Читать книгу The Bible Against Slavery: Human Rights Laws Written in the Holy Scripture - Theodore Dwight Weld - Страница 4

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If we would know whether the Bible sanctions slavery, we must determine what slavery is. A constituent element, is one thing; a relation, another; an appendage, another. Relations and appendages presuppose other things to which they belong. To regard them as the things themselves, or as constituent parts of them, leads to endless fallacies. A great variety of conditions, relations, and tenures, indispensable to the social state, are confounded with slavery; and thus slaveholding becomes quite harmless, if not virtuous. We will specify some of those.

1. Privation of suffrage. Then minors are slaves.

2. Ineligihility to office. Then females are slaves.

3. Taxation without representation. Then slaveholders in the District of Columbia are slaves.

4. Privation of one's oath in law. Then disbelievers in a future retribution are slaves.

5. Privation of trial by jury. Then all in France and Germany are slaves.

6. Being required to support a particular religion. Then the people of England are slaves. (To the preceding may be added all other disabilities, merely political.)

7. Cruelty and oppression. Wives, children, and hired domestics are often oppressed; but these forms of cruelty are not slavery.

8. Apprenticeship. The rights and duties of master and apprentice are correlative and reciprocal. The claim of each upon the other results from his obligation to the other. Apprenticeship is based on the principle of equivalent for value received. The rights of the apprentice are secured, equally with those of the master. Indeed, while the law is just to the master, it is benevolent to the apprentice. Its main design is rather to benefit the apprentice than the master. It promotes the interests of the former, while in doing it, it guards from injury those of the latter. To the master it secures a mere legal compensation—to the apprentice, both a legal compensation and a virtual gratuity in addition, he being of the two the greatest gainer. The law not only recognizes the right of the apprentice to a reward for his labor, but appoints the wages, and enforces the payment. The master's claim covers only the services of the apprentice. The apprentice's claim covers equally the services of the master. Neither can hold the other as property; but each holds property in the services of the other, and both equally. Is this slavery?

9. Filial subordination and parental claims. Both are nature's dictates and intrinsic elements of the social state; the natural affections which blend parent and child in one, excite each to discharge those offices incidental to the relation, and constitute a shield for mutual protection. The parent's legal claim to the child's services, while a minor, is a slight return for the care and toil of his rearing, to say nothing of outlays for support and education. This provision is, with the mass of mankind, indispensable to the preservation of the family state. The child, in helping his parents, helps himself—increases a common stock, in which he has a share; while his most faithful services do but acknowledge a debt that money cannot cancel.

10. Bondage for crime. Must innocence be punished because guilt suffers penalties? True, the criminal works for the government without pay; and well he may. He owes the government. A century's work would not pay its drafts on him. He is a public defaulter, and will die so. Because laws make men pay their debts, shall those be forced to pay who owe nothing? The law makes no criminal, property. It restrains his liberty, and makes him pay something, a mere penny in the pound, of his debt to the government; but it does not make him a chattel. Test it. To own property, is to own its product. Are children born of convicts, government property? Besides, can property be guilty? Are chattels punished?

11. Restraints upon freedom. Children are restrained by parents—pupils, by teachers—patients, by physicians—corporations, by charters—and legislatures, by constitutions. Embargoes, tariffs, quarantine, and all other laws, keep men from doing as they please. Restraints are the web of society, warp and woof. Are they slavery? then civilized society is a giant slave—a government of law, the climax of slavery, and its executive, a king among slaveholders.

12. Compulsory service. A juryman is empannelled against his will, and sit he must. A sheriff orders his posse; bystanders must turn in. Men are compelled to remove nuisances, pay fines and taxes, support their families, and "turn to the right as the law directs," however much against their wills. Are they therefore slaves? To confound slavery with involuntary service is absurd. Slavery is a condition. The slave's feelings toward it, are one thing; the condition itself, is another thing; his feelings cannot alter the nature of that condition. Whether he desires or detests it, the condition remains the same. The slave's willingness to be a slave is no palliation of the slaveholder's guilt. Suppose the slave should think himself a chattel, and consent to be so regarded by others, does that make him a chattel, or make those guiltless who hold him as such? I may be sick of life, and I tell the assassin so that stabs me; is he any the less a murderer? Does my consent to his crime, atone for it? my partnership in his guilt, blot out his part of it? The slave's willingness to be a slave, so far from lessening the guilt of the "owner," aggravates it. If slavery has so palsied his mind that he looks upon himself as a chattel, and consents to be one, actually to hold him as such, falls in with his delusion, and confirms the impious falsehood. These very feelings and convictions of the slave, (if such were possible) increase a hundred fold the guilt of the master, and call upon him in thunder, immediately to recognize him as a man, and thus break the sorcery that cheats him out of his birthright—the consciousness of his worth and destiny.

