H. Beam Piper

“ He watched the car lift away, and then looked out over the city—a vista of treetop green, with roofs and the domes of shopping centers and business centers and amusement centers showing through, and the angular buttes of tall buildings rising above. The streetless contragravity city of a new planet that had never known ground traffic. The Fuzzies could be hiding anywhere among those trees—or they could all be dead in some man-made trap. He thought of all the deadly places into which they could have wandered. ”

“ The two strange Fuzzies were incredulously delighted. This was too much for his own tribe; they came up yeeking angrily.
The two strange females retreated a few steps, their new weapon ready. Everybody seemed to expect a fight, and nobody wanted one. From what he could remember of Old Terran history, this was a situation which could develop into serious trouble. Then Ko-Ko advanced, dragging his chopper-digger in an obviously pacific manner, and approached the two females, yeeking softly and touching first one and then the other. Then he laid his weapon down and put his foot on it. ”

“ Both Gerd and Ruth decided to spend the morning at the camp and get acquainted with the Fuzzies on hand. The family had had enough breakfast to leave them neutral on the subject of land-prawns, and they were given another of the new toys, a big colored ball. They rolled it around in the grass for a while, decided to save it for their evening romp and took it into the house. Then they began playing aimlessly among some junk in the shed outside the workshop. Once in a while one of them would drift away to look for a prawn, more for sport than food. ”

“ The Chief Justice, in the middle, rapped with his gavel.
“Dr. Mallin! Of all the people on this planet, you at least should know the impossibility of lying under veridication. Other people just know it can’t be done; you know why. Now I’m going to rephrase Judge Janiver’s question, and I’ll expect you to answer truthfully. If you don’t I’m going to hold you in contempt. When those Fuzzies cried out, ‘Pappy Jack!’ do you or do you not believe that they were using a verbal expression which stood, in their minds, for Mr. Holloway?” ”

“ Little Fuzzy, Mike and Mitzi strolled in from the kitchen. Little Fuzzy jumped up on the armchair and switched on the viewscreen. Fiddling with the selector, he got the Big Blackwater woods-burning. Mike and Mitzi shrieked delightedly, like a couple of kids watching a horror show. They knew, by now, that nothing in the screen could get out and hurt them.
“Would you mind if they came out here and saw the Fuzzies?”
“Why, the Fuzzies would love that. They like company.”
Mamma and Baby and Ko-Ko came in, seemed to approve what was on the screen and sat down to watch it. ”

“ Ruth asked.
“Honey, they can’t do nothin’ else but! Every word in their language is a high-order generalization. Hroosha, live-thing. Noosha, bad-thing. Dhishta, thing-to-eat. Want me to go on? There are only seventy-nine more of them.”
Before anybody could stop him, the communication screen got itself into an uproar. The Fuzzies all ran over in front of it, and Jack switched it on. The caller was a man in gray semiformals; he had wavy gray hair and a face that looked like Juan Jimenez’s twenty years from now.
“Good evening; Holloway here.” ”

“ In the case of any person killed while in commission of a felony, no prosecution may be brought in any degree, against anybody. I’m going to contend that Leonard Kellogg was murdering a sapient being, that Jack Holloway acted lawfully in attempting to stop it and that when Kurt Borch attempted to come to Kellogg’s assistance he, himself, was guilty of felony, and consequently any prosecution against Jack Holloway is illegal. And to make that contention stick, I shall have to say a great many words, and produce a great deal of testimony, about the sapience of Fuzzies. ”

“ Leonard Kellogg looked pained. “What I was about to say, Victor, is that both Rainsford and this man Holloway seem convinced that these things they call Fuzzies aren’t animals at all. They believe them to be sapient beings.”
“Well, that’s—” He bit that off short as the significance of what Kellogg had just said hit him. “Good God, Leonard! I beg your pardon abjectly; I don’t blame you for taking it seriously. Why, that would make Zarathustra a Class-IV inhabited planet.”
“For which the Company holds a Class-III charter,” Kellogg added. “For an uninhabited planet.” ”

