d 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 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.
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. 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_-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
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