If there are any three things opposed to the genius of the American Constitution, they are these: irresponsibility in a judge, unlimited2 discretionary authority in an executive, and the union of an irresponsible judge and an unlimited executive in one person.
Yet by virtue4 of an enactment5 of Congress, all the Commodores in the American navy are obnoxious6 to these three charges, so far as concerns the punishment of the sailor for alleged7 misdemeanors not particularly set forth8 in the Articles of War.
Here is the enactment in question.
XXXII. Of the Articles of War.—"All crimes committed by persons belonging to the Navy, which are not specified9 in the foregoing articles, shall be punished according to the laws and customs in such cases at sea."
This is the article that, above all others, puts the scourge10 into the hands of the Captain, calls him to no account for its exercise, and furnishes him with an ample warrant for inflictions of cruelty upon the common sailor, hardly credible12 to landsmen.
By this article the Captain is made a legislator, as well as a judge and an executive. So far as it goes, it absolutely leaves to his discretion3 to decide what things shall be considered crimes, and what shall be the penalty; whether an accused person has been guilty of actions by him declared to be crimes; and how, when, and where the penalty shall be inflicted14.
In the American Navy there is an everlasting15 suspension of the Habeas Corpus. Upon the bare allegation of misconduct there is no law to restrain the Captain from imprisoning16 a seaman17, and keeping him confined at his pleasure. While I was in the Neversink, the Captain of an American sloop18 of war, from undoubted motives19 of personal pique20, kept a seaman confined in the brig for upward of a month.
Certainly the necessities of navies warrant a code for their government more stringent21 than the law that governs the land; but that code should conform to the spirit of the political institutions of the country that ordains22 it. It should not convert into slaves some of the citizens of a nation of free-men. Such objections cannot be urged against the laws of the Russian navy (not essentially23 different from our own), because the laws of that navy, creating the absolute one-man power in the Captain, and vesting in him the authority to scourge, conform in spirit to the territorial24 laws of Russia, which is ruled by an autocrat25, and whose courts inflict11 the knout upon the subjects of the land. But with us it is different. Our institutions claim to be based upon broad principles of political liberty and equality. Whereas, it would hardly affect one iota26 the condition on shipboard of an American man-of-war's-man, were he transferred to the Russian navy and made a subject of the Czar.
As a sailor, he shares none of our civil immunities27; the law of our soil in no respect accompanies the national floating timbers grown thereon, and to which he clings as his home. For him our Revolution was in vain; to him our Declaration of Independence is a lie.
It is not sufficiently28 borne in mind, perhaps, that though the naval29 code comes under the head of the martial30 law, yet, in time of peace, and in the thousand questions arising between man and man on board ship, this code, to a certain extent, may not improperly31 be deemed municipal. With its crew of 800 or 1,000 men, a three-decker is a city on the sea. But in most of these matters between man and man, the Captain instead of being a magistrate32, dispensing33 what the law promulgates34, is an absolute ruler, making and unmaking law as he pleases.
It will be seen that the XXth of the Articles of War provides, that if any person in the Navy negligently35 perform the duties assigned him, he shall suffer such punishment as a court-martial shall adjudge; but if the offender36 be a private (common sailor) he may, at the discretion of the Captain, be put in irons or flogged. It is needless to say, that in cases where an officer commits a trivial violation37 of this law, a court-martial is seldom or never called to sit upon his trial; but in the sailor's case, he is at once condemned38 to the lash39. Thus, one set of sea-citizens is exempted40 from a law that is hung in terror over others. What would landsmen think, were the State of New York to pass a law against some offence, affixing41 a fine as a penalty, and then add to that law a section restricting its penal13 operation to mechanics and day laborers42, exempting43 all gentlemen with an income of one thousand dollars? Yet thus, in the spirit of its practical operation, even thus, stands a good part of the naval laws wherein naval flogging is involved.
But a law should be "universal," and include in its possible penal operations the very judge himself who gives decisions upon it; nay44, the very judge who expounds45 it. Had Sir William Blackstone violated the laws of England, he would have been brought before the bar over which he had presided, and would there have been tried, with the counsel for the crown reading to him, perhaps, from a copy of his own Commentaries. And should he have been found guilty, he would have suffered like the meanest subject, "according to law."
