wonder that
God, in a code of laws prepared for such a people at such a time, should
uprear on its foreground a blazing beacon to flash terror on
slaveholders. "_He that stealeth a man and selleth him, or if he be
found in his hand, he shall surely be put to death."_ Ex. xxi. 16. Deut.
xxiv, 7[A]. God's cherubim and flaming sword guarding the entrance to
the Mosaic system!
[Footnote A: Jarchi, the most eminent of the Jewish Commentators, who
wrote seven hundred years ago, in his comment on this stealing and
making merchandize of men, gives the meaning thus:--"Using a man against
his will, as a servant lawfully purchased; yea, though he should use his
services ever so little, only to the value of a farthing, or use but his
arm to lean on to support him, _if he be forced so to act as a servant_,
the person compelling him but once to do so, shall die as a thief,
whether he has sold him or not."]
The word _Ganabh_ here rendered _stealeth,_ means, the taking of what
belongs to another, whether by violence or fraud; the same word is used
in the eight commandment, and prohibits both robbery and theft.
The crime specified, is that of depriving SOMEBODY of the ownership of a
man. Is this somebody a master? and is the crime that of depriving a
master of his servant? Then it would have been "he that stealeth" a
_servant_, not "he that stealeth a _man_." If the crime had been the
taking of an individual from _another_, then the _term_ used would have
been expressive of that relation, and most especially if it was the
relation of property and _proprietor!_
The crime is stated in a three-fold form--man _stealing_, _selling_, and
_holding_. All are put on a level, and whelmed under one
penalty--DEATH[A]. This _somebody_ deprived of the ownership of a man,
is the _man himself_, robbed of personal ownership. Joseph said, "Indeed
I was _stolen_ away out of the land of the Hebrews." Gen. xl. 15. How
_stolen?_ His brethren sold him as an article of merchandize. Contrast
this penalty for _man_-stealing with that for _property_-stealing, Ex.
xxii. 14. If a man had stolen an _ox_ and killed or sold it, he was to
restore five oxen; if he had neither sold nor killed it, two oxen. But
in the case of stealing a _man_, the _first_ act drew down the utmost
power of punishment; however often repeated or aggravated the crime,
human penalty could do no more. The fact that the penalty for
_man_-stealing was death, and the penalty for _property_
|