A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional PartyDabney, Robert Lewis
History
A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional Party
Dabney, Robert Lewis
Slavery -- Justification; Slavery -- United States; Slavery -- United States -- History; Slavery -- Virginia
Fourth. It is said that Moses himself commanded that a runaway slave
should not be surrendered to his master; thereby plainly teaching that
slaves had a right to their liberty, if they could escape. This, it is
urged, proves that there must be some mistake in our conclusions. Of
course, this passage is quoted triumphantly as settling the question
against the fugitive slave-law, required by the late Constitution of
the United States. It is found in Deuteronomy xxiii. 15, 16: "Thou
shalt not deliver unto his master the servant which is escaped from
his master unto thee: he shall dwell with thee, even among you, in
that place which he shall choose in one of thy gates, where it liketh
him best; thou shalt not oppress him."
We need no better answer to this citation, than that given by a
Northern divine already named, who is no friend to slavery, Rev. Moses
Stuart. He says: "The first inquiry of course is: Where does his
master live? Among the Hebrews or among foreigners? The language of
the passage fully developes this, and answers the question. He has
'escaped from his master unto the Hebrews.' (The text says, unto
_thee_, i. e., Israel.) 'He shall dwell with thee, even among you, in
one of thy gates.' Of course then, he is an immigrant, and did not
dwell among them before his flight. If he had been a Hebrew servant,
belonging to a Hebrew, the whole face of the thing would be changed.
Restoration or restitution, if we may judge by the tenour of other
property laws among the Hebrews, would have surely been enjoined. But,
be that as it may, the language of the text puts it beyond a doubt,
that the servant is a foreigner and has fled from a heathen master."
Mr. Stuart then proceeds to assign obvious reasons why a foreign
servant escaping from a heathen master was not to be restored: that
the bondage from which he escaped was inordinately cruel, including
the power of murder for any caprice; and that to force him back was to
remand him to the darkness of heathenism, and to rob him of the light
of true religion, which shone in the land of the Hebrews alone. He
adds: "But if we put now the other case, viz.: that of escape from a
Hebrew master, who claimed and enjoyed Hebrew rights, is not the case
greatly changed? Who could take from him the property which the Mosaic
law gave him a right to hold? Neither the bondsman himself, nor the
neighbours of the master to whom the fugitive might come. Reclamation
of him could be lawfully made, and therefore must be enforced." This
explanation forces itself upon our common sense. To suppose that Moses
could so formally authorize and define slavery among the Hebrews, and
then enact that every slave might gain his liberty by merely stepping
over the brook or imaginary line which separated the little cantons
of the tribes from each other, or even by going to the next house of
his master's neighbours, and claiming protection, whenever petulance,
or caprice, or laziness should move him thereto; this is absurd; it is
Public-domain text, read in full here on John Shaqi.
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