In the rainbow,
Who in the rainbow can draw the line
where the violet tint begins or ends and the orange tint
begins? Each hue is distinct As different
Equally impossible is it, in the beginnings of
the hues to draw the line between the
first aberrations The two tints W ee
Distinctly We see the absolute distinct difference of the colors,
but where exactly does the one first blendingly enter into
the other? Between san So with sanity and
insanity. In pronounced cases they are evident
enough there is no question about them.
But In some supposed cases, in various degrees , supposedly less pronounced, to
draw the exact line between is separating
of demarkation few will undertake Tho for a fee becoming considerate the some exp
professional experts will .
undertake it There is nothing
nameable but that some
men will or undertake to do it for pay.
Now as elsewhere
Now Captain Vere's words
to the Surgeon to the effect that the The
unhappy event in the cabin which has been narrated could not
have happened at a worse juncture,
was but too true. For it was close on the
heel of the suppressed insurrections of
the fleet , an after-time so very critical
to naval authority , demanding from
every English sea-commander two
qualities not readily interfusable––
prudence and rigor. And Moreover there was
something crucial in the case yet more trying . In the
preceeding and attending the event on board the Indomitable
and in the light of that martial
code whereby it was formally to
be judged, innocense and guilt
personified in Claggart and Budd
x in effect changed places. The palpable
Legally In a legal view the apparent victim of the tragedy, the man killed, was
he who had sought to victimize a
another, man blameless; and the indisputable deed
of the blameless one man latter , navally regarded,
constituted the most heinous of martial military
crimes. Yet more. The essential
right and wrong involved in the matter, the
clearer that might be, so much the
worse for the responsibility
a
of
a
loyal sea- commander inasmuch as he
was not authorized authorisedHS to determine the
case matter on that primitive basis , . not
seldom an impractical impracticable abstraction
even in civil life and under the most
liberal form of it.
Small wonder then that
the Indomitable's captain though in
general a man of rapid decision, felt
the that necessity of of circumspectness
not less than promptitude was
demanded necessary. Until he
his could decide upon his course,
and in each detail; and not only
so, but until the last result
loyal sea- commander inasmuch as he
was not authorized authorisedHS to determine the
case matter on that primitive basis , . not
seldom an impractical impracticable abstraction
even in civil life and under the most
liberal form of it.
Small wonder then that
the Indomitable's captain though in
general a man of rapid decision, felt
the that necessity of of circumspectness
not less than promptitude was
demanded necessary. Until he
his could decide upon his course,
and in each detail; and not only
so, but until the last result
concluding measure was upon the
point of being enacted, he deemed
it advisable, in view of the all the
circumstances to guard as much as
possible against publicity. Here he
may or may not have erred. Certain
it is however that subsequently in the
confidential talk of more than one or
two gun-rooms and cabins he was not a little
criticized criticisedHS by some officers, a circum fact
imputed by his friends and vehemently
by his cousin Jack Denton to professional
jealousy of Starry Vere . Some
imaginative ground for invidious
comment there was. The maintenance u p
point of being enacted, he deemed
it advisable, in view of the all the
circumstances to guard as much as
possible against publicity. Here he
may or may not have erred. Certain
it is however that subsequently in the
confidential talk of more than one or
two gun-rooms and cabins he was not a little
criticized criticisedHS by some officers, a circum fact
imputed by his friends and vehemently
by his cousin Jack Denton to professional
jealousy of Starry Vere . Some
imaginative ground for invidious
comment there was. The maintenance u p
of
temporary
secresy in the matter, the
confining all knowledge of it for a time
to the place where the homocide
occurred, the quarter-deck cabin;
in these particulars lurked some
resemblance to similar the policy
adopted in those revolutionary trajedies tragedies
of the palace which have occurred more than once
in the capital founded by Peter the Barbarian.
Barbarian. Tartar. Great, chiefly great by his
crimes.
confining all knowledge of it for a time
to the place where the homocide
occurred, the quarter-deck cabin;
in these particulars lurked some
resemblance to similar the policy
adopted in those revolutionary trajedies tragedies
of the palace which have occurred more than once
in the capital founded by Peter the Barbarian.
Barbarian. Tartar. Great, chiefly great by his
crimes.
The case indeed was such that
fain would the Indomitable 's captain have
deferred taking any action whatever respecting
it further than to keep the foretopman
a close prisoner till the ship re- - joined
the squadron and then submitting the
matter to the judgement of his Admiral .
at the same time apprising him how
far was the foretopman at heart from
being either a mutineer or a murderer.
But a true military officer
is in one particular like a true monk.
Not with more of self-abnegation
will the latter keep his vows of
monastic obediance than the former
his vows of allegiance to military martial
duty.
fain would the Indomitable 's captain have
deferred taking any action whatever respecting
it further than to keep the foretopman
a close prisoner till the ship re- - joined
the squadron and then submitting the
matter to the judgement of his Admiral .
at the same time apprising him how
far was the foretopman at heart from
being either a mutineer or a murderer.
But a true military officer
is in one particular like a true monk.
Not with more of self-abnegation
will the latter keep his vows of
monastic obediance than the former
his vows of allegiance to military martial
duty.
Feeling that unless quick action
was taken on it , the deed of the foretopman ,
so soon as it should be known to them on the gun-decks
would tend to awaken any slumbering
embers of disaffection the Nore among the crew,
a sense of the urgency of the case
overruled in Captain Vere every other consideration.
