Now slavery is directly opposed to this law of nature. It strips a slave of everything, and of the power to acquire anything. No one is so poor as a slave. He cannot own a coat, or a pair of shoes, a house, or a foot of land. No industry, economy, skill or patriotism4 can release him from this state of destitu[Pg 65]tion, because it is a logical result of the relation in which he is placed by the slave code. Being himself a chattel5, whatever he acquires or in any way gains possession of, is, as a matter of course, the acquirement and possession of his master. Hence, while living in a land of universal plenty, and toiling7 incessantly8 upon the fruitful earth, created and adorned9 for the use of every man, no alms-house pauper10 is so wretchedly impoverished12 as the American slave.
“Slaves have no legal rights in things, real or personal; but whatever they may acquire, belongs in point of law to their masters.” (Stroud.) “Slaves are incapable13 of inheriting or transmitting property.” (Civil Code.)
Here is a case which will illustrate14 the point in hand. A slave by the name of Frederick enlisted16 and fought bravely through the American Revolution. In 1821 his name was found on the muster18 roll, and a warrant was issued granting him the soldier’s bounty19 of a thousand acres of land. Now whose land was that? Reason and justice would answer, it belonged to the black veteran and his heirs forever. But the heirs of Frederick’s old master understood something about slave law, and brought the case into court that it might be legally determined20 who owned the bounty land. After[Pg 66] much learned argument, Judge Catron delivered the following decision:—“Frederick, the slave of Col. Patton, earned this warrant by his services in the continental21 line. What is earned by the slave belongs to the master, by the common law, the civil law, and the recognized rules of property in the slaveholding States of this union.”
This was an extreme case, and as Pres. Blanchard observes, “if Shylock’s bond of human flesh might have been relaxed, if ever the laws of slavery might have been mitigated22 in practice, it ought to have been in the case of this veteran soldier.” But the “pound of flesh” was exacted. The law reducing slaves to utter pauperism23 is inexorable. Poor Frederick had no more claim to that land than Col. Patton’s horse had.
5. Slavery authorizes24 the violation25 of the most solemn contracts. Strictly26 speaking, a slave cannot become a party to a legal contract. His inability to do so arises out of his relation to society, and the evil genius which presides at all times over legislation for slaves is very careful to permit nothing to be enacted27, unless from absolute necessity, that can be construed28 into an acknowledgment that the slave is a man and has rights which he is authorized29 to maintain. Hence a contract with a slave may be[Pg 67] violated with impunity30. He may suffer the most flagrant wrongs, but is barred from courts of justice and can obtain no relief.
On this point the following authorities are quoted.
“Chancery cannot enforce a contract between a master and his slave though the slave perform his part.” (Wheeler.) “One principle prevails in all the States * * and that is that a slave cannot make a contract, not even the contract of marriage.” (ib.)
“In the case of Sawney vs. Carter the court refused to enforce a promise by a master to emancipate31 his slave where the conditions of the promise had been partly complied with. The court proceeded upon the principle that it was not competent to a court in Chancery to enforce a contract between a master and slave, even though the contract should be fully32 complied with on the part of the slave.” (Goodell.)
In numerous instances masters and other white persons have taken advantage of this unjust and malicious33 feature of slave law. It is no uncommon34 occurrence for a slave to contract with his master for freedom. He agrees to raise, by extra labor35, a specified36 sum of money which is to be the price of his liberty. Animated37 with the hope of obtaining that precious right for which he has long sighed, he endures[Pg 68] incredible hardships, toils38 night after night, and, at the end of many weary years, lays before his master a part or the whole of the price agreed upon. Now when this is done, the master may, in perfect accordance with American slave law, pocket the hard-earned money and sell the slave to the next trader, or keep him until death in his own service. If the slave repine at this treatment, he may be whipped into submission39. If he run away, he may be pursued with revolvers and blood-hounds, and we are all required by the Fugitive40 Slave Law to help catch him and carry him back to his faithless master. A case occurred within the present year in Ky., which illustrates41 this odious42 feature of slave law. Here is a brief statement of the facts.
