Chapter 27 The Habeas Corpus

THE Captain of the Janson had settled his business, and was anxious to return home. He had done all in his power for Manuel, and notwithstanding the able exertions¹ of the consul² were combined with his, he had effected nothing to relieve him. The law was imperative³, and if followed out, there was no alternative for him, except upon the ground of his proving himself entitled to a white man's privileges. To do this would require an endless routine of law, which would increase his anxiety and suffering twofold. Mr. Grimshaw had been heard to say, that if an habeas corpus were sued out, he should stand upon the technicality of an act of the legislature, refuse to answer the summons or give the man up. No, he would himself stand the test upon the point of right to the habeas corpus, and if he was committed for refusing to deliver up the prisoner, he would take advantage of another act of the legislature, and after remaining a length of time in jail, demand his release according to the statutes⁴. So far was Mr. Grimshaw impressed with his own important position in the matter, and of the course which he should pursue, that he several times told the prisoners that he should be a prisoner among them in a few days, to partake of the same fare.

Judge Withers⁵, however, saved him the necessity of such important trouble. To those acquainted with Judge Withers it would be needless to dwell upon the traits of his character. To those who are not, we can say that his were feelings founded upon interest-moving in the foremost elements of secession-arbitrary, self-willed, and easily swayed by prejudice-a man known to the public and the bar for his frigidity⁶, bound in his own opinions, and yielding second to the wishes and principles of none-fearful of his popularity as a judge, yet devoid⁷ of those sterling⁸ principles which deep jurists bring to their aid when considering important questions, where life or liberty is at stake-a mind that would rather reinstate monarchy⁹ than spread the blessings¹⁰ of a free government. What ground have we here to hope for a favorable issue?

Thus when the consul applied¹¹ for the writ¹² of habeas corpus, the right was denied him, notwithstanding the subject was heir-inherent to all the rights of citizenship¹³ and protection, which the laws of his own nation could clothe him with. To show how this matter was treated by the press-though we are happy to say the feelings of the mercantile community are not reflected in it-we copy the leader from the "Southern Standard," a journal published in Charleston, the editor of which professes¹⁴ to represent the conservative views of a diminutive¹⁵ minority. Here it is:--

"CHARLESTON, APRIL 23, 1852. "Colored Seamen¹⁶ and State Rights.

"Our readers have not forgotten the correspondence which some time since took place between His Excellency Governor Means and Her British Majesty's Consul, Mr. Mathew. We published in the Standard, of the 5th December last, the very temperate¹⁷, dignified¹⁸, and well-argued report of Mr. Mazyck, chairman of the special committee of the Senate, to whom had been referred the message of the Governor, transmitting the correspondence. In our issue of the 16th December, we gave to our readers the able report of Mr. McCready, on behalf of the committee of the other house, on the same subject.

"We have now to call the attention of the public to the fact, that the practical issue has been made, by which the validity of the laws in regard to colored seamen arriving in our port is to be submitted to the judicial¹⁹ tribunals of the country. For ourselves we have no fears for the credit of the State in such a controversy²⁰. The right of the State to control, by her own legislation, the whole subject-matter, can, as we think, by a full discussion, be established upon a basis which, in the South at least, will never hereafter be questioned. If there be defects in the details of the regulations enacted²¹, the consideration of them is now precluded²², when the issue presented is the right of the State to act at all times in the premises²³.

"The writ of habeas corpus was applied for before Judge Withers, during the term of the court which has just closed, by the British consul, through his counsel, Mr. Petigru, in behalf of one Manuel Pereira, a colored sailor, who claims to be a Portuguese²⁴ subject, articled to service on board an English brig driven into this port by stress of weather; the said Manuel Pereira being then in jail under the provisions of the act of the legislature of this State, passed in 1835, emendatory of the previous acts on the subject. Judge Withers, in compliance²⁵ with the requirements of the act of 1844, refused the writ of habeas corpus, and notice of appeal has been given. Thus is the issue upon us.

"We have but one regret in the matter, and that is that the case made is one where the party asking his liberty has been driven into our harbor involuntarily. Great Britain, it is true, is the last power which should complain on this account, with her own example in the case of the Enterprise before her eyes; but we do not, we confess, like this feature of the law. We have no doubt, however, that this fact being brought to the notice of the executive, he will interfere²⁶ promptly²⁷ to release the individual in the present case, provided the party petitions for the purpose, and engages at once to leave the State. But we shall see nothing of this. Mr. Manuel Pereira, like another John Wilkes, is to have settled in his person great questions of constitutional liberty. The posterity²⁸ which in after times shall read of his voluntary martyrdom and heroic self-sacrifice in the cause of suffering humanity, must be somewhat better informed than Mr. Pereira himself; for we observe that his clerkly skill did not reach the point of enabling him to subscribe²⁹ his name to the petition for habeas corpus, which is to figure so conspicuously³⁰ in future history, it being more primitively³¹ witnessed by his 'mark.'"

