Now, therefore, kill every male among the little ones, and kill every woman that hath known man by lying with him.
But all the women-children, that have not known man by lying with him, keep alive for yourselves.
This passage has nothing whatever to do with polygamy. It is an account of the results of a military expedition of the Jews against the Midianites; their slaughter of a portion of the people, and their reduction of the remainder to slavery—namely the women for domestics. My friend dwells upon thirty-two thousand women that were saved! What were these among the Jewish nation—a people numbering two and a half millions?
He quotes Deuteronomy xxi, 10th and 13th verses:
When thou goest forth to war against thine enemies, and the Lord thy God hath delivered them into thine hands, and thou hast taken them captive;
And seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldst have her to thy wife;
Then thou shalt bring her home to thine house; and she shall shave her head, and pare her nails;
And she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full mouth: and after that thou shalt go in unto her, and be her husband and she shall be thy wife.
This passage is designed to regulate the treatment of a captive woman by the conqueror who desires her for a wife, and has no more to do with polygamy than it has to do with theft or murder. Not a solitary word is said about polygamy, no mention is made that the man is married, therefore every jurist will agree with me that where we find a general law we may judge a special enactment by the organic, fundamental principle.
He quoted Exodus xxii chap., 16 and 17, and Deuteronomy xxii, and 28 and 29:
And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.
If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.
In Deuteronomy it is said:
If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found;
Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days.
My friend appeared to confound these two laws, as if they had reference to the same crime; but the first is the law of seduction, while the second was the law of rape. In both cases the defiler was required to marry his victim; but in the case of seduction, if the father of the seduced girl would not consent to the marriage, then the sum usual for the dowry of a virgin should be paid him and the offense was expiated. But what was the penalty of rape? In that case there is no ambiguity—the ravisher married his victim and paid her father fifty pieces of silver besides. But what has this to do with polygamy? He says it is a general law and applies to married men. This cannot be so, because it is in conflict with the great law of Leviticus xviii, 18.