“Sam Norris, a colored man, has been living in Covington about five years, has married a free colored woman and has had by her several children. He belongs to a Mr. J. N. Patton, of Virginia, who permitted him to come to Covington, and engage in whatever services he saw proper, on condition that Sam would pay him out of his earnings44, a stipulated45 sum per annum, we believe, about $100. The surplus, whatever it might be, was to belong to the slave. Sam was punctual for several years. He was sober and industrious46, and[Pg 69] in his humble47 way, very prosperous. About two years ago Mr. Patton came west on a visit and agreed with Sam that if he would pay him the sum of $400 he would give him his freedom. Sam gratefully accepted the proposal, and at once paid down out of his hard earnings $135 and has since given his master some $40 or $50 more.
“Patton now comes forward to rescind48 the contract and claim his slave. The case was yesterday decided49 by the Hon. Judge Pryor, in favor of Patton. In delivering his decision, his Honor stated the following facts:
“1st. That the laws of Kentucky recognize but two modes of liberating50 slaves, by will and by deeds of emancipation51.
“2d. That a slave cannot make a contract.
“3d. That the contract was executory, and at the time fixed52 for the negro’s freedom, future and contingent53.
“4th. That so long as Sam was a slave, the master was entitled to his services, and the money he (Patton) had received was in law his own.
“The opinion was able and elaborate, and the authorities numerous and decided. His Honor characterized the case as one of great “hardship and cruelty,” and every one in the[Pg 70] court room seemed to sympathize deeply with the poor negro.”
A lady at St. Louis, Mo., related to Mrs. F. D. Gage43 the following circumstance, which transpired54 in that city a short time ago.
“I had, said the lady, an old colored woman washing for me a few years ago, for four or five years—one of the most faithful, truthful55, and pious56 women, I ever knew—black or white. She was once a slave, belonging to Davenport. But he was a kinder man than other men, and gave her the privilege of buying her freedom for one thousand dollars! This sum the old and faithful creature earned and paid herself. Only think of it!—one thousand dollars for the privilege of buying what our wise statesmen call the “inalienable right of men,” bestowed by the Creator. When free she stipulated for the freedom of her son, and this, with years of toil6, she earned; and when he came to manhood he too was free.
“Think of this, fair mothers of our land! Ye who hug to your heart the children of your love, and feel a mother’s love and this for them. You work to clothe, to school and make comfortable those dependent upon your care; but which of you can measure the toil that this poor, stricken mother had to bear, ere[Pg 71] she filed away the galling57 chains from the limbs of her child!
“Well, when the mother and son were free, they pledged themselves to the owner of another plantation58, to pay another thousand for the wife and child of the ransomed59 son. The master allowed the woman to come to the city, and live with her husband, and work on her own hook—paying him so much per month. Three hundred dollars has been paid. Some time in April, this oppressed class had a public tea-party and fair, to gather funds to furnish their church, a neat edifice60 on —— St. The mother, son, and wife were there, returned home, or started home, about midnight—the horses ran away, and George, attempting to get off the carriage to assist the driver, fell, and his head was dashed to pieces against the corner of a curb-stone.
“He died instantly, and the morning papers announced the fact, and spoke61 of him as “highly worthy62 and respectable, and a member of ---- Church.” But no sooner had the owner of Susan, the wife, heard of George’s death, than he hurried to the city post-haste, and took the afflicted63 wife from their house, drove her to the Slave auction64, and sold her to southern traders.
“Thus were the three hundred dollars lost to[Pg 72] those who earned it, the old, toiling mother left childless; and the young wife, but yesterday rejoicing in the strength and hope of freedom and love, suddenly turned into a chattel, and sold “away down South,” to be a beast of burden—perhaps for a Legree.”
“When did it happen inquired Mrs. Gage?”
“Why, here, lately. I met the old mother as I came from the “Fourth” Pic nic. She was dressed in deep mourning. I had not seen her for a long time, for they had got them a home, and she did not wash any more. I asked her what had happened, and she told me all. O! Mrs. G., how it made me feel! I celebrating our liberty, she, a woman—a wife—a mother mourning over enslaved and doubly-wronged children.
