The Anti-Slavery Examiner, Part 1 of 4American Anti-Slavery Society
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The Anti-Slavery Examiner, Part 1 of 4
American Anti-Slavery Society
Antislavery movements -- United States -- Periodicals; Slavery -- United States -- Periodicals
[Footnote A: There is no evidence that masters had the power to dispose
even the _services_ of their servants, as men hire out their laborers
whom they employ by the year; but whether they had or not, affects not
the argument.]
Though servants were not bought of their masters, yet young females were
bought of their _fathers_. But their purchase as _servants_ was their
betrothal as wives. Ex. xxi. 7, 8. "If a man sell his daughter to be a
maid-servant, she shall not go out as the men-servants do. If she please
not her master WHO HATH BETROTHED HER TO HIMSELF, he shall let her be
redeemed."[B]
[Footnote B: The comment of Maimonides on this passage is as follows: "A
Hebrew handmaid might not be sold but to one who laid himself under
obligations, to espouse her to himself or to his son, when she was fit
to be betrothed."--_Maimonides--Hilcoth--Obedim_, Ch. IV. Sec. XI.
Jarchi, on the same passage, says, "He is bound to espouse her and take
her to be his wife, for the _money of her purchase_ is the money of her
espousal."]
VII. We infer that the Hebrew servant was voluntary in COMMENCING his
service, because he was pre-eminently so IN CONTINUING it. If, at the
year of release, it was the servant's _choice_ to remain with his
master, law required his ear to be bored by the judges of the land, thus
making it impossible for him to be held against his will. Yea more, his
master was _compelled_ to keep him, however much he might wish to get
rid of him.
VIII. The method prescribed for procuring servants, was an appeal to
their choice. The Israelites were commanded to offer them a suitable
inducement, and then leave them to decide. They might neither seize them
by _force_, nor frighten them by _threats_, nor wheedle them by false
pretences, nor _borrow_ them, nor _beg_ them; but they were commanded to
buy them[A]; that is, they were to recognize the _right_ of the
individuals to _dispose_ of their own services, and their right to
_refuse all offers_, and thus oblige those who made them, _to do their
own work_. Suppose all, with one accord, had _refused_ to become
servants, what provision did the Mosaic law make for such an emergency?
NONE.
[Footnote A: The case of thieves, whose services were sold until they
had earned enough to make restitution to the person wronged, and to pay
the legal penalty, _stands by itself,_ and has nothing to do with the
condition of servants.]
IX. Various incidental expressions corroborate the idea that servants
became such by their own contract. Job xli. 4, is an illustration, "Will
he (Leviathan) make a COVENANT with thee? wilt thou take him for a
SERVANT forever?"
X. The transaction which made the Egyptians the SERVANTS OF PHARAOH was
voluntary throughout. See Gen. xlvii. 18-26. Of their own accord they
came to Joseph and said, "We have not aught left but our _bodies_ and
our lands; _buy us_;" then in the 25th verse, "we will be servants to
Pharaoh."
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