Many of the foregoing conditions are appendages of slavery. But no one, nor all of them together, constitute its intrinsic unchanging element.

We proceed to state affirmatively that, enslaving men is reducing them to articles of property—making free agents, chattels—converting persons, into things—sinking immortality, into merchandize. A slave is one held in this condition. In law, "he owns nothing, and can acquire nothing." His right to himself is abrogated. If he say my hands, my feet, my body, my mind, myself, they are figures of speech. To use himself for his own good, is a crime. To keep what he earns, is stealing. To take his body into his own keeping, is insurrection. In a word, the profit of his master is made the end of his being, and he, a mere means to that end—a mere means to an end into which his interests do not enter, of which they constitute no portion.¹Man, sunk to a thing! the intrinsic element, the principle of slavery; men, bartered, leased, mortgaged, bequeathed, invoiced, shipped in cargoes, stored as goods, taken on executions, and knocked off at public outcry! Their rights, another's conveniences; their interests, wares on sale; their happiness, a household utensil; their personal inalienable ownership, a serviceable article, or a plaything, as best suits the humor of the hour; their deathless nature, science, social affections, sympathies, hopes—marketable commodities! We repeat it, the reduction of persons to things; not robbing a man of privileges, but of himself; not loading with burdens, but making him a beast of burden; not restraining liberty, but subverting it; not curtailing rights, but abolishing them; not inflicting personal cruelty, but annihilating personality; not exacting involuntary labor, but sinking him into an implement of labor; not abridging human comforts, but abrogating human nature; not depriving an animal of immunities, but despoiling a rational being of attributes—uncreating a man, to make room for a thing!

That this is American slavery, is shown by the laws of slave states. Judge Stroud, in his "Sketch of the Laws relating to Slavery," says, "The cardinal principle of slavery, that the slave is not to be ranked among sentient beings, but among things—obtains as undoubted law in all of these (the slave) states." The law of South Carolina thus lays down the principle, "Slaves shall be deemed, held, taken, reputed, and adjudged in law to be chattels personal in the hands of their owners and possessors, and their executors, administrators, and assigns, to all intents, constructions, and purposes whatsoever."—Brevard's Digest, 229. In Louisiana, "A slave is one who is in the power of a master to whom he belongs; the master may sell him, dispose of his person, his industry, and his labor; he can do nothing, possess nothing, nor acquire any thing, but what must belong to his master."—Civ. Code of Louisiania, Art. 35.

This is American slavery. The eternal distinction between a person and a thing, trampled under foot—the crowning distinction of all others—alike the source, the test, and the measure of their value—the rational, immortal principle, consecrated by God to universal homage, in a baptism of glory and honor by the gift of His Son, His Spirit, His word, His presence, providence, and power; His shield, and staff, and sheltering wing; His opening heavens, and angels ministering, and chariots of fire, and songs of morning stars, and a great voice in heaven, proclaiming eternal sanctions, and confirming the word with signs following.

