The reader will note the basic law on slavery is this:
"If you buy a Hebrew servant, he shall serve six years; and in the
seventh he shall go out free and pay nothing."
(Exodus 21:2). I realize there are loop-holes and exceptions to
this basic rule, but before we go flying off to to loop-holes and
exemptions, which may or may not even be applicable to your case, let's stop a moment to consider the underlying law. But it's
almost like this verse is not in Dabney's Bible. He believes the
standard of equity to which slave-owners in the church were expected to
rise was precisely Moses' law: "Doubtless, the standard which they had
in view, in commanding masters to 'render to their servants those things
which are just and equal,' was the Mosaic law."
(Robert L. Dabney, Defense of Virginia and the South, Kindle location
1864). But to him that doesn't mean six years and out, rather, "a
right to the slave's labor for life" (Robert L.
Dabney, Defense of Virginia and the South, Kindle location 1864),
precisely what Moses does not allow. Can he think the church made up of
foreigners to the covenant? There's no denying this is an important verse,
because when you get right down to it, what is the difference between
employment and slavery? One is for a term, the other for life.
Yet in fact, to Dabney, all texts that mention servitude in any
context, even perhaps Exodus
21:2, are practical pro-slavery texts, because they mention slavery, yet
without identifying it as a sin 'in itself.' Never mind that we do not
commonly, in English, refer to a six year labor contract as 'slavery;'
'slavery' in English, generally means life-long involuntary servitude.
You cannot really demand, of God, that He take it or leave it; the word
'servant' has a broad range of meaning, and He takes it, He allows
employment, but not for life, unless at the servant's express wish. So to Dabney,
any text that mentions servitude, even while sharply limiting its
allowable term and extent, means the sky is the limit, "Here, then, we stand: Inspiration has once expressly
authorized slaveholding." (Robert Lewis Dabney,
Defense of Virginia and the South, Kindle location 1808). In
other words, if 'six years and out' is authorized, then no limits
can be set to slavery at all, because it is shown to be righteous 'in
itself!' Dabney realized that, in the English language, slavery is understood to mean
lifelong involuntary servitude. So he defines it:
"That no misunderstanding may attend the discussion, we must
define at the outset, what we mean by that domestic slavery which we
defend. By this relation we understand the obligations of the slave to labor for
life, without his own consent, for the master. The thing, therefore, in
which the master has property or ownership, is the involuntary labor of
the slave, and not his personality, or his soul. A certain right of control over the person of the slave
is incidentally given to the master by his property in the bondsman's
labor; that is so much control as is necessary to enable him to secure
the labor which belongs to him." (Robert Lewis Dabney, Defense of
Virginia and the South, Kindle location 1110).
Since six years and out isn't lifelong labor, the Bible is not on his
side in this dispute. How he deals with this verse is by studiously ignoring
it. There are bits and pieces here and there of the Biblical deprecation of
slavery he accepts; for instance, he will allow that slave merchandising
is wicked, "man-stealing" and all that, although slave-owning is entirely innocent, in his view. Can
one exist without the other? Does not demand call supply into existence?
Surely if one were consistent; but it was the hated Yankees who imported
and marketed the slaves— Virginia did not even have a merchant
marine— so one is evil, the other innocent. In fact, he tries to
pretend the Virginians bought the slaves on display, not because they desired to be
masters, but only because they felt sorry for the poor wretches!
Robert Lewis Dabney felt Moses' law was simply irrelevant to the
Christian: ". . .and he [God] also gave, by the intervention of Moses,
various religious and civil laws, which were peculiar to the Jews, and
were never intended to be observed after the resurrection of Jesus
Christ." (Robert Lewis Dabney, Defense
of Virginia and the South, Kindle location 1364). Moses' law is just
irrelevant, to him. Moses' law limited servitude amongst Israelites to
six years. What is truly bizarre about his argument, and brazen in its
shamelessness, though, is that not only is he not willing to counsel his
fellow Southerners to abide by God's decree of six years and out, he
finds in the law the raw material for a pro-slavery case, because the
law mentions slavery. The law allows servitude for a term of six years.
