“Tell us, in your own way, of what this female was charged, on what evidence she was condemned, why you considered her action worthy of punishment, and defend the sentences.”
“She was charged with the theft of a neighbour’s food. She confessed her guilt. We consider theft deserves punishment, and that the safety of the community requires it. But we do not make the laws. It is our duty to administer them. The responsibility rests with the whole community. We considered the sentence to be fair and moderate, and such as is necessary to prevent the spread of dishonesty among the class of population to which the accused belonged. We have ourselves been condemned with greater severity, for a fault which we do not recognise or understand, by a tribunal of which we were previously ignorant, and under a code of conduct of which we had not even heard, and under which our civilisation could not be maintained for a week.”
“You have not defended the second sentence.”
“I did not suppose that any defence were needed. She had been condemned as guilty, and was in custody, pending appeal against the sentence she had received. To attempt to escape under such circumstances was a defiance of the laws under which we live, and it would be impossible to maintain order or discipline if such incidents should pass unpunished.”
“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.”
“Then, when you said that she admitted her guilt, you meant only that she admitted the accuracy of the statements made by those who complained against her. You also admit the facts on which your own condemnation is founded. To that extent you have pleaded guilty also. How can you assert the authority of your own tribunal over this female, and deny that of the Dwellers who condemned you?”
“Very easily. She was a female of our nation, and was under the authority of our laws.”
“Do you contend that she was under the authority of your laws simply because she was a female of your species, or had she herself consented to them?”
“It is necessary in any civilised state to assume the assent, or, in any case, the liability, of individuals to the laws of those among whom they live, and to impose penalties should they fail to obey them.”
“Let us be clear upon our facts before we argue upon them. She had not consented?”
“To obtain individual consent to every law is obviously impossible.”
“She had not consented?”
“Not in that way; but she knew that she must obey the laws of the country in which she lived.”
“That cannot be so, because in fact she refused to do so.”
“She knew that she must submit to the laws of her people, or render herself liable to the penalties provided.”
“But such knowledge—if she had it—did not imply consent?”
“Not necessarily, but, as I have said, the individual must be subordinate to the state,
