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 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