The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-11-03
WASHINGTON, ID. &.
For the National Era.
An EXAMINATION OF THE MOSAIC LAWS
OK SERNITUDE
WILLIAM JAY.

There ls not text that hints at the power
Of a master 10 dispose of his servants term o
service 70 another. The very nature Of tn,
service was inconsistent with the existence o
such power. The servant chose his master
and his choice was of course influenced by tn,
residence and character Of the master, and the
number and reputation of his family poor
man might rejoice to become the inmate 0
one family. and abhOr tho idea of living il
another He might be very willing to ente
the service of a neighbor, while he might re
fuse to live with stranger. at distance from
his own friends and kindred. But if the da,
after be had made contract for Fix years ser
vice with the master he had chosen he might bt
sold to another, his freedom of choice would o
course be only nominal.
That no master did sell his domestic, ma,
also be inferred from the fact that ther,
is no mention of such a sale to be found in the
Pentateucb. The law moreover takes it fOl
granted, and, in 80 doing virtually commands
that the servant shall serve the same master
six years when thou sCndest him out free
from thee, thou shalt not let him 90 away
empty thou shalt furnish him literally out o.
thy flock, and out Of thy floor. and out of thy
wine press: Of that whcrewith the Lord thy
God hath blessed thee thou shalt give unto
him. IL shall not seem hard unto thee when
thou sendest him away free from thee for he
hath blen worth double hired servant unto
thee in serving thee SI years "-Dem XIV, 13-
IS. This language and these injunctions are
wholly inconsistent with the idea that the ser
want was subject of speculation and could
for six years be treated as an article of mer-
chandise.
There is one and only one passage in the
Pentateuch, which apparently implies that the
master might sell, or, more properly, hire out
his domestic servant, VIZ: En-. xxi, I'll In
this case father sells his daughter az q maid
servant, but most unquestiOnably, from the
context, with the agreement that she is to he
como the wife either of the master or of his
son. But if the purchaser does not fulfil this
part Of the contract, eff she please not her
master, who hath betrothed her TO himself |
then shall he let her be redeemed" That is,
he shall not retain her as servant but he |
shall be compelled to let her go back to her
fathers on receiving back an equitable por-
ton Of the money he had advanced for her
Ii is added, Ito sell her unto strange nation
he shall have no power, seeing he hath dealt
deccitfullv with her" The obscurity Of this J
passage is probably owing to defective trans
laton. The reason assigned for prohibiting
the sale seeing that he hath dealt deceitfU-
ly with her"--secms to imply that, had he not
thus dealt with her. he might have sold her
Such an Inference must be INCORRECT since if
he had not dealt decetfully with her, be would
have made her his wife, or bis daughter-in-
law, in which case he could not have sold her
Among the Jews and other Eastern nations
it was customary for fathers to receive a valu-
able consideration for their daughters given in
marriage. This custom arose from pOlygamy,
which by creating sort Of monopoly in wives
increased the demand for them, while it less
oned the supply. Thus we read Of paying
money according to the dowry Of virgins y
En-. xxi, II. SO when David was about to
marry Saufs daughter, he was informed the
King desreth not any dowry.0 Caleb demand
ed, as the price Of his daughter the capture Of
klrlath-scpher. Othnicl performed the exploit,
and married the daughter
In the case before us, the girl had been bound
by her father for six years and for her scryi
ces az well as for her dowry, he had been paid
IN advance Hence during this time she might
not marry without the consent of her master
as the marriage would virtually defeat the con
tract, and the master would lose the money M
had paid In ordinary cases the master might
for pecuniary consideration to be paid by the
intended husband give his consent and this, in
Jewish phrascology would be called selling the
girl. But in this instance one Of the condition,
OF the lndenturc was that the master himself
OF hrs son, would marry tho girl during the SIX
years The master, however deals deceitfully
and determines not to execute the condition
Under these circumstances he is forbidden to
sell the girl to another for wife "To sell
her TO a strange nation, he shall have no pow
or strange nation means in the Cd Tes |
lament foreign and of course "a heather
nation Az no nation buys woman the ex-
preston II equivalent to :" to sell her in a
strange nation he shall have no power" Now.
1t ls utterly uncomfortable that tho law should
permit Jew whether man or woman, to be
tOrclbIy sold not only to IL heather, but hea.
then residing in a heather nation The Vul.
gate renders 1t another people, and tho Sep
tuaglnt still moro accurately, another fdm,lun |
This last version relieves the passage from al
difficulty The master shall not sell the girl
INTO another family as rife for one of ITS
members. He shall receive back a fair nor
ton OF the money he advanced, and the pir
shall return to her father
Bat suppose the master so far fulfls his con
tract as to marry tho servant to his son in |
that case the law exacts from the husband a |
rigid tulilment Of his duty to his wife If he |
does not treat her as his wife, she may leave |
hun and no part of the money advanced for |
hoI nuhl uc retuTncu.-EI. XXI II.
OF THE FAMILIES OF HEBREW DOMEsTICS
II the Hebrew servant came in by himself
he shall g out by himself: if he were mar.
RED, then his wife shall go out with him D.
ET, XXI 3. That IL, if man and his wife
hire themselves, they shall both be discharged
at the end OF six years. But what if the ser
want takes wife during his term is sho al-o
servant and does her term expire with her
husbands The servant rs we have seen. WA,
domesticated in his masters house, formed
one OF the family, and of course could have no
family distinct from his masters Hence it is
to be presumed, that a servant hiring himself
for ak years, did not marry without his mas
ter's consent since the master would be obliged
to maintain not merely the husband, but the
wife and children also. The law seems to sup
pose that the servant will not marry, except
through the interference and good will of the
master 4" IL his master have giuen him wife
and she hath borne him sons OF daughters the
wife and her children shall be her masters
and he shall 20 out by himself Err xxi,
Ii will be observed that the wife is to be re
tanned on the expiration Of her husbands term
OF service, only on two conditions first tina,
she had been giUen by the master, and second
ly that she had borne children. Had she mol
been given by the master he could not retain
her nor, even if given could she be retained
unless she had borne children The mnstcr
had giren wife to his servant that is, h,
had procured one for him, by advancing II sun
OF money to the woman's father Bat IN,
wife necessarily became, like her husband in
corporated in the family, and she and her chill
dren were maintained by the master. Tn,
very circumstance of her having children Will,
it lessened the value of her seryices increased
the expense OF the employer. Hence, to max,
compensation to him for the money origin
ally paid for the wife and for the expense and
trouble which she and her children had sine,
cost him, they were retained in his service or
the departure Of the husband But how lonp
Were they Ia he retained The text injeoJ