“ What they can’t exclude, they’ll attack. They’ll attack credibility. Of course, with veridication, they can’t claim anybody’s lying, but they can claim self-deception. You make a statement you believe, true or false, and the veridicator’ll back you up on it. They’ll attack qualifications on expert testimony. They’ll quibble about statements of fact and statements of opinion. And what they can’t exclude or attack, they’ll accept, and then deny that it’s proof of sapience.
“What the hell do they want for proof of sapience?” Gerd demanded. “Nuclear energy and contragravity and hyperdrive?” ”

“ The communication screen began buzzing. Baby Fuzzy looked up disinterestedly, and then went back to trying to untie a figure-eight knot he had tied. Jack shoved himself to his feet and put the screen on. It was Max Fane, and for the first time that he could remember, the Colonial Marshal was excited.
“Jack, have you had any news on the screen lately?”
“No. Something turn up?”
“God, yes! The cops are all over the city hunting the Fuzzies; they have orders to shoot on sight. Nick Emmert was just on the air with a reward offer—five hundred sols apiece, dead or alive.” ”

“ This quartet had appeared the night the city police had manufactured the story of the attack on the Lurkin girl, and from the moment they had been seen by the youth who couldn’t bring himself to fire on them, they had left a trail that he had been able to pick up at once and follow. Why hadn’t his own Fuzzies attracted as much notice in the three weeks since they had vanished?
Because his own Fuzzies didn’t exist any more. They had never gotten out of Science Center alive. Somebody Max Fane hadn’t been able to question under veridication had murdered them. ”

“ Sapience is the result of evolution by natural selection, just as much as a physical characteristic, and it’s the most important step in the evolution of any species, our own included.”
“Wait a minute, Gerd,” Rainsford said. “Ruth, what do you mean by that? Aren’t there degrees of sapience?”
“No. There are degrees of mentation—intelligence, if you prefer—just as there are degrees of temperature. When psychology becomes an exact science like physics, we’ll be able to calibrate mentation like temperature. But sapience is qualitatively different from nonsapience. ”

“ I’d been taking snaps of the grave, and I was burbling away like an ass about how important this was and how it was positive proof of sapience, and he was insisting that we get back to camp at once. He called the other jeep and told Mallin to get to camp immediately, and Mallin and Ruth and Juan were there when we got in. As soon as Kellogg told them what we’d found, Mallin turned fish-belly white and wanted to know how we were going to suppress it. I asked him if he was nuts, and then Kellogg came out with it. They don’t dare let the Fuzzies be proven sapient. ”

“ He lit a cigarette, while they all looked at him expectantly. “Fuzzies,” he continued, “bury their ordure: they do this to avoid an unpleasant sense-stimulus, a bad smell. Dead bodies quickly putrefy and smell badly; they are thus equated, subconsciously, with ordure and must be buried. All Fuzzies carry weapons. A Fuzzy’s weapon is—still subconsciously—regarded as a part of the Fuzzy, hence it must also be buried.”
Mallin frowned portentously. The idea seemed to appeal to him, but of course he simply couldn’t agree too promptly with a mere layman, even the boss. ”

“ The whole business was rapidly developing into an acute pain in the neck for him. But if he didn’t let Kellogg camp across the run, the three of them could move seventy or eighty miles in any direction and be off his land. He knew what they’d do then. They’d live-trap or sleep-gas Fuzzies; they’d put them in cages, and torment them with maze and electric-shock experiments, and kill a few for dissection, or maybe not bother killing them first. ”

“ Juan Jimenez had been frowning in thought; he looked up and asked, “What’s the lowest known sapient race?”
“Yggdrasil Khooghras,” Gerd van Riebeek said promptly. “Any of you ever been on Yggdrasil?”
“I saw a man shot once on Mimir, for calling another man a son of a Khooghra,” Jack said. “The man who shot him had been on Yggdrasil and knew what he was being called.”
“I spent a couple of years among them,” Gerd said. “They do build fires; I’ll give them that. They char points on sticks to make spears. And they talk. ”

