Another anti-slavery measure which the Church pursued with distinguished zeal had the same end in view, that is, the prevention of the increase of slavery. It was the ransoming of captives. As at that time it was customary for captives in war to be made slaves of, unless ransomed, and as, owing to the unsettled state of society, wars were frequent, slavery might have been indefinitely prolonged, had not the Church made the greatest efforts in this way. The ransoming of slaves in those days held the same place in the affections of pious and devoted members of the Church that the enterprise of converting the heathen now does. Many of the most eminent Christians, in their excess of zeal, even sold themselves into captivity that they might redeem distressed families. Chateaubriand describes a Christian priest in France who voluntarily devoted himself to slavery for the ransom of a Christian soldier, and thus restored a husband to his desolate wife, and a father to three unfortunate children. Such were the deeds which secured to men in those days the honour of saintship. Such was the history of St. Zachary, whose story drew tears from many eyes, and excited many hearts to imitate so sublime a charity. In this they did but imitate the spirit of the early Christians; for the apostolic Clement says, “We know how many among ourselves have given up themselves unto bonds, that thereby they might free others from them.” (1st Letter to the Corinthians, sect. 55; or chap. xxi., verse 20.) One of the most distinguished of the Frankish bishops was St. Eloy. He was originally a goldsmith of remarkable skill in his art, and by his integrity and trustworthiness won the particular esteem and confidence of King Clotaire I., and stood high in his court. Of him Neander speaks as follows:—”The cause of the gospel was to him the dearest interest, to which everything else was made subservient. While working at his art, he always had a Bible open before him. The abundant income of his labours he devoted to religious objects and deeds of charity. Whenever he heard of captives, who in these days were often dragged off in troops as slaves that were to be sold at auction, he hastened to the spot and paid down their price.” Alas for our slave-coffles! there are no such bishops now! “Sometimes, by his means, a hundred at once, men and women, thus obtained their liberty. He then left it to their choice, either to return home, or to remain with him as free Christian brethren, or to become monks. In the first case, he gave them money for their journey; in the last, which pleased him most, he took pains to procure them a handsome reception into some monastery.”
So great was the zeal of the Church for the ransom of unhappy captives that even the ornaments and sacred vessels of the Church were sold for their ransom. By the fifth canon of the Council of Macon, held in 585, it appears that the priests devoted Church property to this purpose. The Council of Rheims, held in 625, orders the punishment of suspension on the bishop who shall destroy the sacred vessels FOR ANY OTHER MOTIVE THAN THE RANSOM OF CAPTIVES; and in the twelfth canon of the Council of Verneuil, held in 844, we find that the property of the Church was still used for this benevolent purpose.
When the Church had thus redeemed the captive, she still continued him under her special protection, giving him letters of recommendation which should render his liberty safe in the eyes of all men. The Council of Lyons, held in 583, enacts that bishops shall state, in the letters of recommendation which they give to redeemed slaves, the date and price of their ransom. The zeal for this work was so ardent that some of the clergy even went so far as to induce captives to run away. A council called that of St. Patrick, held in Ireland, condemns this practice, and says that the clergyman who desires to ransom captives must do so with his own money; for to induce them to run away was to expose the clergy to be considered as robbers, which was a dishonour to the Church. The disinterestedness of the Church in this work appears from the fact that, when she had employed her funds for the ransom of captives, she never exacted from them any recompense, even when they had it in their power to discharge the debt. In the letters of St. Gregory, he re-assures some persons who had been freed by the Church, and who feared that they should be called upon to refund the money which had been expended on them. The Pope orders that no one, at any time, shall venture to disturb them or their heirs, because the sacred canons allow the employment of the goods of the Church for the ransom of captives. (L. 7, E.) Still further to guard against the increase of the number of slaves, the Council of Lyons, in 566, excommunicated those who unjustly retained free persons in slavery.
If there were any such laws in the Southern States, and all were excommunicated who are doing this, there would be quite a sensation, as some recent discoveries show.
In 625, the Council of Rheims decreed excommunication to all those who pursue free persons in order to reduce them to slavery. The twenty-seventh canon of the Council of London, held 1102, forbade the barbarous custom of trading in men, like animals; and the seventh canon of the Council of Coblentz, held 922, declares that he who takes away a Christian to sell him is guilty of homicide. A French council, held in Verneuil in 616, established the law that all persons who had been sold into slavery on account of poverty or debt should receive back their liberty by the restoration of the price which had been paid. It will readily be seen that this opened a wide field for restoration to liberty in an age where so great a Christian zeal had been awakened for the redeeming of slaves, since it afforded opportunity for Christians to interest themselves in raising the necessary ransom. At this time the Jews occupied a very peculiar place among the nations. The spirit of trade and commerce was almost entirely confined to them, and the great proportion of the wealth was in their hands, and, of course, many slaves. The regulations which the Church passed relative to the slaves of Jews tended still further to strengthen the principles of liberty. They forbade Jews to compel Christian slaves to do things contrary to the religion of Christ. They allowed Christian slaves, who took refuge in the church, to be ransomed, by paying their masters the proper price.
