, we answer, 1st. _It is false in point of fact_, though
zealously bruited often to serve a turn. 2d. _If it were true_, how does
it help the argument? The prophecy was, "Cursed be Canaan; a servant of
servants shall he be unto his brethren" not unto _himself_!
OBJECTION II.--"_If a man smite his servant or his maid with a rod, and
he die under his hand, he shall surely be punished. Notwithstanding, if
he continue a day or two, he shall not be punished, for he is his
money_." Exodus xxi. 20, 21.
Arguments drawn from the Mosaic system in support of slavery, originate
in a misconception both of its genius, _as a whole_, and of the design
and scope of its most simple provisions. The verses quoted above, afford
an illustration in point.
What was the design of this regulation? Was it to grant masters an
indulgence to beat servants with impunity? and an assurance, that if
they beat them to death, the offence would not be _capital_? This is
substantially what some modern Doctors tell us. What Deity do such men
worship? Some blood-gorged Moloch, enthroned on human hecatombs, and
snuffing carnage for incense? Did He who thundered out from Sinai's
flames, "THOU SHALT NOT KILL," offer a bounty on _murder_? Whoever
analyzes the Mosaic system--the condition of the people for whom it was
made--their inexperience in government--ignorance of judicial
proceedings--laws of evidence, &c., will find a moot court in session,
trying law points--setting definitions, or laying down rules of
evidence, in almost every chapter. Numbers xxxv. 10-22; Deuteronomy xi.
11, and xix. 4-6; Leviticus xxiv. 19-22; Exodus, xxi. 18, 19, are a few,
out of many cases stated, with tests furnished by which to detect _the
intent_, in actions brought before them. The detail gone into, in the
verses quoted, is manifestly to enable the judges to get at the _motive_
of the action, and find out whether the master _designed_ to kill.
1. "If a man smite his servant with a _rod_."--The instrument used,
gives a clue to the _intent_. See Numbers xxxv. 16, 18. It was a _rod_,
not an axe, nor a sword, nor a bludgeon, nor any other
death-weapon--hence, from the _kind_ of instrument, no design to _kill_
would be inferred; for _intent_ to kill would hardly have taken a _rod_
for its weapon. But if the servant dies _under his hand_, then the
unfitness of the instrument, instead of being evidence in his favor, is
point blank against him; for, to strike him with a _rod_
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