Well, if slavery were 'malum in se,' evil in itself, then it would not
be tolerated for even a minute, now would it, much less for six long
years? So slavery is not evil 'in itself,' and thus the way is cleared
for permanent life-long slavery! And this claim is solidified and proven
by God's instructions limiting servitude to six years. Is this brilliant
logic, dear Reader, or sophistry of rare brazenness?
We as Christians should not simply dismiss the law, because it
reveals God's mind on a variety of issues. We do not live under
the Mosaic code as our civil law, but any law code we write for
ourselves ought to be at least as fair, and as just, as was Moses'
law code. So when you get down to cases, Dabney's dealings
with the Old Testament are worse even than mere
dismissal of the law would be. Moses is summarily dismissed, but he
doesn't stay dismissed, he gets called back. Not only are these laws of release in no way relevant
to the church, the Israel of God. . .but the mere mention of bondage in the
language of these laws constitutes an absolute and unbounded permission
for life-long slavery, forever! Because you see, if bondage were wrong 'in
itself,' it would not be permitted even for six years. And since
it's not wrong 'in itself,' you can drop the six year limitation!
There's manifestly a fallacy here; it's probably sorites. Piling one
straw more on the donkey's back does not cause him to collapse beneath
the weight; but what is a ton except one straw plus one straw plus one
straw? What is labor law but specifying, 'this many hours, and not that
many hours.' It takes a very special person, like Douglas Wilson, to
look at this argument and think it's brilliant. It's obviously wrong.
According to the argument, if slavery were 'malum in se,' evil 'in
itself,' it would be prohibited altogether and not limited to six years.
But God is not opposed to employment. He is against oppression. He is
against exploitation. How does employment turn into these things? It may
be by such insensible additions as when the load of straw on the
donkey's back accumulates to the point where it crushes him. What was
the straw that broke his back? Who knows, but life-long slavery is
certainly too long, which is why it's actually illegal. Dabney could
have told the Southern public that. He knew that's what God's word says.
He did not.
It is impossible to wrap one's mind around
Dabney's tap-dancing sophistry: these laws don't apply to us, and not only that but
they give the Southern slave-owner unquestioned permission to hold
non-foreigners in perpetual bondage! As we've seen, he states very plausibly, "Doubtless,
the standard which they had in view, in commanding masters to 'render to
their servants those things which are just and equal,' was the Mosaic
law." (Robert Lewis Dabney, Defense of Virginia and the South, Kindle
location 1864). Doubtless, indeed; but he has no intention of advising
anyone to observe the Mosaic law, with its time limit for servitude of
six years; he immediately explains that the slave-owner has "a right to
the slave's labor for life," (Robert Lewis Dabney, Defense of Virginia
and the South, Kindle location 1864), which is quite simply not what
Moses said. This is not an honest effort to understand the Bible. These
rapacious, avaricious people wanted what they wanted, and they could
not have cared less what God had said about it.
Dabney believed that the Jacobin spirit persisted; triumphant in the
Civil War, the Jacobins proceeded to offer the franchise to the newly
liberated slaves, which resulted in disaster from his standpoint:
"Argument is scarcely needed to demonstrate that the
infamous reconstruction measures were taken, not in the interests of a
true Union, but of this Jacobin faction. . .Their reconstruction
measures, in their sense of them, were an entire success,— and did just
what they designed,— helped them to elect a series of Jacobin
Presidents and to fix their parties and policy upon the country. True:
those measures placed the noblest white race on earth beneath the heels
of a foul minority constructed of a horde of black, semi-barbarous
ex-slaves and a gang of white plunderers and renegades."
(Discussions by Robert L. Dabney, Volume IV, The True
Purpose of the Civil War, p. 106).