But tho' a conscientious disiplinarian
he was no lover of authority for
mere authority's sake. Very far
was he from embracing opportunities
for monopolizing monopolisingHS to himself
the perils of moral responsibility
none at least that could properly
be referred to an official superior in rank
was taken on it , the deed of the foretopman ,
so soon as it should be known to them on the gun-decks
would tend to awaken any slumbering
embers of disaffection the Nore among the crew,
a sense of the urgency of the case
overruled in Captain Vere every other consideration.
But tho' a conscientious disiplinarian
he was no lover of authority for
mere authority's sake. Very far
was he from embracing opportunities
for monopolizing monopolisingHS to himself
the perils of moral responsibility
none at least that could properly
be referred to an official superior in rank
or shared with him by his
official
official equals or even subordinates.
So thinking he was glad it would
not be at variance with usage to
turn the matter over to a summary
court of his own officers, reserving
to himself as the one on whom
the ultimate accountability would
rest, the right of maintaining a
the supervision of it, or formally or informally
interposing at need. Accordingly
a drum-head court was summarily
convened, he electing the individuals
composing it, the First Lieutenant,
a lieutenant of minor grade the captain of marines , and
the Sailing Master.
official equals or even subordinates.
So thinking he was glad it would
not be at variance with usage to
turn the matter over to a summary
court of his own officers, reserving
to himself as the one on whom
the ultimate accountability would
rest, the right of maintaining a
the supervision of it, or formally or informally
interposing at need. Accordingly
a drum-head court was summarily
convened, he electing the individuals
composing it, the First Lieutenant,
a lieutenant of minor grade the captain of marines , and
the Sailing Master.
In associating an officer of marines
with the sea-lieutenants in a case
having to do with a sailor, the Commander
perhaps deviated from general custom.
The sele He was prompted to thereto
by the circumstance that he took
that soldier to be a rather judicious
person, a man of some reading,
thoughtful, and not wholly intellectually altogether unfitted
incapable of grappling with a
difficult case one unprecedented
in his prior experience. Yet even
as to him he was not without some
latent misgiving, for withall he was an
extremely good-natured man, an
with the sea-lieutenants in a case
having to do with a sailor, the Commander
perhaps deviated from general custom.
The sele He was prompted to thereto
by the circumstance that he took
that soldier to be a rather judicious
person, a man of some reading,
thoughtful, and not wholly intellectually altogether unfitted
incapable of grappling with a
difficult case one unprecedented
in his prior experience. Yet even
as to him he was not without some
latent misgiving, for withall he was an
extremely good-natured man, an
enjoyer of his dinner
a sound sleeper,
and inclined to
obesity.
obesity.
the sort of in some respects an easy-going man who tho' he would
would never shrink in from
might always maintain his manhood in fight battle
might not prove altogether reliable in
a moral dilemma affecting involv involving
aught of the tragic.
For the other two
As
for
to the
First Lieutenant and the Sailing Master
Captain Vere could not but be aware
that though honest natures, of approved
gallantry upon occasion their intelligence
was mostly confined to the matter
of active seamanship and the fighting
demands of their profession . — men
in short to whom in no instance perhaps
could life The court was held in the
same cabin where the unfortunate
affair had taken place. This
cabin, the Commander's, was embraced
the entire area under the poop-deck.
Aft, and on lining a portion of either side
First Lieutenant and the Sailing Master
Captain Vere could not but be aware
that though honest natures, of approved
gallantry upon occasion their intelligence
was mostly confined to the matter
of active seamanship and the fighting
demands of their profession . — men
in short to whom in no instance perhaps
could life The court was held in the
same cabin where the unfortunate
affair had taken place. This
cabin, the Commander's, was embraced
the entire area under the poop-deck.
Aft, and on lining a portion of either side
was a small state-room
the one now
temporarily
a
dea
jail &
the other a dead-house and a
yet smaller compartment leaving a
space between which, forward , expanding
foreward into a goodly oblong of
length coinciding with the ship's beam.
A sky-light of moderate dimension was
overhead and on at each side end of the oblong
space were two sashed port-hole windows
readily easily convertable back into embrasures
for the short carronades . belonging
to them.
All being quickly
in readiness, Billy Budd was
arraigned, Captain Vere necessarily
appearing as the sole witness in
the case, and as such temporarily
sinking his rank, though
singularly maintaining it in a
the other a dead-house and a
yet smaller compartment leaving a
space between which, forward , expanding
foreward into a goodly oblong of
length coinciding with the ship's beam.
A sky-light of moderate dimension was
overhead and on at each side end of the oblong
space were two sashed port-hole windows
readily easily convertable back into embrasures
for the short carronades . belonging
to them.
All being quickly
in readiness, Billy Budd was
arraigned, Captain Vere necessarily
appearing as the sole witness in
the case, and as such temporarily
sinking his rank, though
singularly maintaining it in a
matter apparently trivial, namely,
that he testified from the ship's weather-side
with that object having caused
the court to sit on the lee-side.
Concisely he narrated all that had
led up to the catastrophe, omitting
nothing in Claggart's accusation
and deposing as to the manner
in which the prisoner had received
it. At this testimony the three
officers glanced with no little
surprise at Billy Budd, the last
man they would have suspected
either of the mutinous design
alleged by Claggart or the
undeniable deed he himself
had done.
that he testified from the ship's weather-side
with that object having caused
the court to sit on the lee-side.
Concisely he narrated all that had
led up to the catastrophe, omitting
nothing in Claggart's accusation
and deposing as to the manner
in which the prisoner had received
it. At this testimony the three
officers glanced with no little
surprise at Billy Budd, the last
man they would have suspected
either of the mutinous design
alleged by Claggart or the
undeniable deed he himself
had done.