An appeal was taken from this refusal, and carried before the appeal court, sitting at Columbia, the capital of the State. How was this treated? Without enlisting³² common respect, it sustained the opinion of Judge Withers, who was one of its constituted members. Under such a state of things, where all the avenues to right and justice were clogged³³ by a popular will that set itself above law or justice, where is the unprejudiced mind that will charge improper³⁴ motives³⁵ in asking justice of the highest judicial tribunal in the country.

In the year 1445, a petition was presented, or entered on the rolls of the British Parliament, from the commons of two neighboring counties, praying the abatement³⁶ of a nuisance which promised fearful interruptions to the peace and quiet of their hamlets, in consequence of the number of attorneys having increased from eight to twenty-four, setting forth³⁷ that attorneys were dangerous to the peace and happiness of a community, and praying that there should be no more than six attorneys for each county. The king granted the petition, adding a clause which left it subject to the approval of the judges. Time works mighty³⁸ contrasts. If those peaceable old commoners could have seen a picture of the nineteenth century, with its judiciary dotted upon the surface, they would certainly have put the world down as a very unhappy place. The people of Charleston might now inquire why they have so much law and so little justice?

1 exertions   

n.努力( exertion的名词复数 )；费力；（能力、权力等的）运用；行使

参考例句：

• As long as they lived, exertions would not be necessary to her. 只要他们活着，是不需要她吃苦的。 来自辞典例句
• She failed to unlock the safe in spite of all her exertions. 她虽然费尽力气，仍未能将那保险箱的锁打开。 来自辞典例句

2 consul   

n.领事；执政官

参考例句：

• A consul's duty is to help his own nationals.领事的职责是帮助自己的同胞。
• He'll hold the post of consul general for the United States at Shanghai.他将就任美国驻上海总领事(的职务)。

3 imperative   

n.命令，需要；规则；祈使语气；adj.强制的；紧急的

参考例句：

• He always speaks in an imperative tone of voice.他老是用命令的口吻讲话。
• The events of the past few days make it imperative for her to act.过去这几天发生的事迫使她不得不立即行动。

4 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

5 withers   

马肩隆

参考例句：

• The girl's pitiful history would wring one's withers. 这女孩子的经历令人心碎。
• "I will be there to show you," and so Mr. Withers withdrew. “我会等在那里，领你去看房间的，"威瑟斯先生这样说着，退了出去。 来自英汉文学 - 嘉莉妹妹

6 frigidity   

n.寒冷；冷淡；索然无味；（尤指妇女的）性感缺失

参考例句：

• Doctor Simpson believes that Suzie's frigidity is due to some hang-up about men. 辛普森大夫认为苏西的性冷淡是由于她对男人有着异常的精神反应。 来自《简明英汉词典》
• Frigidity and horror have attacked that crying baby ! 那位哭闹的孩子又冷又害怕。 来自辞典例句

7 devoid   

adj.全无的，缺乏的

参考例句：

• He is completely devoid of humour.他十分缺乏幽默。
• The house is totally devoid of furniture.这所房子里什么家具都没有。

8 sterling   

adj.英币的(纯粹的，货真价实的)；n.英国货币(英镑)

参考例句：

• Could you tell me the current rate for sterling, please?能否请您告诉我现行英国货币的兑换率？
• Sterling has recently been strong,which will help to abate inflationary pressures.英国货币最近非常坚挺，这有助于减轻通胀压力。

9 monarchy   

n.君主，最高统治者；君主政体，君主国

参考例句：

• The monarchy in England plays an important role in British culture.英格兰的君主政体在英国文化中起重要作用。
• The power of the monarchy in Britain today is more symbolical than real.今日英国君主的权力多为象徵性的，无甚实际意义。

10 blessings   

n.（上帝的）祝福( blessing的名词复数 )；好事；福分；因祸得福

参考例句：

• Afflictions are sometimes blessings in disguise. 塞翁失马，焉知非福。 来自《简明英汉词典》
• We don't rely on blessings from Heaven. 我们不靠老天保佑。 来自《现代汉英综合大词典》

11 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

12 writ   

n.命令状，书面命令

参考例句：

• This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。
• You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。

13 citizenship   

n.市民权，公民权，国民的义务(身份)

参考例句：

• He was born in Sweden,but he doesn't have Swedish citizenship.他在瑞典出生，但没有瑞典公民身分。
• Ten years later,she chose to take Australian citizenship.十年后，她选择了澳大利亚国籍。

14 professes   

声称( profess的第三人称单数 )； 宣称； 公开表明； 信奉

参考例句：

• She still professes her innocence. 她仍然声称自己无辜。
• He professes himself to be sad but doesn't look it. 他自称感到悲伤，但外表却看不出来。

15 diminutive   

adj.小巧可爱的，小的

参考例句：

• Despite its diminutive size,the car is quite comfortable.尽管这辆车很小，但相当舒服。
• She has diminutive hands for an adult.作为一个成年人，她的手显得非常小。