When followers of Dabney talk about "Jacobins" and the French Revolution, they are talking about measures like "negro suffrage," which
they oppose. These grievances were only magnified through Reconstruction
and beyond and are at this point unappeasable and irremediable.
Malum in Se
P.T. Barnum used to say there's a sucker born every minute. Realizing
that people are wonderfully impressed by an ethical argument with Latin
phrases sprinkled throughout, Robert Lewis Dabney gives us 'malum per
se,' a Latin phrase meaning 'evil in itself.' Slavery, he explains,
cannot be 'evil in itself,' because the word occurs in the Old
Testament, in some cases, without condemnation, as when provision is
made for the slave who wants to remain attached to his master; he does
not want to go free in the Jubilee. In that case, "He shall also bring
him to the door, or to the doorpost, and his master shall pierce his
ear with an awl; and he shall serve him forever."
(Exodus 21:6).
Malum in se is a phrase heard in legal theory that refers to
those things which are wrong in themselves, not wrong by convention. For
instance, stopping your car when you see an octagonal red sign that says
'Stop' is a social convention. It's not inherently wrong to blow
by such a sign, though the law may attach penalties to so doing. But
identifying theft and murder as wrong is not a convention; rather, these
are things which ought to be everywhere criminal; if they are not, there
is something seriously wrong with the law code. Robert Lewis Dabney,
Moscow Idaho's favorite unreconstructed Confederate, used to use the
principle in his arguments in defense of slavery, purporting to show
that, while local law codes might attach a penalty to owning saves if
such was the pleasure of the legislature, owning slaves cannot be wrong
in itself.
Now, how would we know if a thing is wrong in itself? Why, if God
decrees it, for any reason, at any time, under any circumstances,
then it cannot be wrong in itself. Surely you would not accuse the
Judge of all the earth of wrong-doing! Anything God commands must be
inherently innocent and righteous. And does God include captivity
and slavery in His list of judicial punishments that He may, at His
discretion, apply to mankind? Yes, He does. See, for example, the
blessings and curses attached to the law, in Deuteronomy 28,
"And there you shall be offered for sale to our enemies as male and female saves, but no one will buy you."
(Deuteronomy 28:18)
What could be more plain? The Lord intends to reduce to servitude those who defy Him;
He Himself says as much. So therefore any Virginia plantation-owner
who does the same, who reduces a man to servitude for his own
convenience, is only doing what God does and such a thing cannot be
wrong in itself, malum in se. Attached to this is some confused
notion that God's punishments must, in the end, be remedial; yet
blotting a people out from under the sky cannot be remedial in any
sense. What is left to remediate?
Now if you are Doug Wilson, you start back in astonishment at the
brilliance of this argument, and imagine that all the abolitionists
who faced Robert Lewis Dabney on the debate stage in the lead-up to
the Civil War came away abashed, looking downward in confusion, too
ashamed to meet R.L.'s commanding gaze. Well, maybe that never
actually happened, but he did write a letter to the editor. And not
only is this not a brilliant argument in defense of slavery or
anything else, it's one of the worst arguments ever advanced with a
straight face in defense of anything.
And you will hear similar arguments over and over again from Moscow, Idaho,
who have generalized the principle behind it to be an all-purpose
get-out-of-jail-free card. Whenever there is a clear divine command to
do this or do that, they look over, behind, and around it, to find
instances of people who did not obey that command (maybe because it
had not yet been delivered). If any such instance can be found, even
a single, solitary case, then, in their mind, that eradicates the
command. It's excised right straight out of the Bible, just like
Thomas Jefferson excised problem texts out of his copy of the New
Testatment. Does the New Testament say the saints are not to use filthy language? It
does. Oh, but the prophets do! Are you saying God did something
wrong? The argument might be summarized as 'If God can do it, we can
do it.' The concept, it's not wrong for Him, but it is wrong for
you, is beyond their capacity to formulate. Are you saying the rules
are different for Him than for you? That's not fair! The rules must
be the same for all.