“ Say he wants to make some sensational discovery which will assure him the position in the scientific world to which he believes himself entitled. He finds this lonely old prospector, into whose isolated camp some little animals have strayed. The old man has made pets of them, taught them a few tricks, finally so projected his own personality onto them that he has convinced himself that they are people like himself. This is Rainsford’s great opportunity; he will present himself as the discoverer of a new sapient race and bring the whole learned world to his feet.” Mallin smiled again. ”

“ Leslie Coombes, the Company’s top attorney, had come out from Mallorysport in a yacht rated at Mach 6, and he must have crowded it to the limit all the way. With him, almost on a leash, had come Mohammed Ali O’Brien, the Colonial Attorney General, who doubled as Chief Prosecutor. They had both tried to get the whole thing dismissed—self-defense for Holloway, and killing an unprotected wild animal for Kellogg. When that had failed, they had teamed in flagrant collusion to fight the inclusion of any evidence about the Fuzzies. ”

“ The Federation government’s been repenting that charter they gave the Company ever since they found out what they’d chartered away. Why, this planet is a better world than Terra ever was, even before the Atomic Wars. Now, if they have a chance to get it back, with improvements, you think they won’t take it? And what will stop them? If those creatures over on Beta Continent are sapient beings, our charter isn’t worth the parchment it’s engrossed on, and that’s an end of it.” He was silent for a moment. “You heard that tape Rainsford transmitted to Jimenez. ”

“ Cut the Company’s throat?”
“He isn’t anti-Company. He isn’t pro-Company either. He’s just pro-law. The law says that a planet with native sapient inhabitants is a Class-IV planet, and has to have a Class-IV colonial government. If Zarathustra is a Class-IV planet, he wants it established, and the proper laws applied. If it’s a Class-IV planet, the Zarathustra Company is illegally chartered. It’s his job to put a stop to illegality. Frederic Pendarvis’ religion is the law, and he is its priest. You never get anywhere by arguing religion with a priest.” ”

“ He turned to the now fidgeting Chief Prosecutor. “Mr. O’Brien,” he said, “one simply does not impound sapient beings as evidence, as, say, one impounds a veldbeest calf in a brand-alteration case. The fact that the sapience of these Fuzzies is still sub judice includes the presumption of its possibility. Now you know perfectly well that the courts may take no action in the face of the possibility that some innocent person may suffer wrong.” ”

“ Darius, the inner moon, where the Terra-Baldur-Marduk Spacelines had their leased terminal, was almost directly over it, and the other moon, Xerxes, was edging into sight. Xerxes was the one thing about Zarathustra that the Company didn’t own; the Terran Federation had retained that as a naval base. It was the one reminder that there was something bigger and more powerful than the Company.
Gerd van Riebeek saw Ruth Ortheris leave the escalator, step aside and stand looking around the cocktail lounge. He set his glass, with its inch of tepid highball, on the bar ”

“ Across on the other side, Leslie Coombes swallowed once or twice and closed his eyes.
When Pendarvis rapped for attention and declared court reconvened, he said:
“Ladies and gentlemen, you have all seen and heard this demonstration of Captain Greibenfeld’s. You have heard these Fuzzies uttering what certainly sounds like meaningful speech, and you have seen one of them light a pipe and smoke. Incidentally, while smoking in court is discountenanced, we are going to make an exception, during this trial, in favor of Fuzzies. Other people will please not feel themselves discriminated against.” ”

“ Emmert was saying. “Not for killing one of those little things.”
“‘Murder shall consist of the deliberate and unjustified killing of any sapient being, of any race,’” he quoted. “That’s the law. If they can prove in court that the Fuzzies are sapient beings....”
Then, some morning, a couple of deputy marshals would take Leonard Kellogg out in the jail yard and put a bullet through the back of his head, which, in itself, would be no loss. The trouble was, they would also be shooting an irreparable hole in the Zarathustra Company’s charter. Maybe Kellogg could be kept out of court, at that. ”