This produced abundant results in favour of liberty, inasmuch as they gave Christian slaves the opportunity of flying to churches, and there imploring the charity of their brethren. They also enacted that a Jew who should pervert a Christian slave should be condemned to lose all his slaves. This was a new sanction to the slave’s conscience, and a new opening for liberty. After that, they proceeded to forbid Jews to have Christian slaves, and it was allowed to ransom those in their possession for twelve sous. As the Jews were among the greatest traders of the time, the forbidding them to keep slaves was a very decided step towards general emancipation.
Another means of lessening the ranks of slavery was a decree passed in a council at Rome, in 595, presided over by Pope Gregory the Great. This decree offered liberty to all who desired to embrace the monastic life. This decree, it is said, led to great scandal, as slaves fled from the houses of their masters in great numbers, and took refuge in monasteries.
The Church also ordained that any slave who felt a calling to enter the ministry, and appeared qualified therefore, should be allowed to pursue his vocation; and enjoined it upon his master to liberate him, since the Church could not permit her minister to wear the yoke of slavery. It is to be presumed that the phenomenon, on page 347, of a preacher with both toes cut off and branded on the breast, advertised as a runaway in the public papers, was not one which could have occurred consistently with the Christianity of that period.
Under the influence of all these regulations, it is not surprising that there are documents cited by M. Balmes which go to show the following things. First, that the number of slaves thus liberated was very great, as there was universal complaint upon this head. Second, that the bishops were complained of as being always in favour of the slaves, as carrying their protection to very great lengths, labouring in all ways to realise the doctrine of man’s equality; and it is affirmed in the documents that complaint is made that there is hardly a bishop who cannot be charged with reprehensible compliances in favour of slaves, and that slaves were aware of this spirit of protection, and were ready to throw off their chains, and cast themselves into the Church.
It is not necessary longer to extend this history. It is as perfectly plain whither such a course tends, as it is whither the course pursued by the American clergy at the South tends. We are not surprised that under such a course, on the one hand, the number of slaves decreased, till there were none in modern Europe. We are not surprised by such a course, on the other hand, that they have increased until there are three millions in America.
Alas for the poor slave! What Church befriends him? In what house of prayer can he take sanctuary? What holy men stand forward to rebuke the wicked law that denies him legal marriage? What pious bishops visit slave-coffles to redeem men, women, and children, to liberty? What holy exhortations in churches to buy the freedom of wretched captives? When have church velvets been sold, and communion-cups melted down, to liberate the slave? Where are the pastors, inflamed with the love of Jesus, who have sold themselves into slavery to restore separated families? Where are those honourable complaints of the world that the Church is always on the side of the oppressed? — that the slaves feel the beatings of her generous heart, and long to throw themselves into her arms? Love of brethren, holy charities, love of Jesus — where are ye? Are ye fled for ever?
CHAPTER VIII.
“Masters, give unto your servants that which is just and equal.”
FROM what has been said in the last chapter, it is presumed that it will appear that the Christian Church of America by no means occupies that position, with regard to slavery, that the apostles did, or that the Church of the earlier ages did.
However they may choose to interpret the language of the apostles, the fact still remains undeniable that the Church organisation which grew up immediately after these instructions did intend and did effect the abolition of slavery.
But we wish to give still further consideration to one idea which is often put forward by those who defend American slavery. It is this: that the institution is not of itself a sinful one, and that the only sin consists in the neglect of its relative duties. All that is necessary, they say, is to regulate the institution by the precepts of the Gospel. They admit that no slavery is defensible which is not so regulated.
If, therefore, it shall appear that American slave-law cannot be regulated by the precepts of the Gospel without such alterations as will entirely do away the whole system, then it will appear that it is an unchristian institution, against which every Christian is bound to remonstrate, and from which he should entirely withdraw.
The Roman slave code was a code made by heathen — by a race, too, proverbially stern and unfeeling. It was made in the darkest ages of the world, before the light of the Gospel had dawned. Christianity gradually but certainly abolished it. Some centuries later, a company of men, from Christian nations, go to the continent of Africa; there they kindle wars, sow strifes, set tribes against tribes with demoniac violence, burn villages, and in the midst of these diabolical scenes kidnap and carry off, from time to time, hundreds and thousands of miserable captives. Such of those as do not die of terror, grief, suffocation, ship-fever, and other horrors, are from time to time landed on the shores of America. Here they are. And now a set of Christian legislators meet together to construct a system and laws of servitude, with regard to these unfortunates, which is hereafter to be considered as a Christian institution.
Of course, in order to have any valid title to such a name, the institution must be regulated by the principles which Christ and his apostles have laid down for the government of those who assume the relation of masters. The New Testament sums up these principles in a single sentence: “Masters, give unto your servants that which is just and equal.”