““I know there is a God, Mrs. Lilly,” the poor bowed creature said to me, “I know there is a good God, and a Jesus, or I should give up in despair, and sometimes I do; I look up and down and all round, and there is no light!””
Slavery leaves its victims a prey65 to unchecked avarice66. What protection has a slave against the avarice of his master? Let us see. A law of South Carolina provides that slaves shall “not labor to exceed fifteen hours” out of twenty four. This is called protection!
“The slave is driven to the field in the morn[Pg 73]ing about four o’clock. The general calculation is to get them to work by day-light. The time for breakfast is between nine and ten o’clock. This meal is sometimes eaten ‘bite and work,’ others allow fifteen minutes, and this is the only rest the slave has while in the field.” (G. W. Westgate.)
“In North Carolina, the legal standard of food for a slave must not be less than a quart of corn per day. In Louisiana the legal standard is one barrel of Indian corn—or the equivalent thereof in rice, beans or other grain, and a pint67 of salt, every month.” “The quantity allowed by custom,” said T. S. Clay of Georgia, “is a peck of corn per week.”
When they return to their miserable68 huts at night, they find not there the means of comfortable rest, but on the cold ground they must lie, without covering, and shiver while they slumber69.
“The clothing of slaves by day, and their covering by night, are inadequate70 either for comfort or decency71, in any or most of the slaveholding States.” (Elliott.)
It is notorious that slaves, on large plantations72 especially, are miserably73 fed, clothed and lodged75, and during busy seasons of the year, most unmercifully worked.
[Pg 74]
6. Slavery abandons its victims to unbridled lust15. Against a master’s lusts76 a slave has no protection. It is an established principle of the slave code that the testimony77 of a slave against a white person cannot be received in a court of justice. A slave woman who may be abused cannot resort to the law. To whom can she appeal? To God only. The master may torture her in any way, so that he take not her life, in order to force a compliance78 with his base designs!
“A very beautiful girl belonging to the estate of John French, a deceased gambler of New Orleans, was sold a few days since, for the round sum of seven thousand dollars! An ugly old bachelor, named Gouch, was the purchaser. The Picayune says that she was remarkable79 for her beauty and intelligence; and that there was considerable strife80 as to who should be the purchaser.” (Elliott.)
Any one can understand why that beautiful, intelligent slave girl brought SEVEN THOUSAND DOLLARS! She was bought for a sacrifice to lust! And the law gave her no protection. It required her to submit unresistingly to the will of her owner and that owner was a base libertine81!
7. Slavery exposes its victims to the fury of unrestrained passion. A master in a violent[Pg 75] passion may fall upon his slave, and beat him unmercifully without the slightest provocation82 and the slave has no redress83.
“The master is not liable for an assault and battery committed upon the person of his slave.” (Wheeler.)
A Methodist minister, Rev17. J. Boucher, relates the following incident:
“While on the Alabama circuit I spent the Sabbath with an old circuit preacher, who was also a doctor, living near ‘the horse shoe,’ celebrated84 as Gen. Jackson’s battle ground. On Monday morning early, he was reading Pope’s Messiah to me, when his wife called him out. I glanced my eye out of the window, and saw a slave man standing85 by, and they consulting over him. Presently the doctor took a rawhide86 from under his coat, and began to cut up the half-naked back of the slave. I saw six or seven inches of the skin turn up perfectly87 white at every stroke, till the whole back was red with gore88. The lacerated man cried out some at first; but at every blow the doctor cried, ‘won’t ye hush89? won’t ye hush?’ till the slave finally stood still and groaned90. As soon as he had done, the doctor came in panting, almost out of breath, and, addressing me, said, ‘Won’t you go to prayer with us, sir?’ I fell on my knees[Pg 76] and prayed, but what I said I knew not. When I came out the poor creature had crept up and knelt by the door during prayer; and his back was a gore of blood quite to his heels.”
Now this slave could not appeal to the law for redress or protection; and the same cruel beating might have been repeated every week until death had come to his relief, and the poor wretch11 must only bear it—that is all. He was wholly at the mercy of the passions of his master.