Having stated the principle of American slavery, we ask, Does the Bible sanction such a principle?² "To the law and the "testimony?" First, the moral law. Just after the Israelites were emancipated from their bondage in Egypt, while they stood before Sinai to receive the law, as the trumpet waxed louder, and the mount quaked and blazed, God spake the ten commandments from the midst of clouds and thunderings. Two of those commandments deal death to slavery. "Thou shalt not steal," or, "thou shalt not take from another what belongs to him." All man's powers are God's gift to him. That they are his own, is proved from the fact that God has given them to him alone,—that each of them is a part of himself, and all of them together constitute himself. All else that belongs to man, is acquired by the use of these powers. The interest belongs to him, because the principal does; the product is his, because he is the producer. Ownership of any thing, is ownership of its use. The right to use according to will, is itself ownership. The eighth commandment presupposes and assumes the right of every man to his powers, and their product. Slavery robs of both. A man's right to himself, is the only right absolutely original and intrinsic—his right to whatever else that belongs to him is merely relative to this, is derived from it, and held only by virtue of it. Self-right is the foundation right—the post in the middle, to which all other rights are fastened. Slaveholders, when talking about their right to their slaves, always assume their own right to themselves. What slaveholder ever undertook to prove his right to himself? He knows it to be a self-evident proposition, that a man belongs to himself—that the right is intrinsic and absolute. In making out his own title, he makes out the title of every human being. As the fact of being a man is itself the title, the whole human family have one common title deed. If one man's title is valid, all are valid. If one is worthless, all are. To deny the validity of the slave's title is to deny the validity of his own; and yet in the act of making a man a slave, the slaveholder asserts the validity of his own title, while he seizes him as his property who has the same title. Further, in making him a slave, he does not merely disfranchise the humanity of one individual, but of universal man. He destroys the foundations. He annihilates all rights. He attacks not only the human race, but universal being, and rushes upon Jehovah. For rights are rights; God's are no more—man's are no less.

The eighth commandment forbids the taking of any part of that which belongs to another. Slavery takes the whole. Does the same Bible which prohibits the taking of any thing from him, sanction the taking of every thing? Does it thunder wrath against him who robs his neighbor of a cent, yet bid God speed to him who robs his neighbor of himself? Slaveholding is the highest possible violation of the eighth commandment. To take from a man his earnings, is theft. But to take the earner, is a compound, life-long theft—supreme robbery, that vaults up the climax at a leap—the dread, terrific, giant robbery, that towers among other robberies a solitary horror, monarch of the realm. The eighth commandment forbids the taking away, and the tenth adds, "thou shalt not covet any thing that is thy neighbor's;" thus guarding every man's right to himself and his property, by making not only the actual taking away a sin, but even that state of mind which would tempt to it. Who ever made human beings slaves, without coveting them? Why take from them their time, labor, liberty, right of self-preservation and improvement, their right to acquire property, to worship according to conscience, to search the Scriptures, to live with their families, and their right to their own bodies, if they do not desire them? They covet them for purposes of gain, convenience, lust of dominion, of sensual gratification, of pride and ostentation. They break the tenth commandment, and pluck down upon their heads the plagues that are written in the book.—Ten commandments constitute the brief compend of human duty.—Two of these brand slavery as sin.

The giving of the law at Sinai, immediately preceded the promulgation of that body of laws called the "Mosaic system." Over the gateway of that system, fearful words were written by the finger of God—"He that stealeth a man and selleth him, or if he be found in his hand, he shall surely be put to death." Ex. xxi. 16.

The oppression of the Israelites in Egypt, and the wonders wrought for their deliverance, proclaim the reason for such a law at such a time—when the body politic became a theocracy, and reverently waited for the will of God. They had just been emancipated. The tragedies of their house of bondage were the realities of yesterday, and peopled their memories with thronging horrors. They had just witnessed God's testimony against oppression in the plagues of Egypt—the burning blains on man and beast—the dust quickened into loathsome life, and swarming upon every living thing—the streets, the palaces, the temples, and every house heaped up with the carcases of things abhorred—the kneading troughs and ovens, the secret chambers and the couches, reeking and dissolving with the putrid death—the pestilence walking in darkness at noonday, the devouring locusts, and hail mingled with fire, the first-born death-struck, and the waters blood, and last of all, that dread high hand and stretched-out arm, that whelmed the monarch and his hosts, and strewed their corpses on the sea. All this their eyes had looked upon,—earth's proudest city, wasted and thunder-scarred, lying in desolation, and the doom of oppressors traced on her ruins in the hand writing of God, glaring in letters of fire mingled with blood—a blackened monument of wrath to the uttermost against the stealers of men. No wonder that God, in a code of laws prepared for such a people at such a time, should light up on its threshold a blazing beacon to flash terror on slaveholders. "He that stealeth a man and selleth him, or if he be found in his hand, he shall surely be put to death." Ex. xxi. 16. Deut. xxiv. 7.³ God's cherubim and flaming sword guarding the entrance to the Mosaic system!

The word Gānăbh here rendered stealeth, means the taking what belongs to another, whether by violence or fraud; the same word is used in the eighth commandment, and prohibits both robbery and theft.