16 seamen   

n.海员

参考例句：

• Experienced seamen will advise you about sailing in this weather. 有经验的海员会告诉你在这种天气下的航行情况。
• In the storm, many seamen wished they were on shore. 在暴风雨中，许多海员想，要是他们在陆地上就好了。

17 temperate   

adj.温和的，温带的，自我克制的，不过分的

参考例句：

• Asia extends across the frigid,temperate and tropical zones.亚洲地跨寒、温、热三带。
• Great Britain has a temperate climate.英国气候温和。

18 dignified   

a.可敬的，高贵的

参考例句：

• Throughout his trial he maintained a dignified silence. 在整个审讯过程中，他始终沉默以保持尊严。
• He always strikes such a dignified pose before his girlfriend. 他总是在女友面前摆出这种庄严的姿态。

19 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

20 controversy   

n.争论，辩论，争吵

参考例句：

• That is a fact beyond controversy.那是一个无可争论的事实。
• We ran the risk of becoming the butt of every controversy.我们要冒使自己在所有的纷争中都成为众矢之的的风险。

21 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

22 precluded   

v.阻止( preclude的过去式和过去分词 )；排除；妨碍；使…行不通

参考例句：

• Abdication is precluded by the lack of a possible successor. 因为没有可能的继承人，让位无法实现。 来自《简明英汉词典》
• The bad weather precluded me from attending the meeting. 恶劣的天气使我不能出席会议。 来自《现代英汉综合大词典》

23 premises   

n.建筑物，房屋

参考例句：

• According to the rules,no alcohol can be consumed on the premises.按照规定，场内不准饮酒。
• All repairs are done on the premises and not put out.全部修缮都在家里进行，不用送到外面去做。

24 Portuguese   

n.葡萄牙人；葡萄牙语

参考例句：

• They styled their house in the Portuguese manner.他们仿照葡萄牙的风格设计自己的房子。
• Her family is Portuguese in origin.她的家族是葡萄牙血统。

25 compliance   

n.顺从；服从；附和；屈从

参考例句：

• I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。
• She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。

26 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

27 promptly   

adv.及时地，敏捷地

参考例句：

• He paid the money back promptly.他立即还了钱。
• She promptly seized the opportunity his absence gave her.她立即抓住了因他不在场给她创造的机会。

28 posterity   

n.后裔，子孙，后代

参考例句：

• Few of his works will go down to posterity.他的作品没有几件会流传到后世。
• The names of those who died are recorded for posterity on a tablet at the back of the church.死者姓名都刻在教堂后面的一块石匾上以便后人铭记。

29 subscribe   

vi.(to)订阅，订购；同意；vt.捐助，赞助

参考例句：

• I heartily subscribe to that sentiment.我十分赞同那个观点。
• The magazine is trying to get more readers to subscribe.该杂志正大力发展新订户。

30 conspicuously   

ad.明显地，惹人注目地

参考例句：

• France remained a conspicuously uneasy country. 法国依然是个明显不太平的国家。
• She figured conspicuously in the public debate on the issue. 她在该问题的公开辩论中很引人注目。

31 primitively   

最初地，自学而成地

参考例句：

• Result: The histological structure of anencephalus differentiates primitively and grows very slowly. 结果：无脑儿食管的组织学结构较正常胎儿分化较低，发育迟缓。
• Another primitively for horse's hoof Dutch. 另一个原始属为马蹄荷属。

32 enlisting   

v.（使）入伍， （使）参军( enlist的现在分词 )；获得（帮助或支持）

参考例句：

• He thought about enlisting-about the Spanish legion-about a profession. 他想去打仗，想参加西班牙军团，想找个职业。 来自辞典例句
• They are not enlisting men over thirty-five. 他们不召超过35岁的人入伍。 来自辞典例句

33 clogged   

（使）阻碍( clog的过去式和过去分词 )； 淤滞

参考例句：

• The narrow streets were clogged with traffic. 狭窄的街道上交通堵塞。
• The intake of gasoline was stopped by a clogged fuel line. 汽油的注入由于管道阻塞而停止了。

34 improper   

adj.不适当的，不合适的，不正确的，不合礼仪的

参考例句：

• Short trousers are improper at a dance.舞会上穿短裤不成体统。
• Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。

35 motives   

n.动机，目的( motive的名词复数 )

参考例句：

• to impeach sb's motives 怀疑某人的动机
• His motives are unclear. 他的用意不明。

36 abatement   

n.减(免)税，打折扣，冲销

参考例句：

• A bag filter for dust abatement at the discharge point should be provided.在卸料地点应该装设袋滤器以消除粉尘。
• The abatement of the headache gave him a moment of rest.头痛减轻给他片刻的休息。

37 forth   

adv.向前；向外，往外

参考例句：

• The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
• He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

38 mighty   

adj.强有力的；巨大的

参考例句：

• A mighty force was about to break loose.一股巨大的力量即将迸发而出。
• The mighty iceberg came into view.巨大的冰山出现在眼前。