The Anti Slavery Examiner, Part 1 of 4 by American Anti Slavery Society

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3. "INHERITANCE AND POSSESSION," "Ye shall take them as an INHERITANCE
for your children after you to inherit them for a possession." This
refers to the _nations_, and not to the _individual_ servants, procured
from these nations. We have already shown, that servants could not be
held as a _property_-possession, and inheritance; that they became
servants of their _own accord_, and were paid wages; that they were
released by law from their regular labor nearly _half the days in each
year_, and thoroughly _instructed_; that the servants were _protected_
in all their personal, social and religious rights, equally with their
masters &c. All remaining, after these ample reservations, would be
small temptation, either to the lust of power or of lucre; a profitable
"possession" and "inheritance," truly! What if our American slaves were
all placed in _just such a condition_ Alas, for that soft, melodious
circumlocution, "Our PECULIAR species of property!" Verily, emphasis
would be cadence, and euphony and irony meet together! What eager
snatches at mere words, and bald technics, irrespective of connection,
principles of construction, Bible usages, or limitations of meaning by
other passages--and all to eke out such a sense as sanctifies existing
usages, thus making God pander for lust. The words _nahal_ and _nahala_,
inherit and inheritance by no means necessarily signify _articles of
property_. "The people answered the king and said, we have none
_inheritance_ in the son of Jesse." 2 Chron. x. 16. Did they moan
gravely to disclaim the holding of their kin; as an article of
_property_? "Children are an _heritage_ (inheritance) of the Lord." Ps.
cxxvii. 3. "Pardon our iniquity, and take us for thine _inheritance_."
Ex. xxxiv. 9. When God pardons his enemies, and adopts them as children,
does he make them _articles of property_? Are forgiveness, and
chattel-making, synonymes? "Thy testimonies have I taken as a
_heritage_" (inheritance.) Ps. cxix. 111. "_I_ am their _inheritance_."
Ezek. xliv. 28. "I will give thee the heathen for thine _inheritance_."
Ps. ii. 8. "For the Lord will not cast off his people, neither will he
forsake his _inheritance_." Ps. xciv 14. see also Deut. iv. 20; Josh.
xiii. 33; Ps. lxxxii. 8; lxxviii. 62, 71; Prov. xiv. 8. The question
whether the servants were a PROPERTY-"_possession_," has been already
discussed--pp. 37-46--we need add in this place but a word, _ahuzza_
rendered "_possession_." "And Joseph placed his father and his brethren,
and gave them a _possession_ in the land of Egypt." Gen. xlii. 11. In
what sense was Goshen the _possession_ of the Israelites? Answer, in the
sense of _having it to live in_. In what sense were the Israelites to
_possess_ these nations, and _take them_ as an _inheritance for their
children_? Answer, they possessed them as a permanent source of supply
for domestic or household servants. And this relation to these nations
was to go down to posterity as a standing regulation, having the
certainty and regularity of a descent by inheritance. The sense of the
whole regulation may be given thus: "Thy permanent domestics, which thou
shalt have, shall be of the nations that are round about you, of _them_
shall ye get male and female domestics." "Moreover of the children of
the foreigners that do sojourn among you, of _them_ shall ye get, and of
their families that are with you, which they begat in your land, and
_they_ shall be your permanent resource." "And ye shall take them as a
_perpetual_ provision for your children after you, to hold as a
_constant source of supply_. Always _of them_ shall ye serve
yourselves." The design of the passage is manifest from its structure.
It was to point out the _class_ of persons from which they were to get
their supply of servants, and the _way_ in which they were to get them.

OBJECTION IV. "If thy brother that dwelleth by thee be waxen poor, and
be sold unto thee, thou shalt not compel him to serve as a BOND-SERVANT,
but as an HIRED-SERVANT, and as a sojourner shall he be with thee, and
shall serve thee unto the year of jubilee." Lev. xxv. 39, 40.

