“I understand your arguments, though they may not convince me. The
injustice of inflicting further penalties for an attempt to escape those
already threatened is too obvious for serious argument, and I notice
that you do not attempt to assert it, but prefer to rely upon the
argument of expediency only. It is not reasonable to suppose that the
victim of such a sentence as you had imposed should be a consenting
party thereto, and in this instance you knew that she was not, for she
had appealed against it. You could not suppose that she would submit to
the sentence, if she could avoid it successfully. By keeping her in
custody while the appeal was pending, you admitted this to be so. This
duty (if such it were) was performed inefficiently, or the opportunity
to escape could not have arisen. For this fault of your own servants you
condemned her to a penalty even heavier than that which had been
inflicted originally.
“The argument of necessity could have been used with greater force in
her own defence as against the first accusation than by you in this
connection, and additionally so because the rights of the community, if
it be justly organised, must always be subordinate to those of the
individuals who compose it. For the rest, I propose to explain exactly
why I think the decision of the Dwellers is right, and that your lives
should not be continued. You will then be better able to reply in such a
way as may be convincing to the one you have chosen to judge you. But
there are a few points of fact on which I am ignorant, which may
possibly help you, and these I will ask you first. You complain that you
yourselves have been condemned under a law of which you had not known,
and to which you had not consented. You said also that she had confessed
her guilt, and you said later that she appealed both against the verdict
and the sentence. This requires explanation. I think you should answer
here very carefully, for I think we are confronted with that which
threatens the foundation of the strongest of the defences which you have
set up.”
For the first time there was a pause of some seconds before his mind
took up the challenge. I think he was quick to recognise her meaning,
and the danger of which she warned him. I think he also appreciated for
the first time the keenness of the intellect which confronted him.
“The explanation is simple. We were dealing with a female of exceptional
obstinacy. She was charged with theft. She admitted the theft. That is a
plea of guilty according to the custom of our courts. She appealed on
the ground that the theft was justified. There is no such thing as a
justified theft in the code of any civilised state. Her appeal had no
possibility of succeeding. She was in the position of having pleaded
guilty, yet of declining to admit that she had done so.”
Public-domain text, read in full here on John Shaqi.
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