The First Lieutenant taking judicial
primacy and turning toward the prisoner,
said, "Captain Vere has spoken.
Is it or is it not as Captain Vere says?"
In responce came syllables not so
much impeded in the utterance as
might have been anticipated. They
were these: "Captain Vere tells the truth.
It is just as Captain Vere says, but
it is not as the Master-at-Arms said.
I have eaten the King's bread . and I am
true to the King."
"I beleive you, my man"
said the sole witness in his voice
indicating a suppressed emotion
not otherwise betrayed.
primacy and turning toward the prisoner,
said, "Captain Vere has spoken.
Is it or is it not as Captain Vere says?"
In responce came syllables not so
much impeded in the utterance as
might have been anticipated. They
were these: "Captain Vere tells the truth.
It is just as Captain Vere says, but
it is not as the Master-at-Arms said.
I have eaten the King's bread . and I am
true to the King."
"I beleive you, my man"
said the sole witness in his voice
indicating a suppressed emotion
not otherwise betrayed.
"God will bless you for that,
Your Honor!" not without stammering
said Billy, and all but broke down.
But immediatly was recalled to
self-control by another question,
to which with increased the same emotional difficulty of
utterance he said "No, there was no
malice between us. I never bore
malice against the Master-at-arms.
I am sorry that he is dead. I did
not mean to kill him. Could I have
used my tongue I would not
have struck him. But he
fouly lied to my face and in
prescence of my Captain, and I
had to say something, and I
Your Honor!" not without stammering
said Billy, and all but broke down.
But immediatly was recalled to
self-control by another question,
to which with increased the same emotional difficulty of
utterance he said "No, there was no
malice between us. I never bore
malice against the Master-at-arms.
I am sorry that he is dead. I did
not mean to kill him. Could I have
used my tongue I would not
have struck him. But he
fouly lied to my face and in
prescence of my Captain, and I
had to say something, and I
could only say it with a blow, God
help me!"
In the impulsive above-board manner
of the frank one the court saw confirmed
all that was implied in words that
just previously had perplexed them
coming as they did from the testifier
to the trajedy tragedy and promptly following
Billy's impassioned disclaimer of mutinous intent —
Captain Vere's words, "I believe you, my man."
Next it was demanded of him
asked of him whether he knew of or suspected
aught savoring of incipient trouble
(meaning mutiny, tho' the explicit term
was avoided) going on in any
section of the ship's company.
help me!"
In the impulsive above-board manner
of the frank one the court saw confirmed
all that was implied in words that
just previously had perplexed them
coming as they did from the testifier
to the trajedy tragedy and promptly following
Billy's impassioned disclaimer of mutinous intent —
Captain Vere's words, "I believe you, my man."
Next it was demanded of him
asked of him whether he knew of or suspected
aught savoring of incipient trouble
(meaning mutiny, tho' the explicit term
was avoided) going on in any
section of the ship's company.
The reply lingered. This was
naturally imputed by the court to the same
vocal embarrassment which had
retarded or obstructed previous answers.
But in main it was perhaps otherwise here;
the question immediatly recalling to
Billy's mind the interview with the
Afterguardsman in the fore-chains.
But an innate repugnance to playing the
a part at all approaching that of an
informer against one's own shipmates—
the same erring sense of uninstructed
honor which had stood in the
way of his reporting the matter
at the time though as a loyal
man-of-war-man it this was incumbent on him
and failure so to do if charged against him and proven,
would have subjected him to the heaviest of penalties;
naturally imputed by the court to the same
vocal embarrassment which had
retarded or obstructed previous answers.
But in main it was perhaps otherwise here;
the question immediatly recalling to
Billy's mind the interview with the
Afterguardsman in the fore-chains.
But an innate repugnance to playing the
a part at all approaching that of an
informer against one's own shipmates—
the same erring sense of uninstructed
honor which had stood in the
way of his reporting the matter
at the time though as a loyal
man-of-war-man it this was incumbent on him
and failure so to do if charged against him and proven,
would have subjected him to the heaviest of penalties;
on him
and
failure
not
so to do
if proven
made him liable to the heaviest of penalties;
so to do;
this, with the blind
feeling now his, that nothing really
was being hatched, prevailed with
him. When the answer came it was
a negative.
"One question more," said
the officer of marines now first
speaking and with a troubled
earnestness, "You tell us that what
the Master-at-Arms said against
you was a lie. Now why should
he have so lied, so desperatly maliciously
lied, since you declare there
was no malice between you?"
At that question unintentionally touching
on a spiritual sphere wholly
feeling now his, that nothing really
was being hatched, prevailed with
him. When the answer came it was
a negative.
"One question more," said
the officer of marines now first
speaking and with a troubled
earnestness, "You tell us that what
the Master-at-Arms said against
you was a lie. Now why should
he have so lied, so desperatly maliciously
lied, since you declare there
was no malice between you?"
At that question unintentionally touching
on a spiritual sphere wholly
obscure to Billy's thoughts, he was
nonplussed, evincing a confusion indeed
that some observers, such as can readily be
imagined, would have construed
into involuntary evidence of mysterious hidden
guilt. Nevertheless he strove some
way to answer, but all at once
relinquished the vain endeavor, at the
same time turning an appealing glance
towards Captain Vere as deeming
him his best helper and friend.
