Sunday, August 12, 2007

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1781: reasons that are used to excuse slavery of Negroes

is said to excuse slavery of the Negroes bought in Africa, or are unhappy that these criminals sentenced to capital punishment, or prisoners of war, which would be put to death they were not bought by Europeans.
According to this reasoning, some writers we have the slave trade as almost an act of humanity. But we observe:
1. That this fact is not proven, and is not even likely. What! before Europeans bought Negroes, Africans slaughtered all their prisoners ! They killed not only married women, as was said to be once use among a horde of thieves East, but even unmarried girls, which was never reported to any people. What! If we were not going to look for Negroes in Africa, Africans would kill their slaves destined for sale now! each party would rather knock out his prisoners to exchange them! Implausible to believe facts, the evidence must be impressive, and we have those people here that used to trade Negroes - I never had the opportunity to attend, but there was among Roman men delivered the same trade, and their name is still an insult (1).
2. Assuming that saves the lives of Negroes being purchased, it does not commit a crime less by buying it, if it is for resale or enslave. This is precisely the action of a man who, after having saved a wretch pursued by assassins, the fly. Or, if we assume that Europeans have determined the Africans to stop killing their prisoners, that would be the action of a man who would come to disgust robbers to murder passers-by, and have pledged to settle for the fly with him. Might say in one or the other these assumptions, that this man is not a thief? A man who, to save another from death, would give its necessary, would probably be entitled to claim damages, he could acquire an interest in the property and even the work that he saved But by taking what is necessary for the sustenance of the obliged, but he could not without injustice to reduce it to slavery. We may acquire rights to the future ownership of another man, but never on his person. A man may have the right to force another to work for him, but not to force him to obey him. 3
. The excuse alleged is the less legitimate it is contrary to the infamous trade of brigands in Europe, which gives rise to the Africans of almost continual wars, whose sole motive is the desire to take prisoners to sell. Often Europeans themselves foment wars by their agent or their intrigues: so that they are guilty, not only to reduce crime in slavery men, but of all murders committed in Africa prepare for this crime. They treacherous art to excite the passions of greed and Africans to engage the father to deliver her children, brother to betray his brother, Prince to sell his subjects. They gave to the unfortunate people of destructive taste strong drink. They have notified him that the poison hidden in the forests of America, has become, thanks to the active greed of the Europeans, one of the scourges of the world, and they still dare to speak of humanity!
Even the excuse that we just claim exonerate the original purchaser, it could not excuse or the second purchaser, or the colon that keeps the Negro, because they have no reason to remove this death the slave they buy: they are, compared to the crime of enslavement, what, from a flight, one that shares with the thief, or rather another one that loads a flight, and who shares with him the product. The law may have reason to treat differently the thief and his accomplice, but in morals, the offense is the same.
Finally, this is absolutely no excuse for blacks born in the house. The teacher who raises them to leave them in slavery is criminal, because he could take care of them in childhood, can give them on any color of right. Indeed, why were they needed him? It is because he has delighted their parents with the freedom, the ability to care for their child. It would therefore qualify for a first offense can give the right to commit a second. Moreover, even assuming the negro child abandoned freely of his parents: the right of a man on a deserted child, he has raised, it can be to keep in bondage? Action of humanity it give us the right to commit a crime?
Slavery legally convicted criminals is not even legitimate. Indeed, a necessary condition for the sentence is fair, that it is determined by law and in duration and in form. Thus, the law may condemn in public works, because the duration of labor, food, punishments in cases of rebellion or laziness, may be determined by the law but the law can never pronounce the sentence against a man to be enslaved by another man in particular, because the sentence so absolutely dependent on the whim of the master, it is necessarily indefinite. Moreover, it is also absurd atrocious dare argue that the most unfortunate bought in Africa are criminals. Are they afraid that we do not have enough contempt for them, we do not deal with enough toughness? And how do we suppose that there is a country in which he commits so many crimes, and yet where it will do so exact justice?