8. Slavery subjects its victims to uncontrolled and irresponsible tyranny. Irresponsible power cannot be safely entrusted91 with the wisest and most humane92 persons. It is always liable to great abuses. But when all sorts of men are invested with it, when it can be purchased with money, terrible beyond conception are its results. Woe93 to the unhappy man who is put absolutely into the power of a hard hearted villain94. But slaves are property and are exposed to the irresponsible power of their masters.
A master or overseer may, with impunity inflict95 upon a slave, without the slightest provocation, any kind of torture, which can be endured, and impose upon him all kinds of sufferings, hardships and insults.
[Pg 77]
He may clothe him in rags, feed him upon corn, lodge74 him in a mere96 pen of poles, work him beyond his ability, kick him, cuff97 him, knock him down, put him in stocks, strip him, tie him to a stake, and with a keen lash98 lay on his bare back until the blood runs in a stream to his heels. The laws not only allow this to be done, but it is done continually. Women, yes, tender, delicate women; daughters, sisters and mothers are unprotected by the laws. They may be, and are tied to the whipping post; every day that we live, this is done, and their quivering flesh mangled99 by the cow-skin.
Dr. Howe visited a prison in New Orleans, in which fugitive slaves are confined, and to which many slaves are brought by their masters to be whipped, for which punishment a small fee is paid. In a letter to Hon. Charles Sumner, he says:
“Entering a large paved court-yard, around which ran galleries filled with slaves of all ages, sexes and colors, I heard the snap of a whip, every stroke of which sounded like the sharp crack of a pistol. I turned my head, and beheld100 a sight which absolutely chilled me to the marrow101 of my bones, and gave me, for the first time in my life, the sensation of my hair stiffening102 at the roots. There lay a black[Pg 78] girl flat upon her face, on a board, her two thumbs tied, and fastened to one end, her feet tied, and drawn103 tightly to the other end, while a strap104 passed over the small of her back, and, fastened around the board, compressed her closely to it. Below the strap she was entirely105 naked. By her side, and six feet off, stood a huge monster with a long whip, which he applied106 with dreadful power and wonderful precision. Every stroke brought away a strip of skin, which clung to the lash, or fell quivering on the pavement, while the blood followed after it. The poor creature writhed107 and shrieked108, and in a voice which showed alike her fear of death and her dreadful agony, screamed to her master, who stood at her head, ‘O, spare my life! don’t cut my soul out!’ But still fell the horrid109 lash; still strip after strip peeled off from the skin; gash110 after gash was cut in her living flesh, until it became a livid and bloody111 mass of raw and quivering muscle. It was with the greatest difficulty I refrained from springing upon the torturer, and arresting his lash; but, alas112! what could I do, but turn aside and hide my tears for the sufferer, and my blushes for humanity? This was in a public and regularly-organized prison; the punishment was one recognized and authorized by the law. But think you that the poor wretch had committed a[Pg 79] heinous113 offense114, and had been convicted thereof and sentenced to the lash? Not at all. She was brought by her master to be whipped by the common executioner, without trial, judge or jury, just at his beck or nod, for some real or supposed offense, or to gratify his own whim115 or malice116. And he may bring her day after day, without cause assigned, and inflict any number of lashes117 he pleases, short of twenty-five, provided only he pays the fee. Or, if he choose, he may have a private whipping board on his own premises118, and brutalize himself there.”
All this is done according to law. “We cannot allow,” said Judge Ruffin, “the right of the master to be brought into discussion in the courts of justice. The slave, to remain a slave, must be made sensible that there is NO APPEAL FROM HIS MASTER.” The same Judge decided—that “THE POWER OF THE MASTER MUST BE ABSOLUTE IN ORDER TO RENDER THE SUBMISSION OF THE SLAVE PERFECT.” How dreadful is this tyranny!