The Commander Captain Vere who had been seated
for a time rose to his feet, addressing
the soldier questioner interrogator . "The question you
put to him, Sir, comes naturally
nonplussed, evincing a confusion indeed
that some observers, such as can readily be
imagined, would have construed
into involuntary evidence of mysterious hidden
guilt. Nevertheless he strove some
way to answer, but all at once
relinquished the vain endeavor, at the
same time turning an appealing glance
towards Captain Vere as deeming
him his best helper and friend.
The Commander Captain Vere who had been seated
for a time rose to his feet, addressing
the soldier questioner interrogator . "The question you
put to him, Sir, comes naturally
enough. But how can he rightly
answer it? or anybody else?
unless indeed it be he who lies
within there" designating the
compartment where lay the corpse.
"But he the prone one tho there will will not rise to our summons.
In effect tho', as it seems to me, that your
the point you make though attesting your thoughtfulnes
is not hardly material. Quite
aside from any conceivable motive
actuating the Master-at-arms,
and irrespective of the provocation
to the blow, and or even the blow itself
a martial court should must needs in the present case confine its
attention to the blow's consequce, which consequnce justly
is to be deemed not otherwise than as
the prisoner's striker's deed."
answer it? or anybody else?
unless indeed it be he who lies
within there" designating the
compartment where lay the corpse.
"But he the prone one tho there will will not rise to our summons.
In effect tho', as it seems to me, that your
the point you make though attesting your thoughtfulnes
is not hardly material. Quite
aside from any conceivable motive
actuating the Master-at-arms,
and irrespective of the provocation
to the blow, and or even the blow itself
a martial court should must needs in the present case confine its
attention to the blow's consequce, which consequnce justly
is to be deemed not otherwise than as
the prisoner's striker's deed."
This utterance the full significance
of which it was not at all likely that
Billy took in, nevertheless caused him
to cast turn a wistful interrogative look at
toward the speaker, a look in its dumb expressiveness not unlike
that of which
a dog of generous breed might turn upon
his master seeking in his face some
elucidation of a previous gesture
ambiguous to its the canine intelligence. Nor was
the same utterance without marked effect
upon the three officers, more especially
the soldier. Couched in it seemed to them
a meaning unanticipated, involving a
of which it was not at all likely that
Billy took in, nevertheless caused him
to cast turn a wistful interrogative look at
toward the speaker, a look in its dumb expressiveness not unlike
that of which
a dog of generous breed might turn upon
his master seeking in his face some
elucidation of a previous gesture
ambiguous to its the canine intelligence. Nor was
the same utterance without marked effect
upon the three officers, more especially
the soldier. Couched in it seemed to them
a meaning unanticipated, involving a
prejudgement
as it were
on the speaker's part.
It served to augment a mental
disturbance previously evident enough.
The soldier once more spoke; in a
tone of suggestive dubiety addressing
at once Captain Vere and his associates
and Captain Vere: "Nobody is present —
none of the ship's company, I mean,
who might shed lateral light, if any
is to be had, upon what remains
mysterious in this matter."
"That is thoughtfully put"
said Captain Vere; " and " I see your drift.
Ay, there is a mystery; but, to use a
Scriptural phrase, it is "a mystery of
It served to augment a mental
disturbance previously evident enough.
The soldier once more spoke; in a
tone of suggestive dubiety addressing
at once Captain Vere and his associates
and Captain Vere: "Nobody is present —
none of the ship's company, I mean,
who might shed lateral light, if any
is to be had, upon what remains
mysterious in this matter."
"That is thoughtfully put"
said Captain Vere; " and " I see your drift.
Ay, there is a mystery; but, to use a
Scriptural phrase, it is "a mystery of
iniquity", a matter for psychologic
theologians to discuss. But what has a
military court to do with it? Not to add
that for us any possible investigation
of it is cut off by yon xxxHS the lasting
tongue-tie of—him—in yonder,"
again designating the mortuary state-room.
The prisoner's deed, — with that alone
we have to do." To this, and particularly
the closing reitteration, the marine soldier
knowing not how aptly with good sense to
reply, prudently said nothing.
sadly abstained from saying aught.
The First Lieutenant who in the at the
outset had not unnaturally assumed
the primacy in the court, now
theologians to discuss. But what has a
military court to do with it? Not to add
that for us any possible investigation
of it is cut off by yon xxxHS the lasting
tongue-tie of—him—in yonder,"
again designating the mortuary state-room.
The prisoner's deed, — with that alone
we have to do." To this, and particularly
the closing reitteration, the marine soldier
knowing not how aptly with good sense to
reply, prudently said nothing.
sadly abstained from saying aught.
The First Lieutenant who in the at the
outset had not unnaturally assumed
the primacy in the court, now
overrulingly instructed by a glance from
Captain Vere, a glance that more
expressive effective than words, resumed
that primacy. Turning to the prisoner,
"Budd," he said, and scarse in equable
tones, "Budd, if you have aught
further to say for yourself, say
it now."
Upon this the young sailor turned
another quick glance toward Captain Vere;
then, as taking a hint from that aspect,
a hint one confirming his own instinct that silence was now best, replyed to his questi to the Lieutenant
"I have said all, Sir."
The marine—the same who had
been the sentinel without the cabin-door
Captain Vere, a glance that more
expressive effective than words, resumed
that primacy. Turning to the prisoner,
"Budd," he said, and scarse in equable
tones, "Budd, if you have aught
further to say for yourself, say
it now."
Upon this the young sailor turned
another quick glance toward Captain Vere;
then, as taking a hint from that aspect,
a hint one confirming his own instinct that silence was now best, replyed to his questi to the Lieutenant
"I have said all, Sir."