As only _one_ class is called "_hired_," it is inferred that servants of
the _other_ class were _not paid_ for their labor. That God, with
thundering anathemas against those who "used their neighbor's service
without wages," granted a special indulgence to his chosen people to
force others to work, and rob them of earnings, provided always, in
selecting their victims, they spared "the gentlemen of property and
standing," and pounced only upon the strangers and the common people.
The inference that "_hired_" is synonymous with _paid_, and that those
servants not _called_ "hired" were not _paid_ for their labor, is a mere
assumption. The meaning of the English verb _to hire_, is to procure for
a _temporary_ use at a certain price--to engage a person to temporary
service for wages. That is also the meaning of the Hebrew word
"_saukar_." It is not used when the procurement of _permanent_ service
is spoken of. Now, we ask, would _permanent_ servants, those who
constituted a stationary part of the family, have been designated by the
same term that marks _temporary_ servants? The every-day distinction on
this subject, are familiar as table-talk. In many families the domestics
perform only the _regular_ work. Whatever is occasional merely, as the
washing of a family, is done by persons hired expressly for the purpose.
The familiar distinction between the two classes, is "servants," and
"hired help," (not _paid_ help.) _Both classes are paid_. One is
permanent, the other occasional and temporary, and therefore in this
case called "_hired_[A]."

[Footnote A: To suppose a servant robbed of his earnings because he is
not called a _hired_ servant is profound induction! If I employ a man at
twelve dollars a month to work my farm, he is my "_hired_" man, but if
_I give him such a portion of the crop_, or in other words, if he works
my farm "_on shares_," every farmer knows that he is no longer called my
"_hired_" man. Yet he works the same farm, in the same way, at the same
time, and with the same teams and tools; and does the same amount of
work in the year, and perhaps earns twenty dollars a month, instead of
twelve. Now as he is no longer called "_hired_," and as he still works
my farm, suppose my neighbours sagely infer, that since he is not my
"_hired_" laborer, I _rob_ him of his earnings and with all the gravity
of owls, pronounce the oracular decision, and hoot it abroad. My
neighbors are deep divers!--like some theological professors, they not
only go to the bottom but come up covered with the tokens.]

A variety of particulars are recorded distinguishing _hired_ from
_bought_ servants. (1.) Hired servants were paid daily at the close of
their work. Lev. xix 13; Deut. xxiv. 14, 15; Job. vii. 2; Matt. xx. 8.
"_Bought_" servants were paid in advance, (a reason for their being
called _bought_,) and those that went out at the seventh year received a
_gratuity_. Deut. xv. 12, 13. (2.) The "hired" were paid _in money_, the
"bought" received their _gratuity_, at least, in grain, cattle, and the
product of the vintage. Deut. xiv. 17. (3.) The "hired" _lived_ in their
own families, the "bought" were part of their masters' families. (4.)
The "hired" supported their families out of their wages: the "bought"
and their families were supported by the master _besides_ their wages.
The "bought" servants were, _as a class, superior to the hired_--were
more trust-worthy, had greater privileges, and occupied a higher station
in society. (1.) They were intimately incorporated with the family of
the masters, were guests at family festivals, and social solemnities,
from which hired servants were excluded. Lev. xxii. 10; Ex. xii, 43, 45.
(2.) Their interests were far more identified with those of their
masters' family. They were often, actually or prospectively, heirs of
their masters' estates, as in the case of Eliezer, of Ziba, and the sons
of Bilhah and Zilpah. When there were no sons, or when they were
unworthy, bought servants were made heirs. Prov. xvii. 2. We find traces
of this usage in the New Testament. "But when the husbandmen saw him,
they reasoned among themselves, saying, this is the _heir_, come let us
kill him, _that the inheritance may be ours._" Luke xx. 14. In no
instance does a _hired_ servant inherit his master's estate. (3.)
Marriages took place between servants and their master's daughters.
Sheshan had a _servant_, an Egyptian, whose name was Jarha. And Sheshan
gave his daughter to Jarha his servant to wife. 1 Chron. ii. 34, 35.
