“And if a sojourner or a stranger wax rich by thee, and thy brother that
dwelleth by him wax poor, and sell himself unto the stranger or
sojourner by thee, or to the stock of the stranger’s family; after that
he is sold, he may be redeemed again; and one of his brethren may redeem
him. Either his uncle or his uncle’s son may redeem him, or any that is
nigh of kin unto his family may redeem him; or, if he be able, he may
redeem himself: * * * and if he be not redeemed in one of these
years,—then he shall go out in the year of Jubilee, both he and his
children with him.” _Lev._ xxv. 47–54. “Now these are the judgments
which ye shall set before them. If ye buy an Hebrew servant, six years
shall he serve, and in the seventh he shall go out free for nothing. If
he came in by himself, he shall go out by himself; if he were married,
then his wife shall go out with him. If his master have given him a
wife, and she have borne him sons or daughters, the wife and her
children shall be her master’s, and he shall go out by himself; and if
the servant shall plainly say, ‘I love my master, my wife, and my
children; I will not go out free,’—then his master shall bring him unto
the judges; he shall bring him unto the door, or unto the door-post, and
his master shall bore his ear through with an awl, and he shall serve
him for ever.” _Ex._ xxi. 1–6.
It is clear, then, that “to contract and consent,” or the reverse, is no
part of the qualities of slavery. Erase, then, that portion of Dr.
Paley’s definition as surplusage; it will then read, “an obligation to
labour for the benefit of the master.”
Now, there can be no obligation to do a thing where there is no possible
power to do it; and more especially, if there is no contract. But it
does not unfrequently occur, that a slave, from its infancy, old age,
idiocy, delirium, disease, or other infirmity, has no power to labour
for the benefit of the master; and the want of such ability may be
obviously as permanent as life, so as to exclude the idea of any
prospective benefit. Yet the law compels the master to supply food,
clothes, medicine, pay taxes on, and every way suitably protect such
slave, greatly to the disadvantage of the master. Or, a case might be,
for it is presumable, that the master, from some obliqueness of
understanding, might not wish some slave, even in good health, to labour
at all, but would prefer, at great expense, to maintain such slave in
luxury and idleness, clothed in purple and fine linen, and faring
sumptuously every day: surely, such slave, would be under no obligation
to labour for the benefit of the master, when, to do so, would be acting
contrary to his will and command. Yet none of these circumstances make
the slave a freeman, or alter at all the essentials of slavery.
Public-domain text, read in full here on John Shaqi.
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