and this in about eighteen years after they had all been "UTTERLY DESTROYED!" Deut. xx. 16, 17, will probably be quoted against the preceding view. We argue that the command in these verses, did not include all the individuals of the Canaanitish nations, but only the inhabitants of the cities, (and even those conditionally,) because, only the inhabitants of the cities are specified,—"of the cities of these people thou shalt save alive nothing that breatheth." Cities then, as now, were pest-houses of vice—they reeked with abominations little practiced in the country. On this account their influence would be far more perilous to the Israelites than that of the country. Besides, they were the centres of idolatry—there were the temples and altars, and idols, and priests, without number. Even their buildings, streets, and public walks were so many visibilities of idolatry. The reason assigned in the 18th verse for exterminating them, strengthens the idea,—"that they teach you not to do after all the abominations which they have done unto their gods." This would be a reason for exterminating all the nations and individuals around them, as all were idolaters; but God commanded them, in certain cases, to spare the inhabitants. Contact with any of them would be perilous—with the inhabitants of the cities peculiarly, and of the Canaanitish cities pre-eminently so. The 10th and 11th verses contain the general rule prescribing the method in which cities were to be summoned to surrender. They were first to receive the offer of peace—if it was accepted, the inhabitants became tributaries—but if they came out against Israel in battle, the men were to be killed, and the women and little ones saved alive. The 15th verse restricts this lenient treatment to the inhabitants of the cities afar off. The 16th directs as to the disposal of the inhabitants of Canaanitish cities. They were to save alive "nothing that breathed." The common mistake has been, in supposing that the command in the 15th verse refers to the whole system of directions preceding, commencing with the 10th, whereas it manifestly refers only to the inflictions specified in the 12th, 13th, and 14th, making a distinction between those Canaanitish cities that fought, and the cities afar off that fought—in one case destroying the males and females, and in the other, the males only. The offer of peace, and the conditional preservation, were as really guarantied to Canaanitish cities as to others. Their inhabitants were not to be exterminated unless they came out against Israel in battle. But let us settle this question by the "law and the testimony." "There was not a city that made peace with the children of Israel save the Hivites, the inhabitants of Gibeon; all others they took in battle. For it was of the Lord to harden their hearts, that they should COME OUT AGAINST ISRAEL IN BATTLE, that he might destroy them utterly, and that they might have no favor, but that he might destroy them, as the Lord commanded Moses." Josh. xix. 19, 20. That is, if they had not come out against Israel in battle, they would have had "favor" shown them, and would not have been "destroyed utterly." The great design was to transfer the territory of the Canaanites to the Israelites, and along with it, absolute sovereignty in every respect; to annihilate their political organizations, civil polity, and jurisprudence and their system of religion, with all its rights and appendages; and to substitute therefor, a pure theocracy, administered by Jehovah, with the Israelites as His representatives and agents. In a word the people were to be denationalized, their political existence annihilated, their idol temples, altars, images groves and heathen rites destroyed, and themselves put under tribute. Those who resisted the execution of Jehovah's purpose were to be killed, while those who quietly submitted to it were to be spared. All had the choice of these alternatives, either free egress out of the land[C]; or acquiescence in the decree, with life and residence as tributaries, under the protection of the government; or resistance to the execution of the decree, with death. "And it shall come to pass, if they will diligently learn the ways of my people, to swear by my name, the Lord liveth as they taught my people to swear by Baal; THEN SHALL THEY BE BUILT IN THE MIDST OF MY PEOPLE."
[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 strictly commanded them to exterminate all the Canaanites, their pledge to save themselves 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 rebuke? Would he have established such a precedent when Israel had hardly passed the threshold 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 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. When Saul sought to slay the Gibeonites in "his zeal for the children of Israel and Judah," God sent upon Israel three years famine for it. When David inquired of them what atonement he should make, they say, "The man that devised against us, that we should be destroyed from remaining in any of the coasts of Israel, let seven of his sons be delivered," &c. 2 Sam. xxii. 1-6.