There is no instance of a _hired_ servant forming such an alliance. (4.)
Bought servants and their descendants were treated with the same
affection and respect as the other members of the family.[A]. The
treatment of Abraham's servants, Gen. xxv.--the intercourse between
Gideon and his servant, Judg. vii. 10, 11; Saul and his servant, 1 Sam.
iv. 5, 22; Jonathan and his servant, 1 Sam. xiv. 1-14, and Elisha and
his servant, are illustrations. No such tie seems to have existed
between _hired_ servants and their masters. Their untrustworthiness was
proverbial. John ix. 12, 13. None but the _lowest class_ engaged as
hired servants, and the kinds of labor assigned to them required little
knowledge and skill. Various passages show the low repute and trifling
character of the class from which they were hired. Judg. ix. 4; 1 Sam.
ii. 5. The superior condition of bought servants is manifest in the high
trusts confided to them, and in their dignity and authority in the
household. In no instance is a _hired_ servant thus distinguished. The
_bought_ servant is manifestly the master's representative in the
family--with plenipotentiary powers over adult children, even
negotiating marriage for them. Abraham adjured his servant not to take a
wife for Isaac of the daughters of the Canaanites. The servant himself
selected the individual. Servants also exercised discretionary power in
the management of their masters' estates, "And the servant took ten
camels of the camels of his master, _for all the goods of his master
were under his hand_." Gen. xxiv. 10. The reason assigned for taking
them, is not that such was Abraham's direction, but that the servant had
discretionary control. Servants had also discretionary power in the
_disposal of property_. See Gen. xxiv. 22, 23, 53. The condition of Ziba
in the house of Mephibosheth, is a case in point. So in Prov. xvii. 2.
Distinct traces of this estimation are to be found in the New Testament,
Matt. xxiv. 45; Luke xii, 42, 44. So in the parable of the talents; the
master seems to have set up each of his servants in trade with a large
capital. The unjust steward had large _discretionary_ power, was
"accused of wasting his master's goods," and manifestly regulated with
his debtors, the _terms_ of settlement. Luke xvi. 4-8. Such trusts were
never reposed in _hired_ servants.

[Footnote A: "For the _purchased servant_ who is an Israelite, or
proselyte, shall fare as his master. The master shall not eat fine
bread, and his servant bread of bran. Nor yet drink old wine, and give
his servant new; nor sleep on soft pillows, and bedding, and his servant
on straw. I say unto you, that he that gets a _purchased_ servant does
well to make him as his friend, or he will prove to his employer as if
he got himself a master."--Maimonides, in Mishna Kiddushim. Chap. 1,
Sec. 2.]

The inferior condition of _hired_ servants, is illustrated in the
parable of the prodigal son. When the prodigal, perishing with hunger
among the swine and husks, came to himself, his proud heart broke; "I
will arise," he cried, "and go to my father." And then to assure his
father of the depth of his humility, resolved to add, "Make me as one of
thy _hired_ servants." If _hired_ servants were the _superior_ class--to
apply for the situation, savored little of that sense of unworthiness
that seeks the dust with hidden face, and cries "unclean." Unhumbled
nature _climbs_; or if it falls, clings fast, where first it may.
Humility sinks of its own weight, and in the lowest deep, digs lower.