(1) "Leno" did that first slave trader; but as these merchants sold slaves to the beautiful voluptuous behalf of Rome took on another meaning. This is a necessary consequence of being a slave trader: also, even in countries quite barbaric for this occupation was not regarded as criminal, it has always been infamous in the eyes. (Note Condorcet).




Condorcet, Reflections on slavery of the Negroes, II

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1762: the right of slavery is null ...

Since no man has a natural authority over his fellow, and since force creates no right, we must conclude that conventions form the basis of all legitimate authority among men. If an individual, said Grotius, can alienate his liberty and make himself a slave master, why a people could he not alienate his own and make itself subject to a king? There is plenty of ambiguous words which would need explaining, but let's stick to the word alienate. Alienate is to give or sell. Or a man who becomes the slave of another does not give himself, he sells himself, at least for his subsistence: but a people for what he sells? Far from a king to his subjects provide their subsistence that he gets his own only from them, and according Rabelais, kings do not live on nothing. The subjects then give their persons on condition that takes their goods also? I do not see what they have left to preserve. We say that the despot assures his subjects civil tranquility. Either, but what do they gain if the wars his ambition brings down upon them, if his insatiable greed, if the vexations of his ministers would afflict more than their differences? What do they gain, even if this peace is one of their miseries? Tranquillity is found also in dungeons, is that enough to be there right?
The Greeks imprisoned in the cave of the Cyclops lived there alone, waiting for their turn to be devoured. That a man gives himself gratuitously, is to say something absurd and inconceivable; such an act is null and illegitimate, only that he who does not in his senses. The same is true of a whole people is to suppose a people of madmen madness does not.
When each man could alienate himself, he could not alienate his children: they are born men and free; their liberty belongs to them, no one has right to dispose of them. Before they are old because the father can provide for them the conditions for their preservation, for their welfare, but not give them irrevocably and unconditionally, for such a gift is contrary for the nature and exceeds the rights of fatherhood. It would therefore an arbitrary government was legitimate in every generation the people should master to admit or reject, but then the government would no longer be arbitrary.
renounce liberty is to renounce being a man, the rights of humanity, even its duties. There is no indemnity is possible for him who renounces everything. Such a renunciation is incompatible with the nature of man is to remove all morality from his acts to remove all liberty from his will. Finally it is an empty and contradictory convention that sets up a hand an absolute authority and the other an unlimited obedience.
Is it not clear that we are committed to nothing to that which we are entitled to demand everything, and this condition alone, without parallel, without exchange she does not invalidate the act? For what right can my slave have against me, since all he has is mine, and his right being mine, this right of mine against myself is a word that makes no sense?
Grotius and the rest find in war another origin of the so-called right of slavery. The victor having, in their view, the right to kill the loser, he may redeem his life at the expense of his liberty; convention is the more legitimate because it is the benefit of both. But it is clear that this supposed right to kill the conquered is by no means the rule of war. Only that the men living in their primitive independence, they have no mutual relations stable enough to constitute either the state of peace or a state of war, they are naturally enemies. It is the ratio of things and not men who constitute the war, and the state of war can not arise out of simple personal relations, but only real relations, private war, or man and man can not exist, nor in the state of nature where there is no constant property, nor in the state society where everything is under the authority of law. Individual combats, duels and encounters, are acts that constitute a state, and wars against private institutions authorized by King Louis IX of France and suspended by the Peace of God, are abuses the feudal government, absurd system if ever there was, contrary to the principles of natural law, and good policy. War then is a relationship between man and man, but a relationship from state to state, in which individuals are enemies only accidentally, not as men, nor even as citizens, but as soldiers, not so as members of the fatherland, but as its defenders. Finally, each State can have for enemies only other States and not of men, between things of different nature there can be no real relation.
This principle is in conformity with the established rules of all time and the constant practice of all civilized peoples. Declarations of war are intimations less to powers than their subjects. The foreigner, whether king, individual, or people, who robs, kills or detains the subjects, without declaring war on the prince, is not an enemy, but a robber. Even during the war a just prince, while laying hands in enemy country of everything that belongs to the public, but he respects the person and property of individuals, he respects rights on which his own are founded. The end of the war being the destruction of the enemy State, it was right to kill the defenders as they have the weapons in hand, but as soon as they lay them down and surrender, they cease to be enemies or instruments of the enemy, they again become mere men, and it has a stronger claim on their lives.
Sometimes you can kill the State without killing a single member: Gold war gives no right which is not necessary to an end. These principles are not those of Grotius: they are not based on the authority of poets, but derived from the nature of things, and are based on reason. In respect of the right of conquest, he has no other foundation than the law of the jungle. If the war does not give the victor the right to massacre the conquered peoples, the right that he does not base it can enslave. We have the right to kill the enemy when you can not do slave the right to do slave therefore does not have the right to kill him, so it's an unfair exchange to make him buy at the price his liberty his life on which we have no rights. By establishing the right of life and death over the right of slavery, and the right of slavery on the right of life and death, is it not clear that we fall into the vicious circle? Even assuming that terrible right to kill everybody, I say that a slave made in war or a conquered people is bound to nothing at all to his master to be obeyed as it is forced. By taking an equivalent for his life, the victor than it has done through point: instead of killing him without fruit it has killed him usefully. So far he has acquired over him any authority in addition to force, the state of war exists between them as before, their relation is the effect, and use the law of war does not imply Treaty peace. They have a convention is but this convention, far from destroying the state of war, presupposes its continuance.
Thus, from whatever aspect we regard the question, the right of a slave is zero, not only because it is illegitimate, but because it is absurd and meaningless. These words, slavery and law, are contradictory, they are mutually exclusive. Let a man a man or a man to a people, this speech will always be equally foolish.
I'm with you all a convention at your expense and wholly to my advantage, that I will keep as long as I please, and you shall keep it as I please.