So, for example, does the judge on his bench deliver the sentence
against the serial killer, that he is to be executed? Why, then, any
incel living in his mom's basement can sentence someone to death,
and go and carry it out, too! Our every breath is borrowed from God;
if He ceases to believe in us, we cease to exist. Does His standing
to deliberate whether our continued existence is warranted or not
differ one iota from our own? I should think so, given the gulf
between us; our fellow sinners do not owe their lives to us, as they
do to God; every breath they've taken thus far in life is His gift,
is it ours, too? Thus the Bible says, "Who are you to judge
another's servant?" (Romans 14:4). For one finite,
created being to look at another and say, 'you do not deserve to
live,' is lese-majeste as well as murder. The conviction that we
stand in the place of God to look down upon another of our
fellow-servants is itself blasphemy.
Faced with the rebellion of humanity, God determined to drown all
people on the earth save eight. Was this wrong? No; humanity is His
project, He can terminate it if He wills and no one can complain. As He
Himself puts it,
"Now see that I, even I, am He, and there is no God besides
Me; I kill and I make alive; I wound and I heal; nor is there any who
can deliver from My hand." (Deuteronomy 32:39).
Meanwhile, if one of the 'kings' of Moscow, Idaho goes and attaches a few sticks of
dynamite to the Hoover dam, he's going to be prosecuted to the
fullest extent of the law. Is this fair? Yes. The incel-king can
have no right to kill anybody; He is not God. On top of attempted
murder, he is also guilty of presumption in thinking He is God when
He is not. He is just like the prince of Tyre, who magnified himself
beyond his station. The rules are not the same for God as they are for
us; how could they possibly be?
God commanded that, not only the idols of the holy land be
smashed, but that their proprietors, the idolaters, be killed. Both
the idolaters and their paraphernalia were to meet the same fate.
Whether these people intend to graduate to that next level of
presumption remains to be seen. Lately the 'kings' of Moscow, Idaho have taken
idol-smashing up as a hobby, dismantling 'Baphomet,' made of pool
noodles. Is God committing a crime when He rids the land of those
who are defiling it? Of course not. Are those who follow His direct,
verified instructions in carrying them out committing a crime? No.
Are the incel-kings committing a crime when they imitate God? You
bet. They have no commission to do this at all. May the prosecutors have the last word regarding the deconstruction
of Baphomet.
What is wrong with their reasoning? There is no concept here of divine command; that God is empowered
to direct us in how we are to behave. When the nominal 'Christians'
of Moscow, Idaho insist on using filthy language, they are directly
and intentionally doing what God told us not to do: ". . .neither
filthiness, nor foolish talking, nor coarse jesting, which are not
fitting, but rather giving of thanks." (Ephesians
5:3). Their only conception of wrong, sin, or evil is that it
is an inherent trait of the act itself, and that it really does not
matter who is doing it. Thus they reason, that if God
does it, it cannot be wrong. That is certainly true, but has nothing
to do with the instructions He has given to us, and which they
ought to be following if they claim to be Christians.
What exactly is wrong with Robert Lewis Dabney's 'malum in se'
argument in favor of slavery? It seems to be an instance
of sorites. Sorites is not a fallacy per se, but it is a paradox or
conundrum which can certainly become entangled with fallacious
reasoning. The ancient logicians used the example of the heap of
sand; if you prefer, you can go with loading straw on a donkey. When
does a heap cease to be a heap? Remove one grain of sand at a time;
look, it's still a heap! So we enunciate the general principle,
'removing one grain of sand from a heap will not cause it to cease to
be a heap.'
