Slavery -- United States; United States -- Politics and government -- 1849-1853
So it is related of Sir Walter Scott, that, when he was a boy at
school, he got within one of the head of his class. But the boy at the
head never made a mistake, and so he stood there, as perseveringly
as the letter A stands at the head of the alphabet. But Sir Walter
observed that, when his classmate was reciting, his fingers always
fumbled with a button on his jacket, and, watching his opportunity
at their next romping on the playground, he cut off the button from
his rival’s jacket; and, at the very next lesson, the boy, being
disconcerted at not finding the button, missed his answer, and Sir
Walter rose to the head. But surely this was not stealing.
The reason why, in each of these cases, one would not be guilty of
stealing, is, that he does not mean to make the article taken his own.
He gets a temporary advantage from it, but does no act that proves
a design of permanent or unlimited ownership. Hence there is the
broadest and most striking difference between stealing and malicious
mischief. If one man takes the property of another, merely to destroy
or annihilate it, out of ill will or revenge towards the owner, this
is malicious mischief only, and not stealing. It is not punished as
stealing. Morally, it may be as wrong,--perhaps worse than stealing
itself. But this impulse which prompts to the _destruction_ of
another man’s property is vastly weaker than that which leads to its
_appropriation_. The latter is gratified a thousand times where the
former is once, and therefore the law visits the former with the milder
penalty. If taking property from its owner from revenge, and for the
malicious purpose of destroying it, be not stealing, but only malicious
mischief, then surely taking the property for the benevolent purpose
of doing a kindness to the property itself,--as to a slave,--is not
stealing.
Public-domain text, read in full here on John Shaqi.
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