The crime specified, is that of depriving somebody of the ownership of a man. Is this somebody a master? and is the crime that of depriving a master of his servant? Then it would have been "he that stealeth" a servant, not "he that stealeth a man." If the crime had been the taking an individual from another, then the term used would have been expressive of that relation, and most especially if it was the relation of property and proprietor!

The crime is stated in a three-fold form—man stealing, selling, and holding. All are put on a level, and whelmed under one penalty—DEATH. This somebody deprived of the ownership of a man, is the man himself, robbed of personal ownership. Joseph said, "Indeed I was stolen away out of the land of the Hebrews." Gen. xl. 15. How stolen? His brethren sold him as an article of merchandize. Contrast this penalty for man-stealing with that for property-stealing, Ex. xxii. If a man had stolen an ox and killed or sold it, he was to restore five oxen; if he had neither sold nor killed it, two oxen. But in the case of stealing a man, the first act drew down the utmost power of punishment; however often repeated, or aggravated the crime, human penalty could do no more. The fact that the penalty for man-stealing was death, and the penalty for property-stealing, the mere restoration of double, shows that the two cases were adjudicated on totally different principles. The man stolen might be past labor, and his support a burden, yet death was the penalty, though not a cent's worth of property value was taken. The penalty for stealing property was a mere property penalty. However large the theft, the payment of double wiped out the score. It might have a greater money value than a thousand men, yet death was not the penalty, nor maiming, nor branding, nor even stripes, but double of the same kind. Why was not the rule uniform? When a man was stolen why was not the thief required to restore double of the same kind—two men, or if he had sold him, five men? Do you say that the man-thief might not have them? So the ox-thief might not have two oxen, or if he had killed it, five. But if God permitted men to hold men as property, equally with oxen, the man-thief could get men with whom to pay the penalty, as well as the ox-thief, oxen. Further, when property was stolen, the legal penalty was a compensation to the person injured. But when a man was stolen, no property compensation was offered. To tender money as an equivalent, would have been to repeat the outrage with intolerable aggravations. Compute the value of a man in money! Throw dust into the scale against immortality! The law recoiled from such supreme insult and impiety. To have permitted the man-thief to expiate his crime by restoring double, would have been making the repetition of crime its atonement. But the infliction of death for man-stealing exacted the utmost possibility of reparation. It wrung from the guilty wretch as he gave up the ghost, a testimony in blood, and death-groans, to the infinite dignity and worth of man,—a proclamation to the universe, voiced in mortal agony, "man is inviolable."—a confession shrieked in phrenzy at the grave's mouth—"I die accursed, and God is just."

If God permitted man to hold man as property, why did he punish for stealing that kind of property infinitely more than for stealing any other kind of property? Why did he punish with death for stealing a very little of that sort of property, and make a mere fine, the penalty for stealing a thousand times as much, of any other sort of property—especially if God did by his own act annihilate the difference between man and property, by putting him on a level with it?

The atrociousness of a crime, depends much upon the nature, character, and condition of the victim. To steal is a crime, whoever the thief, or whatever the plunder. To steal bread from a full man, is theft; to steal it from a starving man, is both theft and murder. If I steal my neighbor's property, the crime consists not in altering the nature of the article, but in shifting its relation from him to me. But when I take my neighbor himself, and first make him property, and then my property, the latter act, which was the sole crime in the former case, dwindles to nothing. The sin in stealing a man, is not the transfer from its owner to another of that which is already property, but the turning of personality into property. True, the attributes of man remain, but the rights and immunities which grow out of them are annihilated. It is the first law both of reason and revelation to regard things and beings as they are; and the sum of religion, to feel and act toward them according to their value. Knowingly to treat them otherwise is sin; and the degree of violence done to their nature, relations, and value, measures its guilt. When things are sundered which God has indissolubly joined, or confounded in one, which he has separated by infinite extremes; when sacred and eternal distinctions, which he has garnished with glory, are derided and set at nought, then, if ever, sin reddens to its "scarlet dye." The sin specified in the passage, is that of doing violence to the nature of a man—to his intrinsic value as a rational being, and blotting out the exalted distinction stamped upon him by his Maker. In the verse preceding, and in that which follows, the same principle is laid down. Verse 15, "He that smiteth his father or his mother shall surely be put to death." V. 17, "He that curseth his father or his mother, shall surely be put to death." If a Jew smote his neighbor, the law merely smote him in return; but if the blow was given to a parent, it struck the smiter dead. The parental relation is the centre of human society. God guards it with peculiar care. To violate that, is to violate all. Whoever trampled on that, showed that no relation had any sacredness in his eyes—that he was unfit to move among human relations who had violated one so sacred and tender. Therefore, the Mosaic law uplifted his bleeding corpse, and brandished the ghastly terror around the parental relation to guard it from impious inroads.