But take it to the extreme. When there are only thirty grains of
sand left in the heap, does removing one, bringing the grain-count
down to 29, cause it to cease to be a heap? Is 29 grains a
'scattering' of sand or a 'heap'? Then what was so special about that
one grain of sand we removed that it caused a 'heap' to become a
'scattering'? Are there inflection points, critical tipping points,
and how would anyone know when they are attained? Certainly when you
look at the two extreme cases: here is a heap of sand, here is bare
ground,— they are as different as different can be. A heap of
sand is not the same thing as bare ground, where there is no sand at
all. But when and how is the transition arrived at?
It seems there are several identifiable problems here. For one
thing, 'heap' is not a well-defined word. Are 30 grains of sand a
'heap'? Or 300? The meaning of this word is vague; one could
argue forever about whether this little mound is a 'heap' or not a
heap. Sorites is not itself a fallacy, but it can play into
fallacious reasoning. Let's look at labor law, for example. Whether
drafted by God through Moses or written by legislatures in the
modern day, certain arrangements are perceived as oppressive or
inherently exploitive and are criminalized. 'Employment' is not a
problem, either for Moses or for our modern-day Solons. They used to
give you a watch when you had completed thirty years employment to
the same company. I don't know if they still do. It's not illegal,
and it never was; Moses allows a man to work for someone he wants to
work for for his entire working life.
But then there's 'slavery.' It's a criminal offense, in both
cases. What's the difference? There are issues, like who is free to
walk away from the deal, not only how long it lasts. But how long it
lasts does matter. Moses allows a labor
contract of six years, the seventh year the servant goes free. Why
six years? How do we know that seven years is oppressive? Was it
starting to get a little bit oppressive at six and a half years, or
does it all of a sudden mutate over into a completely different
thing at seven years? Employment is benign, slavery is wicked. We have a 40 hour work week, the employer has
to pay time and a half for overtime. But what's magic about 40
hours? Why not 35?
Time passes by in one continuous stream; why are
there these breaks in the time stream where what was fine before all of a
sudden becomes a problem, indeed, a criminal offense? How does innocence
pass over into criminality? And it does,
just ask the ancient Egyptians;
you might get visited by plagues of locusts, etc., if you are an oppressor.
There are only so many years in a human life, and so 'how long' really does matter.
The Egyptians were not punished for a small offense; enslavement is
a big offense in God's sight. One can imagine the bereaved Egyptians,
staring down at the dead bodies of their first-born sons, asking in
misery, 'You mean all we had to do was pay these guys a living wage?
That's it, and it would have been OK?' Maybe there was even room for
that in the budget. Maybe a fair deal would have kept the beleaguered
Hebrews from crying out to God for justice. A technicality perhaps, but small
things can be very important in God's sight. The dividing line beween
employment and slavery may be difficult to pinpoint, but it is the
difference between innocence and a crime. The ethical divide, in the
end, winds up being huge.
It's not that enslavement is a small offense; it's not. It's just that, if we divide our
working lives into 15-minute segments, it's hard to pinpoint which
15-minute segment broke the donkey's back. Certainly the first one
he carried with ease; what went wrong? A straw pack isn't 'malum in
se,' back-breaking 'in itself,' but keep adding on and you pass a point of no return.
At what point did the Egyptians' treatment of the Hebrews become
intolerable? The children of Israel started out as honored guests in
the land, and, one would expect, did not descend into the depths of
slavery all in one leap. One 15-minute segment does not slavery
make, no more than one grain of sand makes a heap; but surely when
the last one is gone, there is no more heap.
So sorites is the fallacy, or the set-up to the fallacy; sound logic
it's not.
