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An Appeal to the Christian Women of the South · Angelina Emily Grimké — chapter 2 of 5 · ~2,738 words · public domain

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2. If thou buy a Hebrew servant, six years shall he serve, and in the seventh year he shall go out free for nothing. Ex. xxi, 2.

3. If he come in by himself, he shall go out by himself; if he were married, then his wife shall go out with him.

4. If his master have given him a wife and she have borne him sons and daughters, the wife and her children shall be his master's, and he shall go out by himself.

5. 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, and he shall bring him to the door, or unto the door-post, and his master shall bore his ear through with an awl, and he shall serve him forever. Ex. xxi, 5-6.

6. If a man smite the eye of his servant, or the eye of his maid, that it perish, he shall let him go free for his eye's sake. And if he smite out his man servant's tooth or his maid servant's tooth, he shall let him go free for his tooth's sake. Ex. xxi, 26, 27.

7. On the Sabbath rest was secured to servants by the fourth commandment. Ex. xx, 10.

8. Servants were permitted to unite with their masters three times in every year in celebrating the Passover, the feast of Pentecost, and the feast of Tabernacles; every male throughout the land was to appear before the Lord at Jerusalem with a gift; here the bond and the free stood on common ground. Deut. xvi.

9. If a man smite his servant or his maid with a rod, and he die under his hand, he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished, for he is his money. Ex. xxi, 20, 21.

From these laws we learn that Hebrew men servants were bound to serve their masters only six years, unless their attachment to their employers their wives and children, should induce them to wish to remain in servitude, in which case, in order to prevent the possibility of deception on the part of the master, the servant was first taken before the magistrate, where he openly declared his intention of continuing in his master's service, (probably a public register was kept of such) he was then conducted to the door of the house, (in warm climates doors are thrown open,) and there his ear was publicly bored, and by submitting to this operation he testified his willingness to serve him forever, i.e. during his life, for Jewish Rabbins who must have understood Jewish slavery, (as it is called,) "affirm that servants were set free at the death of their masters and did not descend to their heirs:" or that he was to serve him until the year of Jubilee, when all servants were set at liberty. To protect servants from violence, it was ordained that if a master struck out the tooth or destroyed the eye of a servant, that servant immediately became free, for such an act of violence evidently showed he was unfit to possess the power of a master, and therefore that power was taken from him. All servants enjoyed the rest of the Sabbath and partook of the privileges and festivities of the three great Jewish Feasts; and if a servant died under the infliction of chastisement, his master was surely to be punished. As a tooth for a tooth and life for life was the Jewish law, of course he was punished with death. I know that great stress has been laid upon the following verse: "Notwithstanding, if he continue a day or two, he shall not be punished, for he is his money."

Slaveholders, and the apologists of slavery, have eagerly seized upon this little passage of scripture, and held it up as the masters' Magna Charta, by which they were licensed by God himself to commit the greatest outrages upon the defenceless victims of their oppression. But, my friends, was it designed to be so? If our Heavenly Father would protect by law the eye and the tooth of a Hebrew servant, can we for a moment believe that he would abandon that same servant to the brutal rage of a master who would destroy even life itself. Do we not rather see in this, the only law which protected masters, and was it not right that in case of the death of a servant, one or two days after chastisement was inflicted, to which other circumstances might have contributed, that the master should be protected when, in all probability, he never intended to produce so fatal a result? But the phrase "he is his money" has been adduced to show that Hebrew servants were regarded as mere things, "chattels personal;" if so, why were so many laws made to secure their rights as men, and to ensure their rising into equality and freedom? If they were mere things, why were they regarded as responsible beings, and one law made for them as well as for their masters? But I pass on now to the consideration of how the female Jewish servants were protected by law.

1. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto another nation he shall have no power, seeing he hath dealt deceitfully with her.

2. If he have betrothed her unto his son, he shall deal with her after the manner of daughters.

3. If he take him another wife, her food, her raiment, and her duty of marriage, shall he not diminish.

4. If he do not these three unto her, then shall she go out free without money.

On these laws I will give you Calmet's remarks; "A father could not sell his daughter as a slave, according to the Rabbins, until she was at the age of puberty, and unless he were reduced to the utmost indigence. Besides when a master bought an Israelitish girl, it was always with the presumption that he would take her to wife. Hence Moses adds, 'if she please not her master, and he does not think fit to marry her, he shall set her at liberty,' or according to the Hebrew, 'he shall let her be redeemed.' 'To sell her to another nation he shall have no power, seeing he hath dealt deceitfully with her;' as to the engagement implied, at least of taking her to wife. 'If he have betrothed her unto his son, he shall deal with her after the manner of daughters, i.e. he shall take care that his son uses her as his wife, that he does not despise or maltreat her. If he make his son marry another wife, he shall give her her dowry, her clothes and compensation for her virginity; if he does none of these three, she shall go out free without money." Thus were the rights of female servants carefully secured by law under the Jewish Dispensation; and now I would ask, are the rights of female slaves at the South thus secured? Are they sold only as wives and daughters-in-law, and when not treated as such, are they allowed to go out free? No! They have all not only been illegally obtained as servants according to Hebrew law, but they are also illegally held in bondage. Masters at the South and West have all forfeited their claims, (if they ever had any,) to their female slaves.

We come now to examine the case of those servants who were "of the heathen round about;" Were they left entirely unprotected by law? Horne in speaking of the law, "Thou shalt not rule over him with rigor, but shall fear thy God," remarks, "this law Lev. xxv, 43, it is true speaks expressly of slaves who were of Hebrew descent; but as alien born slaves were ingrafted into the Hebrew Church by circumcision, there is no doubt but that it applied to all slaves;" if so, then we may reasonably suppose that the other protective laws extended to them also; and that the only difference between Hebrew and Heathen servants lay in this, that the former served but six years unless they chose to remain longer, and were always freed at the death of their masters; whereas the latter served until the year of Jubilee, though that might include a period of forty-nine years,--and were left from father to son.