The design of the parable was to illustrate on the one hand, the joy of
God, as he beholds afar off, the returning sinner "seeking an injured
father's face" who runs to clasp and bless him with unchiding welcome;
and on the other, the contrition of the penitent, turning homeward with
tears from his wanderings, his stricken spirit breaking with its
ill-desert he sobs aloud. "The lowest place, _the lowest place_, I can
abide no other." Or in those inimitable words, "Father I have sinned
against Heaven, and in thy sight, and am no more worthy to be called thy
son; make me as one of thy HIRED servants." The supposition that _hired_
servants were the _highest_ class, takes from the parable an element of
winning beauty and pathos. It is manifest to every careful student of
the Bible, that _one_ class of servants, was on terms of equality with
the children and other members of the family. (Hence the force of Paul's
declaration, Gal. iv. 1, "Now I say unto you, that the heir, so long as
he is a child, DIFFERETH NOTHING FROM A SERVANT, though he be lord of
all.") If this were the _hired_ class, the prodigal was a sorry specimen
of humility. Would our Lord have put such language upon the lips of one
held up by himself, as a model of gospel humility, to illustrate its
deep sense of an ill-desert? If this is _humility_, put it on stilts,
and set it a strutting, while pride takes lessons, and blunders in
apeing it.

Israelites and Strangers, belonged indiscriminately to _each_ class of
the servants, the _bought_ and the _hired_. That those in the former
class, whether Jews or Strangers, rose to honors and authority in the
family circle, which were not conferred on _hired_ servants, has been
shown. It should be added, however, that in the enjoyment of privileges,
merely _political_, the hired servants from the _Israelites_, were more
favored than even the bought servants from the _Strangers_. No one from
the Strangers, however wealthy or highly endowed, was eligible to the
highest office, nor could he own the soil. This last disability seems to
have been one reason for the different periods of service required of
the two classes of bought servants--the Israelites and the Strangers.
The Israelite was to serve six years--the Stranger until the jubilee. As
the Strangers could not own the soil, nor even houses, except within
walled towns, most would attach themselves to Israelitish families.
Those who were wealthy, or skilled in manufactures, instead of becoming
servants would need servants for their own use, and as inducements for
the Stranger's to become servants to the Israelites, were greater than
persons of their own nation could hold out to them, these wealthy
Strangers would naturally procure the poorer Israelites for servants.
Lev. xxv. 47. In a word, such was the political condition of the
Strangers, that the Jewish polity offered a virtual bounty, to such as
would become permanent servants, and thus secure those privileges
already enumerated, and for their children in the second generation a
permanent inheritance. Ezek. xlvii. 21-23. None but the monied
aristocracy would be likely to decline such offers. On the other hand,
the Israelites, owning all the soil, and an inheritance of land being a
sacred possession, to hold it free of incumbrance was with every
Israelite, a delicate point, both of family honor and personal
character. 1 Kings xxi. 3. Hence, to forego the control of one's
inheritance, after the division of the paternal domain, or to be kept
out of it after having acceded to it, was a burden grievous to be borne.
To mitigate as much as possible such a calamity, the law released the
Israelitish servant at the end of six years[A]; as, during that time--if
of the first class--the partition of the patrimonial land might have
taken place; or, if of the second, enough money might have been earned
to disencumber his estate, and thus he might assume his station as a
lord of the soil. If neither contingency had occurred, then after
another six years the opportunity was again offered, and so on, until
the jubilee. So while strong motives urged the Israelite to discontinue
his service as soon as the exigency had passed which made him a servant,
every consideration impelled the _Stranger_ to _prolong_ his term of
service; and the same kindness which dictated the law of six years'
service for the Israelite, assigned as a general rule, a much longer
period to the Gentile servant, who had every inducement to protract the
term. It should be borne in mind, that adult Jews ordinarily became
servants, only as a temporary expedient to relieve themselves from
embarrassment, and ceased to be such when that object was effected. The
poverty that forced them to it was a calamity, and their service was
either a means of relief, or a measure of prevention; not pursued as a
permanent business, but resorted to on emergencies--a sort of episode in
the main scope of their lives. Whereas with the Strangers, it was a
_permanent employment_, pursued both as a _means_ of bettering their own
condition, and that of their posterity, and as an _end_ for its own
sake, conferring on them privileges, and a social estimation not
otherwise attainable.