The marine—the same who had
been the sentinel without the cabin-door
at the time that the foretopman
and
followed
by the master-at-arms, entered it—
he, standing by the sailor throughout
these judicial proceedings, was now directed to
take him back to the after compartment
originally assigned to the prisoner and
his custodian. As the twain disappeard
from present sight view, the three officers
as partially liberated from some inward
constraint associated with Billy's mere
prescence, simultaniously stirred in their
seats. They exchanged looks of
troubled indecision, while yet feeling the more trying since
they felt that decide they must
and without prolonged long delay.
Nor less And yet delay the
by the master-at-arms, entered it—
he, standing by the sailor throughout
these judicial proceedings, was now directed to
take him back to the after compartment
originally assigned to the prisoner and
his custodian. As the twain disappeard
from present sight view, the three officers
as partially liberated from some inward
constraint associated with Billy's mere
prescence, simultaniously stirred in their
seats. They exchanged looks of
troubled indecision, while yet feeling the more trying since
they felt that decide they must
and without prolonged long delay.
Nor less And yet delay the
For Captain Vere, he for the time
(sitting)
stood
—
unconciusly with his back toward them,
in one apparently in one of his absent
fits, gazing out from a sashed
port-hole to windward upon the
monotonous dim blank of the twilight sea.
But the court's silence continuing, broken
only at moments by low brief consultations,
in low earnest tones, this moved him to signs of impatience. this served to arouse him and energize him.
Wheeling round all at once, Turning, he to-and-fro
paced the cabin athwart; in the
returning ascent to windward, climbing
the slant deck in the ship's lee roll;
without knowing it symbolizing thus
in his person action a tenacious mind
resolute to surmount difficulties . even if
against primitive instincts strong as the wind and the sea.
unconciusly with his back toward them,
in one apparently in one of his absent
fits, gazing out from a sashed
port-hole to windward upon the
monotonous dim blank of the twilight sea.
But the court's silence continuing, broken
only at moments by low brief consultations,
in low earnest tones, this moved him to signs of impatience. this served to arouse him and energize him.
Wheeling round all at once, Turning, he to-and-fro
paced the cabin athwart; in the
returning ascent to windward, climbing
the slant deck in the ship's lee roll;
without knowing it symbolizing thus
in his person action a tenacious mind
resolute to surmount difficulties . even if
against primitive instincts strong as the wind and the sea.
Presently he came to a stand before the
three. After scanning their faces he
stood less as one mustering his thoughts for
expression, and tho' full of them than
as one inly deliberating how best to put
them to well-meaning men not
intellectually mature, men with whom
it was necessary to demonstrate certain
principles that were axioms to himself.
This Similar impatience as to talking the primer
is perhaps one reason that deters some
superior minds from addressing any taking part in
popular assemblies ; . under which class head
is to be classed most legislatures
in a Democracy.
three. After scanning their faces he
stood less as one mustering his thoughts for
expression, and tho' full of them than
as one inly deliberating how best to put
them to well-meaning men not
intellectually mature, men with whom
it was necessary to demonstrate certain
principles that were axioms to himself.
This Similar impatience as to talking the primer
is perhaps one reason that deters some
superior minds from addressing any taking part in
popular assemblies ; . under which class head
is to be classed most legislatures
in a Democracy.
When speak he did, something
both in the substance of what he said
and his manner of saying it, showed
the influence of unshared studies
modifying and tempering the
practical training of an active career.
This, along with his phrasiology phraseology
at times now and then was suggestive
of the grounds whereon rested that
imputation of a certain pedintry pedantry
socially alleged against him by
certain of his brother-captains, naval men of
wholly practical cast, who ne officers
men captains, who nevertheless would frankly concede
that his His Magesty's navy mustered no
both in the substance of what he said
and his manner of saying it, showed
the influence of unshared studies
modifying and tempering the
practical training of an active career.
This, along with his phrasiology phraseology
at times now and then was suggestive
of the grounds whereon rested that
imputation of a certain pedintry pedantry
socially alleged against him by
certain of his brother-captains, naval men of
wholly practical cast, who ne officers
men captains, who nevertheless would frankly concede
that his His Magesty's navy mustered no
more efficient officer of their grade than
Starry Vere .
What he said was as follows: to this effect:
"Hitherto I have been but the witness,
acting that part, little more; and I should
hardly think now to take the another tone , that of your
judicial coadjutor for the time , which now I propose
to do, did I not perceive in you, my
friends, —at the crisis too—a troubled
hesitancy , proceeding, I doubt not
from honest puzzlement of the clash of duty military duty and with moral scruple —
scruple vitalized by compassion. Not For
the compassion is natural . How can I
otherwise than share it. But, mindful
of paramount obligations I strive against
Starry Vere .
What he said was as follows: to this effect:
"Hitherto I have been but the witness,
acting that part, little more; and I should
hardly think now to take the another tone , that of your
judicial coadjutor for the time , which now I propose
to do, did I not perceive in you, my
friends, —at the crisis too—a troubled
hesitancy , proceeding, I doubt not
from honest puzzlement of the clash of duty military duty and with moral scruple —
scruple vitalized by compassion. Not For
the compassion is natural . How can I
otherwise than share it. But, mindful
of paramount obligations I strive against
everything
scruples
that may tend to enervate
decision. Not, believe me gentlemen , that I hide
from myself that the case is to be decided before us
is an exceptional one. Speculativly
regauded, it well might it be referred
to a jury of casuists. But for us who
here acting as not as private gentlemen casuists or moralists
are but military men here , and it is
a case practical, and under martial
law practically , not speculativly to be dealt with.