There are however two other laws which I have not yet noticed. The one effectually prevented all involuntary servitude, and the other completely abolished Jewish servitude every fifty years. They were equally operative upon the Heathen and the Hebrew.

1. "Thou shall not deliver unto his master the servant that 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 shall not oppress him." Deut. xxiii, 15, 16.

2. "And ye shall hallow the fiftieth year, and proclaim Liberty throughout all the land, unto all the inhabitants thereof: it shall be a jubilee unto you." Lev. xxv, 10.

Here, then, we see that by this first law, the door of Freedom was opened wide to every servant who had any cause whatever for complaint; if he was unhappy with his master, all he had to do was to leave him, and no man had a right to deliver him back to him again, and not only so, but the absconded servant was to choose where he should live, and no Jew was permitted to oppress him. He left his master just as our Northern servants leave us; we have no power to compel them to remain with us, and no man has any right to oppress them; they go and dwell in that place where it chooseth them, and live just where they like. Is it so at the South? Is the poor runaway slave protected by law from the violence of that master whose oppression and cruelty has driven him from his plantation or his house? No! no! Even the free states of the North are compelled to deliver unto his master the servant that is escaped from his master into them. By human law, under the Christian Dispensation, in the nineteenth century we are commanded to do, what God more than three thousand years ago, under the Mosaic Dispensation, positively commanded the Jews not to do. In the wide domain even of our free states, there is not one city of refuge for the poor runaway fugitive; not one spot upon which he can stand and say, I am a free man--I am protected in my rights as a man, by the strong arm of the law; no! not one. How long the North will thus shake hands with the South in sin, I know not. How long she will stand by like the persecutor Saul, consenting unto the death of Stephen, and keeping the raiment of them that slew him. I know not; but one thing I do know, the guilt of the North is increasing in a tremendous ratio as light is pouring in upon her on the subject and the sin of slavery. As the sun of righteousness climbs higher and higher in the moral heavens, she will stand still more and more abashed as the query is thundered down into her ear, "Who hath required this at thy hand?" It will be found no excuse then that the Constitution of our country required that persons bound to service escaping from their masters should be delivered up; no more excuse than was the reason which Adam assigned for eating the forbidden fruit. He was condemned and punished because he hearkened to the voice of his wife, rather than to the command of his Maker; and we will assuredly be condemned and punished for obeying Man rather than God, if we do not speedily repent and bring forth fruits meet for repentance. Yea, are we not receiving chastisement even now?

But by the second of these laws a still more astonishing fact is disclosed. If the first effectually prevented all involuntary servitude, the last absolutely forbade even voluntary servitude being perpetual. On the great day of atonement every fiftieth year the Jubilee trumpet was sounded throughout the land of Judea, and Liberty was proclaimed to all the inhabitants thereof. I will not say that the servants' chains fell off and their manacles were burst, for there is no evidence that Jewish servants ever felt the weight of iron chains, and collars, and handcuffs; but I do say that even the man who had voluntarily sold himself and the heathen who had been sold to a Hebrew master, were set free, the one as well as the other. This law was evidently designed to prevent the oppression of the poor, and the possibility of such a thing as perpetual servitude existing among them.

Where, then, I would ask, is the warrant, the justification, or the palliation of American Slavery from Hebrew servitude? How many of the southern slaves would now be in bondage according to the laws of Moses; Not one. You may observe that I have carefully avoided using the term slavery when speaking of Jewish servitude; and simply for this reason, that no such thing existed among that people; the word translated servant does not mean slave, it is the same that is applied to Abraham, to Moses, to Elisha and the prophets generally. Slavery then never existed under the Jewish Dispensation at all, and I cannot but regard it as an aspersion on the character of Him who is "glorious in Holiness" for any one to assert that "God sanctioned, yea commanded slavery under the old dispensation." I would fain lift my feeble voice to vindicate Jehovah's character from so foul a slander. If slaveholders are determined to hold slaves as long as they can, let them not dare to say that the God of mercy and of truth ever sanctioned such a system of cruelty and wrong. It is blasphemy against Him.

We have seen that the code of laws framed by Moses with regard to servants was designed to protect them as men and women, to secure to them their rights as human beings, to guard them from oppression and defend them from violence of every kind. Let us now turn to the Slave laws of the South and West and examine them too. I will give you the substance only, because I fear I shall tresspass too much on your time, were I to quote them at length.

1. Slavery is hereditary and perpetual, to the last moment of the slave's earthly existence, and to all his descendants to the latest posterity.

2. The labor of the slave is compulsory and uncompensated; while the kind of labor, the amount of toil, the time allowed for rest, are dictated solely by the master. No bargain is made, no wages given. A pure despotism governs the human brute; and even his covering and provender, both as to quantity and quality, depend entirely on the master's discretion.

3. The slave being considered a personal chattel may be sold or pledged, or leased at the will of his master. He may be exchanged for marketable commodities, or taken in execution for the debts or taxes either of a living or dead master. Sold at auction, either individually, or in lots to suit the purchaser, he may remain with his family, or be separated from them for ever.

4. Slaves can make no contracts and have no legal right to any property, real or personal. Their own honest earnings and the legacies of friends belong in point of law to their masters.

5. Neither a slave nor a free colored person can be a witness against any white, or free person, in a court of justice, however atrocious may have been the crimes they have seen him commit, if such testimony would be for the benefit of a slave; but they may give testimony against a fellow slave, or free colored man, even in cases affecting life, if the master is to reap the advantage of it.

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