ROUSSEAU, The Social Contract, From Slavery I, 4

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1756: I still had to see Africa ...

I still had to see Africa, to enjoy all the comforts of our continent. I the screw effect. My ship was seized by pirates Negroes. Our boss made great complaints, he asked them why they violated the laws of nations as well. Captain negro replied: "You have a long nose, and we flat, your hair is straight, and our wool is curly and you have skin the color of ashes, and we color of ebony; therefore we must, by the sacred laws of nature, always be enemies. You buy from us at the fairs of the Coast of Guinea as beasts of burden, for us to work with I do not know which job as painful as it is ridiculous. You're made to search Loved nerves beef in the mountains, to derive a kind of yellow earth which by itself is worthless, and does not constitute, by far, a good onion from Egypt, so when we meet you and we are the strongest , we're slaves, we're plowing our fields, or we'll cut the nose and ears. "
We had nothing to reply to a speech wise. I went to plow the field in an old black woman to keep my ears and nose.

VOLTAIRE, History trips Scarmentado

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1748: the negro slavery

If I had to support the law that we had to make Negro slaves, this is what I would say
The peoples of Europe have exterminated those of America, they had to put them into slavery in Africa, to use it to clear so much land.
Sugar would be too expensive if it did work at the plant that produced by slaves.
These creatures are black from head to foot, and they have smashed the nose if it is almost impossible to complain.
You can not get into the spirit that God is a being very wise, has placed a soul, especially good in an all black body.
It is so natural to think that it is the color that is the essence of humanity, that the peoples of Asia, which are eunuchs, always deprive the blacks of their resemblance to us in a more marked.
can judge the color of the skin by the hair, which among the Egyptians, the best philosophers in the world, was of such importance that they were dying all the red men who fell into their hands .
proof that Negroes have no common sense is that they are more cases of a necklace of glass than gold, which, among civilized nations, is of such great consequence .
It is impossible that we assumed that these people are men, because, if we suppose men would begin to believe that we are not ourselves Christians.
Small minds exaggerate too much injustice is being done to Africans. For if it was so they say, would it not come into the head of the princes of Europe, which are agreements between them as useless, to make a general in favor of mercy and pity?

Montesquieu, The Spirit of Laws, Book XV, Chapter 5