[Footnote A: Another reason for protracting the service until the
seventh year, seems to have been the coincidence of that period with
other arrangements, in the Jewish economy. Its pecuniary
responsibilities, social relations, and general internal structure, were
_graduated_ upon a septennial scale. Besides as those Israelites who
became servants through poverty, would not sell themselves, till other
expedients to recruit their finances had failed--(Lev. xxv. 35)--their
_becoming servants_ proclaimed such a state of their affairs, as
demanded the labor of a _course of years_ fully to reinstate them.]

We see from the foregoing, why servants purchased from the heathen, are
called by way of distinction, _the_ servants, (not _bondmen_,) (1.) They
followed it as a _permanent business_. (2.) Their term of service was
_much longer_ than that of the other class. (3.) As a class they
doubtless greatly outnumbered the Israelitish servants. (4.) All the
Strangers that dwelt in the land were _tributaries_, required to pay an
annual tax to the government, either in money, or in public service,
(called a "_tribute of land-service_;") in other words, all the
Strangers were _national servants_ to the Israelites, and the same
Hebrew word used to designate _individual_ servants, equally designates
_national_ servants or tributaries. 2 Sam. viii. 2, 6, 14. 2 Chron.
viii. 7-9. Deut xx. 11. 2 Sam. x. 19. 1 Kings ix. 21, 22. 1 Kings iv.
21. Gen. xxvii. 29. The same word is applied to the Israelites, when
they paid tribute to other nations. 2 Kings xvii. 3. Judg. iii. 8, 14.
Gen. xlix. 15. Another distinction between the Jewish and Gentile bought
servants, was in their _kinds_ of service. The servants from the
Strangers were properly the _domestics_, or household servants, employed
in all family work, in offices of personal attendance, and in such
mechanical labor, as was required by increasing wants, and needed
repairs. The Jewish bought servants seem almost exclusively
_agricultural_. Besides being better fitted for it by previous
habits--agriculture, and the tending of cattle, were regarded by the
Israelites as the most honorable of all occupations. After Saul was
elected king, and escorted to Gibeah, the next report of him is, "_And
behold Saul came after the herd out of the field_." 1 Sam. xi. 7. Elisha
"was plowing with twelve yoke of oxen." 1 Kings xix. 19. King Uzziah
"loved husbandry." 2 Chron. xxvi. 10. Gideon _was "threshing wheat_"
when called to lead the host against the Midianites. Judg. vi. 11. The
superior honorableness of agriculture, is shown, in that it was
protected and supported by the fundamental law of the theocracy--God
indicating it as the chief prop of the government. The Israelites were
like permanent fixtures on their soil, so did they cling to it. To be
agriculturalists on their own inheritances, was with them the grand
claim to honorable estimation. Agriculture being pre-eminently a
_Jewish_ employment, to assign a native Israelite to other employments
as a business, was to break up his habits, do violence to cherished
predilections, and put him to a kind of labor in which he had no skill,
and which he deemed degrading. In short, it was in the earlier ages of
the Mosaic system, practically to _unjew_ him, a hardship and rigor
grievous to be borne, as it annihilated a visible distinction between
the descendants of Abraham and the Strangers.--_To guard this and
another fundamental distinction_, God instituted the regulation which
stands at the head of this branch of our inquiry, "If thy brother that
dwelleth by thee be waxen poor, and be sold unto thee, thou shalt not
compel him to serve as a bond-servant." In other words, thou shalt not
put him to servant's work--to the business, and into the condition of
domestics. In the Persian version it is translated thus, "Thou shalt not
assign to him the work of _servitude_." In the Septuagint, "He shall not
serve thee with the service of a _domestic_." In the Syriac, "Thou shalt
not employ him after the manner of servants." In the Samaritan, "Thou
shalt not require him to serve in the service of a servant." In the
Targum of Onkelos, "He shall not serve thee with the service of a
household servant." In the Targum of Jonathan, "Thou shalt not cause him
to serve according to the usages of the servitude of servants."[A] The
meaning of the passage is, _thou shalt not assign him to the same grade,
nor put him to the same service, with permanent domestics._ The
remainder of the regulation is,--"_But as an hired servant and as a
sojourner shall he be with thee._" Hired servants were not incorporated
into the families of their masters: they still retained their own family
organization, without the surrender of any domestic privilege, honor, or
authority; and this even though they resided under the same roof with
their master. While bought servants were associated with their master's
families at meals, at the Passover, and at other family festivals, hired
servants and sojourners were not. Ex. xii. 44, 45; Lev. xxii. 10, 11.
