First, That masters do, now and then, kill slaves by the torture.
Second, That the fact of so killing2 a slave is not of itself held presumption3 of murder, in slave jurisprudence.
Third, That the slave in the act of resistance to his master may always be killed.
From these things it will be seen to follow, that, if the facts of the death of Tom had been fully4 proved by two white witnesses, in open court, Legree could not have been held by any consistent interpreter of slave-law to be a murderer; for Tom was in the act of resistance to the will of his master. His master had laid a command on him, in the presence of other slaves. Tom had deliberately5 refused to obey the command. The master commenced chastisement6, to reduce him to obedience7. And it is evident, at the first glance, to every one, that, if the law does not sustain him in enforcing obedience in such a case, there is an end of the whole slave power. No Southern court would dare to decide that Legree did wrong to continue the punishment, as long as Tom continued the insubordination. Legree stood by him every moment of the time, pressing him to yield, and offering to let him go as soon as he did yield. Tom’s resistance was insurrection. It was an example which could not be allowed, for a moment, on any Southern plantation8. By the express words of the constitution of Georgia, and by the understanding and usage of all slave-law, the power of life and death is always left in the hands of the master, in exigences like this. This is not a case like that of Souther v. The Commonwealth9. The victim of Souther was not in a state of resistance or insurrection. The punishment, in his case, was a simple vengeance10 for a past offence, and not an attempt to reduce him to subordination.
There is no principle of slave jurisprudence by which a man could be pronounced a murderer, for acting11 as Legree did, in his circumstances. Everybody must see that such an admission would strike at the foundations of the slave system. To be sure, Tom was in a state of insurrection for conscience’ sake. But the law does not, and cannot, contemplate12 that the negro shall have a conscience independent of his master’s. To allow that the negro may refuse to obey his master whenever he thinks that obedience would be wrong, would be to produce universal anarchy13. If Tom had been allowed to disobey his master in this case, for conscience’ sake, the next day Sambo would have had a case of conscience, and Quimbo the next. Several of them might very justly have thought that it was a sin to work as they did. The mulatto woman would have remembered that the command of God forbade her to take another husband. Mothers might have considered that it was more their duty to stay at home and take care of their children, when they were young and feeble, than to work for Mr. Legree in the cotton-field. There would be no end to the havoc14 made upon cotton-growing operations, were the negro allowed the right of maintaining his own conscience on moral subjects. If the slave system is a right system, and ought to be maintained, Mr. Legree ought not to be blamed for his conduct in this case; for he did only what was absolutely essential to maintain the system; and Tom died in fanatical and foolhardy resistance to “the powers that be, which are ordained15 of God.” He followed a sentimental16 impulse of his desperately17 depraved heart, and neglected those “solid teachings of the written word,” which, as recently elucidated18, have proved so refreshing19 to eminent20 political men.
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1 judicial | |
adj.司法的,法庭的,审判的,明断的,公正的 | |
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2 killing | |
n.巨额利润;突然赚大钱,发大财 | |
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3 presumption | |
n.推测,可能性,冒昧,放肆,[法律]推定 | |
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4 fully | |
adv.完全地,全部地,彻底地;充分地 | |
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5 deliberately | |
adv.审慎地;蓄意地;故意地 | |
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6 chastisement | |
n.惩罚 | |
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7 obedience | |
n.服从,顺从 | |
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8 plantation | |
n.种植园,大农场 | |
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9 commonwealth | |
n.共和国,联邦,共同体 | |
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10 vengeance | |
n.报复,报仇,复仇 | |
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11 acting | |
n.演戏,行为,假装;adj.代理的,临时的,演出用的 | |
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12 contemplate | |
vt.盘算,计议;周密考虑;注视,凝视 | |
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13 anarchy | |
n.无政府状态;社会秩序混乱,无秩序 | |
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14 havoc | |
n.大破坏,浩劫,大混乱,大杂乱 | |
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15 ordained | |
v.任命(某人)为牧师( ordain的过去式和过去分词 );授予(某人)圣职;(上帝、法律等)命令;判定 | |
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16 sentimental | |
adj.多愁善感的,感伤的 | |
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17 desperately | |
adv.极度渴望地,绝望地,孤注一掷地 | |
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18 elucidated | |
v.阐明,解释( elucidate的过去式和过去分词 ) | |
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19 refreshing | |
adj.使精神振作的,使人清爽的,使人喜欢的 | |
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20 eminent | |
adj.显赫的,杰出的,有名的,优良的 | |
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