But, forasmuch as there is always some confusion of mind in regard to what is just and equal in our neighbours’ affairs, our Lord has given this direction by which we may arrive at infallible certainty. “All things whatsoever ye would that men should do to you, do ye even so to them.”
It is therefore evident that if Christian legislators are about to form a Christian system of servitude, they must base it on these two laws, one of which is a particular specification under the other.
Let us now examine some of the particulars of the code which they have formed, and see if it bear this character.
First, they commence by declaring that their brother shall no longer be considered as a person, but deemed, sold, taken, and reputed, as a chattel personal. — This is “just and equal!”
This being the fundamental principle of the system, the following are specified as its consequences: —
1. That he shall have no right to hold property of any kind, under any circumstances. — Just and equal!
2. That he shall have no power to contract a legal marriage, or claim any woman in particular for his wife. — Just and equal!
3. That he shall have no right to his children, either to protect, restrain, guide, or educate. — Just and equal!
4. That the power of his master over him shall be ABSOLUTE, without any possibility of appeal or redress in consequence of any injury whatever.
To secure this they enact that he shall not be able to enter suit in any court for any cause. — Just and equal!
That he shall not be allowed to bear testimony in any court where any white person is concerned. — Just and equal!
That the owner of a servant, for “malicious, cruel, and excessive beating of his slave, cannot be indicted.” — Just and equal!
It is further decided that by no indirect mode of suit, through a guardian, shall a slave obtain redress for ill-treatment. (Dorothea v. Coquillon et al, 9 Martin La. Rep., 350.) — Just and equal!
5. It is decided that the slave shall not only have no legal redress for injuries inflicted by his master, but shall have no redress for those inflicted by any other person, unless the injury impair his property value. — Just and equal!
Under this head it is distinctly asserted as follows:
“There can be no offence against the peace of the State by the mere beating of a slave, unaccompanied by any circumstances of cruelty, or an intent to kill and murder. The peace of the State is not thereby broken.” (State v. Maner, 2 Hill’s Rep. S. C.) — Just and equal!
If a slave strike a white, he is to be condemned to death; but if a master kill his slave by torture, no white witnesses being present, he may clear himself by his own oath. (Louisiana.) — Just and equal!
The law decrees fine and imprisonment to the person who shall release the servant of another from the torture of the iron collar. (Louisiana.) — Just and equal!
It decrees a much smaller fine, without imprisonment, to the man who shall torture him with red-hot irons, cut out his tongue, put out his eyes, and scald or maim him. (Ibid.) — Just and equal!
It decrees the same punishment to him who teaches him to write as to him who puts out his eyes. — Just and equal!
As it might be expected that only very ignorant and brutal people could be kept in a condition like this, especially in a country where every book and every newspaper are full of dissertations on the rights of man, they therefore enact laws that neither he nor his children, to all generations, shall learn to read and write. — Just and equal!
And as, if allowed to meet for religious worship, they might concert some plan of escape or redress, they enact that “no congregation of negroes, under pretence of divine worship, shall assemble themselves; and that every slave found at such meetings shall be immediately corrected, without trial, by receiving on the bare back twenty-five stripes with a whip, switch, or cow-skin.” (Law of Georgia, Prince’s Digest, .) — Just and equal!
Though the servant is thus kept in ignorance, nevertheless, in his ignorance, he is punished more severely for the same crimes than freemen. — Just and equal!
By way of protecting him from over-work, they enact that he shall not labour more than five hours longer than convicts at hard labour in a penitentiary!
They also enact that the master or overseer, not the slave, shall decide when he is too sick to work. — Just
and equal!
If any master, compassionating this condition of the slave, desires to better it, the law takes it out of his power, by the following decisions: —
1. That all his earnings shall belong to his master, notwithstanding his master’s promise to the contrary; thus making them liable for his master’s debts. — Just and equal!
2. That if his master allow him to keep cattle for his own use, it shall be lawful for any man to take them away, and enjoy half the profits of the seizure. — Just and equal!
3. If his master sets him free, he shall be taken up and sold again. — Just and equal!
If any man or woman runs away from this state of things, and, after proclamation made, does not return, any two justices of the peace may declare them outlawed, and give permission to any person in the community to kill them by any ways or means they think fit. — Just and equal!
Such are the laws of that system of slavery which has been made up by Christian masters late in the Christian era, and is now defended by Christian ministers as an eminently benign institution.
In this manner Christian legislators have expressed their understanding of the text, “Masters, give unto your servants that which is just and equal,” and of the text, “All things whatsoever ye would that men should do to you, do ye even so to them.”
It certainly presents the most extraordinary views of justice and equity, and is the most remarkable exposition of the principle of doing to others as we would others should do to us that it has ever been the good fortune of the civilised world to observe. This being the institution, let anyone conjecture what its abuses must be; for we are gravely told, by learned clergymen, that they do not feel called upon to interfere with the system, but only with its abuses. We should like to know what abuse could be specified that is not provided for and expressly protected by slave-law.
Complete Works of Harriet Beecher Stowe Page 723