Why such a difference in penalties, for the same act? Answer. (1.) The relation violated was obvious—the distinction between parents and others manifest, dictated by natural affection—a law of the constitution. (2.) The act was violence to nature—a suicide on constitutional susceptibilities. (3.) The parental relation then, as now, was the focal point of the social system, and required powerful safeguards. "Honor thy father and thy mother" stands at the head of those commands which prescribe the duties of man to man; and, throughout the Bible, the parental state is God's favorite illustration of his own relations to the whole human family. In this case death was to be inflicted not for smiting a man, but a parent—a distinction cherished by God, and around which, He threw up a bulwark of defence. In the next verse, "He that stealeth a man," &c., the same principle is wrought out in still stronger relief. The crime to be punished with death was not the taking of property from its owner, but the doing violence to an immortal nature, blotting out a sacred distinction, making men "chattels." The incessant pains taken in the Old Testament to separate human beings from brutes and things, shows God's regard for his own distinction.

"In the beginning" it was uttered in heaven, and proclaimed to the universe as it rose into being. Creation was arrayed at the instant of its birth, to do it homage. It paused in adoration while God ushered forth its crowning work. Why that dread pause and that creating arm held back in mid career and that high conference in the godhead? "Let us make man in our image after our likeness, and let him have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth." Then while every living thing, with land, and sea, and firmament, and marshalled worlds, waited to swell the shout of morning stars—then "God created man in his own image; in the image of God created he him." This solves the problem, IN THE IMAGE OF GOD, CREATED HE HIM. Well might the sons of God shout, "Amen, alleluia"—"For thou hast made him a little lower than the angels, and hast crowned him with glory and honor. Thou madest him to have dominion over the works of thy hands; thou hast put all things under his feet." Ps. viii. 5, 6. The repetition of this distinction is frequent and solemn. In Gen. i. 26-28, it is repeated in various forms. In Gen. v. 1, we find it again, "in the likeness of God made he man." In Gen. ix. 6, again. After giving license to shed the blood of "every moving thing that liveth," it is added, "Whoso sheddeth man's blood, by man shall his blood be shed, for in the image of God made he man." As though it had been said, "All these creatures are your property, designed for your use—they have the likeness of earth, they perish with the using, and their spirits go downward; but this other being, man, has my own likeness: "in the image of God made I man;" "an intelligent, moral, immortal agent, invited to all that I can give and he can be." So in Lev. xxiv. 17, 18, 21, "He that killeth any man shall surely be put to death; and he that killeth a beast shall make it good, beast for beast; and he that killeth a man shall be put to death." So in Ps. viii. 5, 6, what an enumeration of particulars, each separating infinitely men from brutes and things! (1.) "Thou hast made him a little lower than the angels." Slavery drags him down among brutes. (2.) "And hast crowned him with glory and honor." Slavery tears off his crown, and puts on a yoke. (3.) "Thou madest him to have dominion over the works of thy hands." Slavery breaks the sceptre, and casts him down among those works—yea, beneath them. (4.) "Thou hast put all things under his feet." Slavery puts him under the feet of an "owner." Who, but an impious scorner, dares thus strive with his Maker, and mutilate his image, and blaspheme the Holy One, who saith, "Inasmuch as ye did it unto one of the least of these, ye did it unto me."

In further prosecuting this inquiry, the Patriarchal and Mosaic systems will be considered together, as each reflects light upon the other, and as many regulations of the latter are mere legal forms of Divine institutions previously existing. As a system, the latter alone is of Divine authority. Whatever were the usages of the patriarchs, God has not made them our exemplars.⁴

Before entering upon an analysis of the condition of servants under these two states of society, we will consider the import of certain terms which describe the mode of procuring them.