But Your scruples: do they move
as in a dusk? Challenge them. Force Make
them to come out into the open advance
and declare themselves. Come now:
do they import something like this . :
If, mindless of palliating circumstances,
decision. Not, believe me gentlemen , that I hide
from myself that the case is to be decided before us
is an exceptional one. Speculativly
regauded, it well might it be referred
to a jury of casuists. But for us who
here acting as not as private gentlemen casuists or moralists
are but military men here , and it is
a case practical, and under martial
law practically , not speculativly to be dealt with.
But Your scruples: do they move
as in a dusk? Challenge them. Force Make
them to come out into the open advance
and declare themselves. Come now:
do they import something like this . :
If, mindless of palliating circumstances,
we are bound to regard the death
of the Master-at-arms as the prisoner's
deed, then does that deed constitute
a capital crime , and whereof the
penalty is a mortal one. But in
natural justice is nothing but the
prisoner's overt act to be considered? How can
we adjudge to summary and
shameful death a man fellow-creature
innocent before God, and whom we
feel to be so?—Does that state it
aright? You sign sad assent.
Well, I too feel that, the full
force of it. that. It is Nature. It is
irresistable It is Nature. But do these
buttons that we wear attest that
of the Master-at-arms as the prisoner's
deed, then does that deed constitute
a capital crime , and whereof the
penalty is a mortal one. But in
natural justice is nothing but the
prisoner's overt act to be considered? How can
we adjudge to summary and
shameful death a man fellow-creature
innocent before God, and whom we
feel to be so?—Does that state it
aright? You sign sad assent.
Well, I too feel that, the full
force of it. that. It is Nature. It is
irresistable It is Nature. But do these
buttons that we wear attest that
our allegiance is to Nature? No, to the
King. Though the ocean , which is
inviolate Nature primeval, tho' this
be the element where we move and
have our being as sailors, yet as the
King's officers lies our duty in a sphere
correspondingly natural? So little is
that true, that in receiving our commissions
we in the most important regards
ceased to be natural free-agents.
When war is declared are we the
commissioned fighters previously
consulted? We fight at command.
If our judgements approve the war,
that is but coincidence. So in other
particulars. So now. For suppose
King. Though the ocean , which is
inviolate Nature primeval, tho' this
be the element where we move and
have our being as sailors, yet as the
King's officers lies our duty in a sphere
correspondingly natural? So little is
that true, that in receiving our commissions
we in the most important regards
ceased to be natural free-agents.
When war is declared are we the
commissioned fighters previously
consulted? We fight at command.
If our judgements approve the war,
that is but coincidence. So in other
particulars. So now. For suppose
condemnation to follow these present proceedings.
Would it be so much we ourselves
that would condemn as it would be
martial law taking effect operating through
us ? its sworn authorized agents? For that law
and the rigour of it, we are not
responsible. Our vowed responsibility
is in this: that however pitilessly
that law may operate in
certain
the present case
any
instances , we nevertheless adhere to it
and administer it.
But the exceptional in the
matter case moves the hearts within you. Even
so too is mine moved. But let not
warm hearts betray heads that should
be cool. Ashore in a criminal case
will an upright judge allow himself
off the bench to be waylaid by some
tender kinswoman of the accused
seeking to touch him with her pitious tearful
plea? Well the heart here sometimes the
feminine in man is as that
pitious woman. The heart is the
, and hard tho' it be
she must here be ruled out."
instances , we nevertheless adhere to it
and administer it.
But the exceptional in the
matter case moves the hearts within you. Even
so too is mine moved. But let not
warm hearts betray heads that should
be cool. Ashore in a criminal case
will an upright judge allow himself
off the bench to be waylaid by some
tender kinswoman of the accused
seeking to touch him with her pitious tearful
plea? Well the heart here sometimes the
feminine in man is as that
pitious woman. The heart is the
, and hard tho' it be
she must here be ruled out."
He paused, earnestly studying
them for a moment; then resumed.
"But something in your aspect
seems to urge that it is not solely the
heart that moves in you, but also the conscience,
the private conscience. But tell me whether
or not, occupying the position factitious
position we do, private conscience should
not yeild to that pa imperial one
formulated in the that code under which
alone we at all officially proceed?"
Here the three men moved
in their seats, agitated by less convinced
than agitated by the course of an argument troubling
but the more the spontanious
conflict within.
them for a moment; then resumed.
"But something in your aspect
seems to urge that it is not solely the
heart that moves in you, but also the conscience,
the private conscience. But tell me whether
or not, occupying the position factitious
position we do, private conscience should
not yeild to that pa imperial one
formulated in the that code under which
alone we at all officially proceed?"
Here the three men moved
in their seats, agitated by less convinced
than agitated by the course of an argument troubling
but the more the spontanious
conflict within.
Percieving which, the speaker
paused for a moment; then abruptly
changing his tone, went on.
" Do we waver? To steady
us a bit, let us recur to the facts. — In
war-time at sea a man-of-war's-man
strikes his superior in grade, and
the blow kills. Apart from its effect
the blow itself is, according to the Articles of War
Mutiny Act , a capital crime.
Furthermore —"
"Ay, Sir," emotionally broke
in the marine officer of marines, "in
one sense it was. But surely the
Budd man purposed neither mutiny
nor homocide."
paused for a moment; then abruptly
changing his tone, went on.