How is it in an American frigate46? Let one example suffice. By the Articles of War, and especially by Article I., an American Captain may, and frequently does, inflict a severe and degrading punishment upon a sailor, while he himself is for ever removed from the possibility of undergoing the like disgrace; and, in all probability, from undergoing any punishment whatever, even if guilty of the same thing—contention with his equals, for instance—for which he punishes another. Yet both sailor and captain are American citizens.
Now, in the language of Blackstone, again, there is a law, "coeval47 with mankind, dictated48 by God himself, superior in obligation to any other, and no human laws are of any validity if contrary to this." That law is the Law of Nature; among the three great principles of which Justinian includes "that to every man should be rendered his due." But we have seen that the laws involving flogging in the Navy do not render to every man his due, since in some cases they indirectly49 exclude the officers from any punishment whatever, and in all cases protect them from the scourge, which is inflicted upon the sailor. Therefore, according to Blackstone and Justinian, those laws have no binding50 force; and every American man-of-war's-man would be morally justified51 in resisting the scourge to the uttermost; and, in so resisting, would be religiously justified in what would be judicially52 styled "the act of mutiny" itself.
If, then, these scourging53 laws be for any reason necessary, make them binding upon all who of right come under their sway; and let us see an honest Commodore, duly authorised by Congress, condemning54 to the lash a transgressing55 Captain by the side of a transgressing sailor. And if the Commodore himself prove a transgressor56, let us see one of his brother Commodores take up the lash against him, even as the boatswain's mates, the navy executioners, are often called upon to scourge each other.
Or will you say that a navy officer is a man, but that an American-born citizen, whose grandsire may have ennobled him by pouring out his blood at Bunker Hill—will you say that, by entering the service of his country as a common seaman, and standing57 ready to fight her foes58, he thereby59 loses his manhood at the very time he most asserts it? Will you say that, by so doing, he degrades himself to the liability of the scourge, but if he tarries ashore60 in time of danger, he is safe from that indignity61? All our linked states, all four continents of mankind, unite in denouncing such a thought.
We plant the question, then, on the topmost argument of all. Irrespective of incidental considerations, we assert that flogging in the navy is opposed to the essential dignity, of man, which no legislator has a right to violate; that it is oppressive, and glaringly unequal in its operations; that it is utterly62 repugnant to the spirit of our democratic institutions; indeed, that it involves a lingering trait of the worst times of a barbarous feudal63 aristocracy; in a word, we denounce it as religiously, morally, and immutably64 wrong.
No matter, then, what may be the consequences of its abolition65; no matter if we have to dismantle66 our fleets, and our unprotected commerce should fall a prey67 to the spoiler, the awful admonitions of justice and humanity demand that abolition without procrastination68; in a voice that is not to be mistaken, demand that abolition today. It is not a dollar-and-cent question of expediency69; it is a matter of right and wrong. And if any man can lay his hand on his heart, and solemnly say that this scourging is right, let that man but once feel the lash on his own back, and in his agony you will hear the apostate70 call the seventh heavens to witness that it is wrong. And, in the name of immortal71 manhood, would to God that every man who upholds this thing were scourged72 at the gangway till he recanted.