Terms and conditions, though they might seem like small things in
themselves, are ultimately really important in differentiating
between oppression and lawful employment. They still are to this
day. God does not say that employment in and of itself is 'malum in
se,' that it is inherently evil; but it can certainly become
exploitive, and He acted to forestall that. People who love Him are
obliged to agree with Him. Let's try a thought experiment. Start
with what is conceded by all to be a lawful, innocuous situation:
one man contracts voluntarily to work for another man. This is
lawful, both to Moses and also in American law. We start off with
reasonable, conventional work hours; then begin adding 15-minute
segments to his work week. At the start, we were OK; when do we get
into trouble? It's hard to pinpoint, but by the time the man is held
to an 80-hour work week, the prosecutors want to talk to him. Which
15-minute segment broke the donkey's back? How did this 15-minute
segment differ from the others? It didn't, but the employer has
landed in jail, where he didn't used to be. Not because employment is
'malum in se,' it isn't, but because oppression is malum in se.
The pro-slavery contingent sees real promise in
the fact that the law of Moses carves out an exemption for foreigners.
Rousas Rushdoony thought Moses meant to say that the Israelites were
good folks, and so they deserved freedom; the pagans, you see, were
bad folks, and so they did not deserve freedom. And which are we?
We're the good folks! (surprise). But the Bible
nowhere says this. It seems likelier to me that, Moses not being
empowered to legislate for foreigners, the provisions of the law
have to default to 'international law' when dealing with foreigners,
and the foreigners knew no Jubilee.
Let's run a simulation, a game, where Jews who purchase Gentile
servants have to free them after six years, but Gentiles who
purchase Jewish servants do not have to free them, ever at all; they
can hold them for life. Moses, after all, cannot compel this group
to do one thing or another. Run several generations of that game,
and what do you get? You end up, I suspect, with a higher percentage
of the Jewish community enslaved than the Gentile community. God did
not want this outcome, and so he exempted foreigners from the
protection of the law. This does not mean that the Neoconfederates
should feel free to enslave African-Americans, who are no more
foreigners than they are, and no more pagans.
Whether a given behavior is classed as 'malum in se' depends on
how it's defined. Is oppression 'malum in se'? Since it's never
described favorably, although it is allowed as punishment for bad behavior, then yes,
oppression is malum in se. Is servitude malum in se? No, the Bible
is not against employment as such. We look to the terms and
conditions to determine whether the given case is oppression or not.
They used to give a man a watch when he had worked for the firm for
30 years. And by the way, in American English, we don't ever use the
word 'slavery' to describe that state of affairs. Part of what gives
the sophists room to maneuver here is the fact that comparable
Hebrew and Greek words can encompass both lawful, voluntary
employment, but also life-long involuntary servitude. In some cases,
'servitude' would be a better translation than 'slavery.'
Dabney's approach, if we were serious about adopting it
wholesale,would certainly produce changes in our law code. Ask, for
example, is 'sex' 'malum in se,' evil in itself? No, of course not; a
married couple may have sexual relations without anyone blaming them for
anything. OK, so then, since sex is not evil in itself, then rape can at
most be a minor, technical violation, pertaining to an attendant
circumstance, namely the lack of consent. Um, it's a major crime. Try
again.
Replacement Theory
Dabney's grim warning of the replacement of the white race is a
theme that has not died down to the present day; you can hear it on
Fox News. He offers our neighbors to the South as a grim example of the
mongrelization to which race-mixing leads:
"We have before our eyes, in Mexico, the proof and
illustration of the satanic wisdom of their plan. There we saw a
splendid colonial empire, first blighted by abolition; then a
frantic spirit of levelling, declaring the equality of the colored
races with the Spaniard; and last, the mixture of the Castilian blood
— the grandest of all the Gothic — resulting in the mongrel
rabble which is now the shame and plague of that wretched land.
Such is the danger which is now before us." (Robert Lewis Dabney, Speech Against the
Ecclesiastical Equality of Negro Preachers in our Church, p. 8).
One Master
Some of those in Douglas Wilson's circle think that the abolitionists must
have been wrong, because Paul says that he is a slave of God. There can
be nothing wrong with slavery, they explain, if that relationship is
itself a model for the relation between God and man. But this proves
more than they hope to prove. Jesus says that you cannot serve two masters:
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