" Do we waver? To steady
us a bit, let us recur to the facts. — In
war-time at sea a man-of-war's-man
strikes his superior in grade, and
the blow kills. Apart from its effect
the blow itself is, according to the Articles of War
Mutiny Act , a capital crime.
Furthermore —"
"Ay, Sir," emotionally broke
in the marine officer of marines, "in
one sense it was. But surely the
Budd man purposed neither mutiny
nor homocide."
"Surely not, my good
f
man. And
before a court less arbitrary and
more merciful than a ma from
the a martial one, that plea would
largety extenuate. At the Last Assizes it shall acquit. But how here?
We proceed under the law of the
Mutiny Act. In feature no
child can resemble his father
more than that Act resembles in
spirit the thing from which
it derives—War. We know
that in In his His Magesty service—in
this ship indeed—there are
Englishmen forced to serve fight for their the
King and fight the French against
their will. Against their conscience,
for aught we know.
before a court less arbitrary and
more merciful than a ma from
the a martial one, that plea would
largety extenuate. At the Last Assizes it shall acquit. But how here?
We proceed under the law of the
Mutiny Act. In feature no
child can resemble his father
more than that Act resembles in
spirit the thing from which
it derives—War. We know
that in In his His Magesty service—in
this ship indeed—there are
Englishmen forced to serve fight for their the
King and fight the French against
their will. Against their conscience,
for aught we know.
As
H
navy officers
what reck we of that, however Tho' much as their
fellow-creatures of these men some of us may feel about it for them
appreciate their position, yet as navy officers
what reck we of it?
Still less recks
the enemy. What recks the enemy of that?
Our impressed men he would fain
cut down in the same swath with
our volenteers volunteers . As regards the
enemy's naval conscripts, some
of whom may even share our own
abhorrence of the regicial regicidal
French Directory, it is the same
on our side. War looks but to
the frontage, the appearance.
And the Mutiny Act, War's child,
takes after the father. Budd's
intent or non-intent is nothing
to the purpose. Tho' as their fellow-creatures
we[?] feel[?] many[?] feelings, yet
as navy
what reck we of that, however Tho' much as their
fellow-creatures of these men some of us may feel about it for them
appreciate their position, yet as navy officers
what reck we of it?
Still less recks
the enemy. What recks the enemy of that?
Our impressed men he would fain
cut down in the same swath with
our volenteers volunteers . As regards the
enemy's naval conscripts, some
of whom may even share our own
abhorrence of the regicial regicidal
French Directory, it is the same
on our side. War looks but to
the frontage, the appearance.
And the Mutiny Act, War's child,
takes after the father. Budd's
intent or non-intent is nothing
to the purpose. Tho' as their fellow-creatures
we[?] feel[?] many[?] feelings, yet
as navy
But while, put to it by those
anxities in you which I can not but
respect, I but only repeat myself — while
thus strangely we prolong proceedings
that should be summary — an the
enemy may be sighted and an
engagement result. We must
do; and one of two things must
we do — condemn or let go."
"Can we not convict and
yet / mitigate the penalty , ? " asked
the junior Lieutenant here speaking,
and falteringly, for the first.
"Lieutenant, were that clearly
lawful for us under the circumstances
anxities in you which I can not but
respect, I but only repeat myself — while
thus strangely we prolong proceedings
that should be summary — an the
enemy may be sighted and an
engagement result. We must
do; and one of two things must
we do — condemn or let go."
"Can we not convict and
yet / mitigate the penalty , ? " asked
the junior Lieutenant here speaking,
and falteringly, for the first.
"Lieutenant, were that clearly
lawful for us under the circumstances
consider the consequences of such clemency.
The people" (meaning the ship's company)
"have mother native -sense; most of them are
familiar with our naval usage and
tradition; and how would they take it?
Even could your you explain to them—
which our official position forbids—
they, long moulded by arbitrary discipline
have not that kind of intelligent
responsivness that would ena might
qualify them to comprehend and
discriminate. No, to the people
the foretopman's deed however it
be worded in the announcment will be
plain homocide committed in a
flagrant act of mutiny. What
The people" (meaning the ship's company)
"have mother native -sense; most of them are
familiar with our naval usage and
tradition; and how would they take it?
Even could your you explain to them—
which our official position forbids—
they, long moulded by arbitrary discipline
have not that kind of intelligent
responsivness that would ena might
qualify them to comprehend and
discriminate. No, to the people
the foretopman's deed however it
be worded in the announcment will be
plain homocide committed in a
flagrant act of mutiny. What
What
penalty for that should follow, they know.
But it does not follow. Why ? they
will ruminate. Will they You know
what sailors are. Will they not revert
to the recent outbreak at the Nore?
Yes Ay. And they And they will recall They know
the well-founded alarm—the panic
it struck throughout England. A The Your
clement sentence they would account
pusillanimous. They would think that
we flinch, that we are afraid of them—
afraid of practising a lawful rigor singularly demanded at
this juncture
lest it should provoke new troubles.
But it does not follow. Why ? they
will ruminate. Will they You know
what sailors are. Will they not revert
to the recent outbreak at the Nore?
Yes Ay. And they And they will recall They know
the well-founded alarm—the panic
it struck throughout England. A The Your
clement sentence they would account
pusillanimous. They would think that
we flinch, that we are afraid of them—
afraid of practising a lawful rigor singularly demanded at
this juncture
lest it should provoke new troubles.