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utterly
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| adv.完全地，绝对地 | |
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impoverishes
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| v.使（某人）贫穷( impoverish的第三人称单数 )；使（某物）贫瘠或恶化 | |
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bestowed
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| 赠给，授予( bestow的过去式和过去分词 ) | |
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patriotism
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| n.爱国精神，爱国心，爱国主义 | |
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chattel
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| n.动产；奴隶 | |
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toil
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| vi.辛劳工作，艰难地行动；n.苦工，难事 | |
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toiling
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| 长时间或辛苦地工作( toil的现在分词 )； 艰难缓慢地移动，跋涉 | |
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incessantly
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adorned
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pauper
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| n.贫民，被救济者，穷人 | |
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wretch
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| n.可怜的人，不幸的人；卑鄙的人 | |
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impoverished
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| adj.穷困的，无力的，用尽了的v.使（某人）贫穷( impoverish的过去式和过去分词 )；使（某物）贫瘠或恶化 | |
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incapable
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| adj.无能力的，不能做某事的 | |
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illustrate
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| v.举例说明，阐明；图解，加插图 | |
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lust
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| n.性(淫)欲；渴(欲)望；vi.对…有强烈的欲望 | |
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enlisted
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| adj.应募入伍的v.（使）入伍， （使）参军( enlist的过去式和过去分词 )；获得（帮助或支持） | |
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rev
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muster
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| v.集合，收集，鼓起，激起；n.集合，检阅，集合人员，点名册 | |
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bounty
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determined
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| adj.坚定的；有决心的 | |
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continental
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| adj.大陆的，大陆性的，欧洲大陆的 | |
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mitigated
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pauperism
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authorizes
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violation
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strictly
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enacted
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construed
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authorized
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impunity
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| n.(惩罚、损失、伤害等的)免除 | |
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emancipate
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fully
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malicious
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uncommon
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labor
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| n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦 | |
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specified
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animated
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| adj.生气勃勃的，活跃的，愉快的 | |
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toils
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| 网 | |
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submission
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| n.服从，投降；温顺，谦虚；提出 | |
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fugitive
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| adj.逃亡的，易逝的；n.逃犯，逃亡者 | |
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illustrates
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| 给…加插图( illustrate的第三人称单数 )； 说明； 表明； （用示例、图画等）说明 | |
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odious
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| adj.可憎的，讨厌的 | |
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gage
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| n.标准尺寸，规格；量规，量表 [=gauge] | |
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earnings
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| n.工资收人；利润，利益，所得 | |
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stipulated
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| vt.& vi.规定；约定adj.[法]合同规定的 | |
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industrious
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| adj.勤劳的，刻苦的，奋发的 | |
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humble
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| adj.谦卑的，恭顺的；地位低下的；v.降低，贬低 | |
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rescind
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| v.废除，取消 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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liberating
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| 解放，释放( liberate的现在分词 ) | |
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emancipation
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| n.（从束缚、支配下）解放 | |
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fixed
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| adj.固定的，不变的，准备好的；(计算机)固定的 | |
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contingent
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| adj.视条件而定的；n.一组，代表团，分遣队 | |
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transpired
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| （事实，秘密等）被人知道( transpire的过去式和过去分词 )； 泄露； 显露； 发生 | |
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truthful
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| adj.真实的，说实话的，诚实的 | |
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pious
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| adj.虔诚的；道貌岸然的 | |
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galling
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| adj.难堪的,使烦恼的,使焦躁的 | |
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plantation
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| n.种植园，大农场 | |
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ransomed
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| 付赎金救人，赎金( ransom的过去式和过去分词 ) | |
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60
edifice
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| n.宏伟的建筑物(如宫殿，教室) | |
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61
spoke
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| n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说 | |
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worthy
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| adj.(of)值得的，配得上的；有价值的 | |
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afflicted
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| 使受痛苦，折磨( afflict的过去式和过去分词 ) | |
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64
auction