“ Her lawyer moved for dismissal on the grounds that murder is defined as the killing of a sapient being, a sapient being is defined as one that can talk and build a fire, and a newborn infant can do neither. Motion denied; the court ruled that while ability to speak and produce fire is positive proof of sapience, inability to do either or both does not constitute legal proof of nonsapience. If O’Brien doesn’t know that, and I doubt if he does, Coombes will.” Brannhard poured another drink and gulped it before the sapient beings around him could get at it. ”

“ Mallin looked at him in bewilderment.
“But we’re keeping those Fuzzies for Mr. O’Brien, the Chief Prosecutor,” he said. “We can’t turn them over without his authorization.”
“This,” Max Fane said gently, “is an order of the court, issued by Chief Justice Pendarvis. As for Mr. O’Brien, I doubt if he’s Chief Prosecutor any more. In fact, I suspect that he’s in jail. And that,” he shouted, leaning forward as far as his waistline would permit and banging on the desk with his fist, “is where I’m going to stuff you, if you don’t get those Fuzzies in here and turn them over immediately!” ”

“ Living at the Hotel Mallory was expensive, and Jack had to sell some sunstones. The Company gem buyers were barely civil to him; he didn’t try to be civil at all. There was also a noticeable coolness toward him at the bank. On the other hand, on several occasions, Space Navy officers and ratings down from Xerxes Base went out of their way to accost him, introduce themselves, shake hands with him and give him their best wishes.
Once, in one of the weather-domed business centers, an elderly man with white hair showing under his black beret greeted him. ”

“ He may be able to impose on Ruth Ortheris, but not on Ernst Mallin. Not after I’ve talked to Mallin first.” He thought some more. “We’ll have to get these Fuzzies away from this man Holloway. Then we’ll issue a report of discovery, being careful to give full credit to both Rainsford and Holloway—we’ll even accept the designation they’ve coined for them—but we’ll make it very clear that while highly intelligent, the Fuzzies are not a race of sapient beings. If Rainsford persists in making any such claim, we will brand it as a deliberate hoax.” ”

“ And the whole gang’s trying to hide something, and what they’re trying to hide is something they’re scared of, like a body in a closet. When we were over there, Kellogg did all the talking; anybody else who tried to say anything got shut up fast. Kellogg doesn’t like you, Jack and he doesn’t like Ben, and he doesn’t like the Fuzzies. Most of all he doesn’t like the Fuzzies.”
“Well, I told you what I thought this morning,” Rainsford said. “They don’t want outsiders discovering things on this planet. It wouldn’t make them look good to the home office on Terra. ”

“ Rainsford assured him that the Fuzzies were really indigenous.
“We have everything that’s known about them on tape,” he said. “About an hour of it. Can you take sixty-speed?” He was making adjustments on the recorder as he spoke. “All right, set and we’ll transmit to you. And can you get hold of Gerd van Riebeek? I’d like him to hear it too; it’s as much up his alley as anybody’s.”
When Jimenez was ready, Rainsford pressed the play-off button, and for a minute the recorder gave a high, wavering squeak. The Fuzzies all looked startled. ”

“ Gerd asked.
“I’m not sure I know. It’s just an idea that occurred to me today. Kick it around and see if you can get anything out of it.”
“I believe the difference lies in the area of consciousness,” Ernst Mallin was saying. “You all know, of course, the axiom that only one-tenth, never more than one-eighth, of our mental activity occurs above the level of consciousness. Now let us imagine a hypothetical race whose entire mentation is conscious.”
“I hope they stay hypothetical,” Victor Grego, in his office across the city, said out of the screen. “They wouldn’t recognize us as sapient at all.” ”

“ Doctor, you’re the logical man for this job. You’re an ecologist; you know how disastrous the effects of upsetting the balance of nature can be. The Zarathustra Company took care of this planet, when it was their property, but now nine-tenths of it is public domain, and people will be coming in from all over the Federation, scrambling to get rich overnight. ”