What shame to us such a conjecture
on their part, and how deadly to
discipline. You see then, whither,
prompted by duty and the law I steadfastly
drive. But I beeseech you, my
friends, do not take me amiss. I
feel even much as you do for this
unfortunate boy. But did he know
our hearts, I take him to be of
that generous nature that he
would feel even for us on whom
in this military necessity so
heavy a compulsion is laid.
on their part, and how deadly to
discipline. You see then, whither,
prompted by duty and the law I steadfastly
drive. But I beeseech you, my
friends, do not take me amiss. I
feel even much as you do for this
unfortunate boy. But did he know
our hearts, I take him to be of
that generous nature that he
would feel even for us on whom
in this military necessity so
heavy a compulsion is laid.
With that, crossing the deck
he resumed his place by the sashed
port-hole, tacitly leaving the three
to come to a decision. On the cabin's
opposite side the troubled court sat
silent. Loyal lieges subjects , plain and
practical, though at bottom they
dissented from some things points
Captain Vere had put to them,
they were without the faculty,
hardly had the inclination
to gainsay one whom they felt
to be an earnest man, one too
not less their superior in
mind than in naval rank.
But it is not improbable
he resumed his place by the sashed
port-hole, tacitly leaving the three
to come to a decision. On the cabin's
opposite side the troubled court sat
silent. Loyal lieges subjects , plain and
practical, though at bottom they
dissented from some things points
Captain Vere had put to them,
they were without the faculty,
hardly had the inclination
to gainsay one whom they felt
to be an earnest man, one too
not less their superior in
mind than in naval rank.
But it is not improbable
that even such
part of
of his
words as
were not without influence over
them, less affected came home to them than
his closing appeal to their instinct
as sea-officers in the forethought
he threw out as to the practical
consequences to discipline, considering
the unconfirmed tone of the fleet
at the time, should a man-of-war's -man
violent killing at sea of a petty-officer a superior in grade be
alowed allowed to pass for aught else
than a capital crime. meriting a[?] demanding prompt
infliction of the penalty.
Not unlikely they were
brought to something more or less
akin to that harassed frame of
mind which in the year 1842
were not without influence over
them, less affected came home to them than
his closing appeal to their instinct
as sea-officers in the forethought
he threw out as to the practical
consequences to discipline, considering
the unconfirmed tone of the fleet
at the time, should a man-of-war's -man
violent killing at sea of a petty-officer a superior in grade be
alowed allowed to pass for aught else
than a capital crime. meriting a[?] demanding prompt
infliction of the penalty.
Not unlikely they were
brought to something more or less
akin to that harassed frame of
mind which in the year 1842
actuated the Commander of the
U.S. brig-of-war Somers to
resolve, under the so-called Articles
of War, Articles moddled modled upon
the English Mutiny Act, to
resolve upon the execution at sea
of a midshipman and two
petty-officers as mutineers
designing the seizure of the brig.
Which resolution was carried out
though in a time of peace and
within not many days sail of
home. An act vindicated by a
naval court of inquiry subsequently
convened ashore. History, and
here cited without comment.
U.S. brig-of-war Somers to
resolve, under the so-called Articles
of War, Articles moddled modled upon
the English Mutiny Act, to
resolve upon the execution at sea
of a midshipman and two
petty-officers as mutineers
designing the seizure of the brig.
Which resolution was carried out
though in a time of peace and
within not many days sail of
home. An act vindicated by a
naval court of inquiry subsequently
convened ashore. History, and
here cited without comment.
True, the circumstances on board
the Somers were different from
those on board the Indomitable .
But the urgency felt, well-warranted
or otherwise, was much the same.
Says a writer whom few know nobody
knows , and who being dead recks
not of the that, oblivion, "Forty years after
a battle it is easy for a non-combatant
to reason about how it ought to have
been fought. It is another thing
personally and under fire to have to direct the
fighting while at the same time
involved in the obscuring smoke
of it. Much so with respect to
to other emergencies involving both
the Somers were different from
those on board the Indomitable .
But the urgency felt, well-warranted
or otherwise, was much the same.
Says a writer whom few know nobody
knows , and who being dead recks
not of the that, oblivion, "Forty years after
a battle it is easy for a non-combatant
to reason about how it ought to have
been fought. It is another thing
personally and under fire to have to direct the
fighting while at the same time
involved in the obscuring smoke
of it. Much so with respect to
to other emergencies involving both
considerations both practical and moral,
and when it is imperative promptly
to act. The greater the fog the more
it imperils the steamer ship , and speed is
put on tho' at the hazard of running
somebody down. Little ween
the snug card-players in the cabin
of the responsibilities of the sleepless
man on the bridge."
In brief, the Billy Budd
was formally convicted and
sentenced to be hung at the yard-arm
in the early morning-watch, it being
now night. Otherwise, as is customary
in such cases, the sentence would
forthwith have been carried carried
out. In war-time on the field
and when it is imperative promptly
to act. The greater the fog the more
it imperils the steamer ship , and speed is
put on tho' at the hazard of running
somebody down. Little ween
the snug card-players in the cabin
of the responsibilities of the sleepless
man on the bridge."
In brief, the Billy Budd
was formally convicted and
sentenced to be hung at the yard-arm
in the early morning-watch, it being
now night. Otherwise, as is customary
in such cases, the sentence would
forthwith have been carried carried
out. In war-time on the field
or in the fleet, a mortal punishment
decreed by a drum-head court—
on the field sometimes decreed by but
a nod from the General—follows
without delay on the heel of
conviction without appeals appeal .
decreed by a drum-head court—
on the field sometimes decreed by but
a nod from the General—follows
without delay on the heel of
conviction without appeals appeal .