点击收听单词发音
1 iniquity | |
n.邪恶;不公正 | |
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2 unlimited | |
adj.无限的,不受控制的,无条件的 | |
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3 discretion | |
n.谨慎;随意处理 | |
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4 virtue | |
n.德行,美德;贞操;优点;功效,效力 | |
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5 enactment | |
n.演出,担任…角色;制订,通过 | |
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6 obnoxious | |
adj.极恼人的,讨人厌的,可憎的 | |
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7 alleged | |
a.被指控的,嫌疑的 | |
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8 forth | |
adv.向前;向外,往外 | |
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9 specified | |
adj.特定的 | |
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10 scourge | |
n.灾难,祸害;v.蹂躏 | |
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11 inflict | |
vt.(on)把…强加给,使遭受,使承担 | |
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12 credible | |
adj.可信任的,可靠的 | |
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13 penal | |
adj.刑罚的;刑法上的 | |
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14 inflicted | |
把…强加给,使承受,遭受( inflict的过去式和过去分词 ) | |
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15 everlasting | |
adj.永恒的,持久的,无止境的 | |
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16 imprisoning | |
v.下狱,监禁( imprison的现在分词 ) | |
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17 seaman | |
n.海员,水手,水兵 | |
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18 sloop | |
n.单桅帆船 | |
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19 motives | |
n.动机,目的( motive的名词复数 ) | |
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20 pique | |
v.伤害…的自尊心,使生气 n.不满,生气 | |
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21 stringent | |
adj.严厉的;令人信服的;银根紧的 | |
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22 ordains | |
v.任命(某人)为牧师( ordain的第三人称单数 );授予(某人)圣职;(上帝、法律等)命令;判定 | |
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23 essentially | |
adv.本质上,实质上,基本上 | |
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24 territorial | |
adj.领土的,领地的 | |
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25 autocrat | |
n.独裁者;专横的人 | |
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26 iota | |
n.些微,一点儿 | |
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27 immunities | |
免除,豁免( immunity的名词复数 ); 免疫力 | |
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28 sufficiently | |
adv.足够地,充分地 | |
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29 naval | |
adj.海军的,军舰的,船的 | |
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30 martial | |
adj.战争的,军事的,尚武的,威武的 | |
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31 improperly | |
不正确地,不适当地 | |
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32 magistrate | |
n.地方行政官,地方法官,治安官 | |
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33 dispensing | |
v.分配( dispense的现在分词 );施与;配(药) | |
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34 promulgates | |
v.宣扬(某事物)( promulgate的第三人称单数 );传播;公布;颁布(法令、新法律等) | |
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35 negligently | |
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36 offender | |
n.冒犯者,违反者,犯罪者 | |
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37 violation | |
n.违反(行为),违背(行为),侵犯 | |
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38 condemned | |
adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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39 lash | |
v.系牢;鞭打;猛烈抨击;n.鞭打;眼睫毛 | |
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40 exempted | |
使免除[豁免]( exempt的过去式和过去分词 ) | |
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41 affixing | |
v.附加( affix的现在分词 );粘贴;加以;盖(印章) | |
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42 laborers | |
n.体力劳动者,工人( laborer的名词复数 );(熟练工人的)辅助工 | |
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43 exempting | |
使免除[豁免]( exempt的现在分词 ) | |
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44 nay | |
adv.不;n.反对票,投反对票者 | |
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45 expounds | |
论述,详细讲解( expound的第三人称单数 ) | |
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46 frigate | |
n.护航舰,大型驱逐舰 | |
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47 coeval | |
adj.同时代的;n.同时代的人或事物 | |
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48 dictated | |
v.大声讲或读( dictate的过去式和过去分词 );口授;支配;摆布 | |
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49 indirectly | |
adv.间接地,不直接了当地 | |
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50 binding | |
有约束力的,有效的,应遵守的 | |
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51 justified | |
a.正当的,有理的 | |
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52 judicially | |
依法判决地,公平地 | |
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53 scourging | |
鞭打( scourge的现在分词 ); 惩罚,压迫 | |
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54 condemning | |
v.(通常因道义上的原因而)谴责( condemn的现在分词 );宣判;宣布…不能使用;迫使…陷于不幸的境地 | |
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55 transgressing | |
v.超越( transgress的现在分词 );越过;违反;违背 | |
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56 transgressor | |
n.违背者 | |
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57 standing | |
n.持续,地位;adj.永久的,不动的,直立的,不流动的 | |
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58 foes | |
敌人,仇敌( foe的名词复数 ) | |
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59 thereby | |
adv.因此,从而 | |
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60 ashore | |
adv.在(向)岸上,上岸 | |
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61 indignity | |
n.侮辱,伤害尊严,轻蔑 | |
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62 utterly | |
adv.完全地,绝对地 | |
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63 feudal | |
adj.封建的,封地的,领地的 | |
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64 immutably | |
adv.不变地,永恒地 | |
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65 abolition | |
n.废除,取消 | |
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66 dismantle | |
vt.拆开,拆卸;废除,取消 | |
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67 prey | |
n.被掠食者,牺牲者,掠食;v.捕食,掠夺,折磨 | |
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68 procrastination | |
n.拖延,耽搁 | |
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69 expediency | |
n.适宜;方便;合算;利己 | |
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70 apostate | |
n.背叛者,变节者 | |
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71 immortal | |
adj.不朽的;永生的,不死的;神的 | |
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72 scourged | |
鞭打( scourge的过去式和过去分词 ); 惩罚,压迫 | |
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