," replied Jack, resuming his seat by Gascoigne; "I
assert, that in this instance killing's no murder. You will observe,
Ned, that by the laws of society, any one who attempts the life of
another has forfeited his own; at the same time, as it is necessary that
the fact should be clearly proved and justice be duly administered, the
parties are tried, convicted, and then are sentenced to the punishment."
"I grant all that."
"In this instance the attempt has been clearly proved; we are the
witnesses, and are the judges and jury, and society in general, for the
best of all possible reasons, because there is nobody else. These men's
lives being therefore forfeited to society, belong to us; and it does
not follow because they were not all killed in the attempt, that
therefore they are not now to be brought out for punishment. And as
there is no common hangman here, we, of course, must do this duty as
well as every other. I have now clearly proved that I am justified in
what I am about to do. But the argument does not stop there--
self-preservation is the first law of nature, and if we do not get rid
of this man, what is the consequence?--that we shall have to account for
his being wounded, and then, instead of judges, we shall immediately be
placed in the position of culprits, and have to defend ourselves without
witnesses. We therefore risk our lives from a misplaced lenity towards
a wretch unworthy to live."
"Your last argument is strong, Easy, but I cannot consent to your doing
what may occasion you uneasiness hereafter when you think of it."
"Pooh! nonsense--I am a philosopher."
"Of what school, Jack? Oh, I presume you are a disciple of Mesty's. I
do not mean to say that you are wrong, but still hear my proposition.
Let us lower down the sail, and then I can leave the helm to assist you.
We will clear the vessel of everything except the man who is still
alive. At all events, we may wait a little, and if at last there is no
help for it, I will then agree with you to launch him overboard, even if
he is not quite dead."
"Agreed; even by your own making out, it will be no great sin. He is
half dead already--I only do _half _the work of tossing him over, so it
will be only _quarter _murder on my part, and he would have shown no
quarter on his." Here Jack left off arguing and punning, and went
forward and lowered down the sail. "I've half a mind to take my
doubloons back," said Jack, as they launched ove
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