Hired servants were not subject to the authority of their masters in any
such sense as the master's wife, children, and bought servants. Hence
the only form of oppressing hired servants spoken of in the Scriptures
as practicable to masters, is that _of keeping back their wages_. To
have taken away such privileges in the case under consideration, would
have been pre-eminent "_rigor_," for it was not a servant born in the
house of a master, not a minor, whose minority had been sold by the
father, neither was it one who had not yet acceded to his inheritance:
nor finally, one who had received the _assignment_ of his inheritance,
but was working off from it an incumbrance, before entering upon its
possession and control. But it was that of _the head of a family_, who
had known better days, now reduced to poverty, forced to relinquish the
loved inheritance of his fathers, with the competence and respectful
consideration its possession secured to him, and to be indebted to a
neighbor for shelter, sustenance, and employment. So sad a reverse,
might well claim sympathy; but one consolation cheers him in the house
of his pilgrimage; he is an _Israelite--Abraham is his father_, and now
in his calamity he clings closer than ever, to the distinction conferred
by his birth-right. To rob him of this, were "the unkindest cut of all."
To have assigned him to a grade of service filled only by those whose
permanent business was serving, would have been to "rule over him with"
peculiar "rigor." "Thou shalt not compel him to serve as a
bond-servant," or literally, _thou shalt not serve thyself with him,
with the service of a servant_, guaranties his political privileges, and
a kind and grade of service, comporting with his character and relations
as an Israelite. And "as a _hired_ servant, and as a sojourner shall he
be with thee," secures to him his family organization, the respect and
authority due to its head, and the general consideration resulting from
such a station. Being already in possession of his inheritance, and the
head of a household, the law so arranged the conditions of his service
as to _alleviate_ as much as possible the calamity, which had reduced
him from independence and authority, to penury and subjection. The
import of the command which concludes this topic in the forty-third
verse, ("Thou shalt not rule over him with rigor,") is manifestly this,
you shall not disregard those differences in previous associations,
station, authority, and political privileges, upon which this regulation
is based; for to hold this class of servants _irrespective_ of these
distinctions, and annihilating them, is to "rule with rigor." The same
command is repeated in the forty-sixth verse, and applied to the
distinction between servants of Jewish, and those of Gentile extraction,
and forbids the overlooking of distinctive Jewish peculiarities, the
disregard of which would be _rigorous_ in the extreme[B]. The
construction commonly put upon the phrase "rule with rigor," and the
inference drawn from it, have an air vastly oracular. It is interpreted
to mean, "you shall not make him a chattel, and strip him of legal
protection, nor force him to work without pay." The inference is like
unto it, viz., since the command forbade such outrages upon the
Israelites, it permitted and commissioned their infliction upon the
Strangers. Such impious and shallow smattering captivates scoffers and
libertines; its flippancy and blasphemy, and the strong scent of its
loose-reined license works like a charm upon them. What boots it to
reason against such rampant affinities! In Ex. i. 13, it is said that
the Egyptians "made the children of Israel to _serve_ with rigor." This
rigor is affirmed of the _amount of labor_ extorted and the _mode_ of
the exaction. The expression, "serve with rigor," is never applied to
the service of servants under the Mosaic system. The phrase, "thou shalt
not RULE over him with rigor," does not prohibit unreasonable exactions
of labor, nor inflictions of cruelty. Such were provided against
otherwise. But it forbids confounding the distinctions between a Jew and
a Stranger, by assigning the former to the same grade of service, for
the same term of time, and under the same political disabilities as the
latter.