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| n.拍卖；拍卖会；vt.拍卖 | |
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prey
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| n.被掠食者，牺牲者，掠食；v.捕食，掠夺，折磨 | |
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avarice
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| n.贪婪；贪心 | |
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pint
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| n.品脱 | |
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miserable
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| adj.悲惨的，痛苦的；可怜的，糟糕的 | |
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slumber
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| n.睡眠，沉睡状态 | |
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70
inadequate
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| adj.(for,to)不充足的，不适当的 | |
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decency
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| n.体面，得体，合宜，正派，庄重 | |
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72
plantations
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| n.种植园，大农场( plantation的名词复数 ) | |
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miserably
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| adv.痛苦地；悲惨地；糟糕地；极度地 | |
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74
lodge
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| v.临时住宿，寄宿，寄存，容纳；n.传达室，小旅馆 | |
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lodged
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| v.存放( lodge的过去式和过去分词 )；暂住；埋入；（权利、权威等）归属 | |
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76
lusts
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| 贪求（lust的第三人称单数形式） | |
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77
testimony
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| n.证词；见证，证明 | |
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compliance
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| n.顺从；服从；附和；屈从 | |
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remarkable
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| adj.显著的，异常的，非凡的，值得注意的 | |
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strife
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| n.争吵，冲突，倾轧，竞争 | |
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81
libertine
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| n.淫荡者；adj.放荡的，自由思想的 | |
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82
provocation
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| n.激怒，刺激，挑拨，挑衅的事物，激怒的原因 | |
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redress
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| n.赔偿，救济，矫正；v.纠正，匡正，革除 | |
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celebrated
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| adj.有名的，声誉卓著的 | |
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standing
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| n.持续，地位；adj.永久的，不动的，直立的，不流动的 | |
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rawhide
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| n.生牛皮 | |
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perfectly
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| adv.完美地，无可非议地，彻底地 | |
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gore
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| n.凝血，血污；v.（动物）用角撞伤，用牙刺破；缝以补裆；顶 | |
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89
hush
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| int.嘘，别出声；n.沉默，静寂；v.使安静 | |
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groaned
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| v.呻吟( groan的过去式和过去分词 )；发牢骚；抱怨；受苦 | |
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entrusted
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| v.委托，托付( entrust的过去式和过去分词 ) | |
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humane
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| adj.人道的，富有同情心的 | |
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woe
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| n.悲哀，苦痛，不幸，困难；int.用来表达悲伤或惊慌 | |
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villain
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| n.反派演员，反面人物；恶棍；问题的起因 | |
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inflict
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| vt.(on)把…强加给，使遭受，使承担 | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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cuff
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| n.袖口；手铐；护腕；vt.用手铐铐；上袖口 | |
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lash
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| v.系牢；鞭打；猛烈抨击；n.鞭打；眼睫毛 | |
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mangled
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| vt.乱砍（mangle的过去式与过去分词形式） | |
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100
beheld
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| v.看，注视( behold的过去式和过去分词 )；瞧；看呀；（叙述中用于引出某人意外的出现）哎哟 | |
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marrow
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| n.骨髓；精华；活力 | |
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102
stiffening
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| n. (使衣服等)变硬的材料, 硬化 动词stiffen的现在分词形式 | |
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103
drawn
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| v.拖，拉，拔出；adj.憔悴的，紧张的 | |
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104
strap
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| n.皮带，带子；v.用带扣住，束牢；用绷带包扎 | |
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105
entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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106
applied
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| adj.应用的；v.应用，适用 | |
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107
writhed
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| （因极度痛苦而）扭动或翻滚( writhe的过去式和过去分词 ) | |
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108
shrieked
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| v.尖叫( shriek的过去式和过去分词 ) | |
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109
horrid
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| adj.可怕的；令人惊恐的；恐怖的；极讨厌的 | |
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110
gash
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| v.深切，划开；n.(深长的)切(伤)口；裂缝 | |
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111
bloody
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| adj.非常的的；流血的；残忍的；adv.很；vt.血染 | |
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112
alas
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| int.唉(表示悲伤、忧愁、恐惧等) | |
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113
heinous
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| adj.可憎的，十恶不赦的 | |
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114
offense
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| n.犯规，违法行为；冒犯，得罪 | |
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115
whim
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| n.一时的兴致，突然的念头；奇想，幻想 | |
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116
malice
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| n.恶意，怨恨，蓄意；[律]预谋 | |
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117
lashes
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| n.鞭挞( lash的名词复数 )；鞭子；突然猛烈的一击；急速挥动v.鞭打( lash的第三人称单数 )；煽动；紧系；怒斥 | |
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118
premises
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| n.建筑物，房屋 | |
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