art of the legal claim, where a person took the _life_ of
another. In such case, the law spurned money, whatever the sum. God
would not cheapen human life, by balancing it with such a weight. "Ye
shall take NO SATISFACTION for the life of a murderer, but he shall
surely be put to death." Num. xxxv. 31. Even in excusable homicide,
where an axe slipped from the helve and killed a man, no sum of money
availed to release from confinement in the city of refuge, until the
death of the High Priest. Num. xxxv. 32. The doctrine that the loss of
the servant would be a penalty _adequate_ to the desert of the master,
admits his _guilt_ and his desert of _some_ punishment, and it
prescribes a kind of punishment, rejected by the law, in all cases where
man took the life of man, whether with or without intent to kill. In
short, the objector annuls an integral part of the system--makes a _new_
law, and coolly metes out such penalty as he thinks fit. Divine
legislation revised and improved! The master who struck out his
servant's tooth, whether intentionally or not, was required to set him
free. The _pecuniary loss_ to the master was the same as though he had
killed him. Look at the two cases. A master beats his servant so that he
dies of his wounds; another accidentally strikes out his servant's
tooth,--_the pecuniary loss of both masters is the same_. If the loss of
the servant's services is punishment sufficient for the crime of killing
him, would God command the same punishment for the accidental knocking
out of a _tooth_? Indeed, unless the injury was done _inadvertently_,
the loss of the servant's services was only a part of the
punishment--mere reparation to the _individual_ for injury done; the
main punishment, that strictly _judicial_, was reparation to the
_community_. To set the servant _free_, and thus proclaim his injury,
his right to redress, and the measure of it--answered not the ends of
_public_ justice. The law made an example of the offender, that "those
that remain might hear and fear." "If a man cause a blemish in his
neighbor, as he hath done, so shall it be done unto him. Breach for
breach, eye for eye, tooth for tooth. Ye shall have one manner of law as
well for the STRANGER as for one of your own country." Lev. xxiv. 19,
20, 22. Finally, if a master smote out _his_ servant's tooth, the law
smote out his tooth--thus redressing the _public_ wrong; and it
cancelled the servant's obligation to the master, thus giving