What he said was to this effect: "Hitherto I have been but the witness, little more; and I should hardly think now to take another tone, that of your coadjutor, for the time, did I not perceive in you, — at the crisis too — a troubled hesitancy, proceeding, I doubt not, from the clash of military duty with moral scruple — scruple vitalized by compassion. For the compassion, how can I otherwise than share it? But, mindful of paramount obligations I strive against scruples that may tend to enervate decision. Not, gentlemen, that I hide from myself that the case is an exceptional one. Speculatively regarded, it well might be referred to a jury of casuists. But for us here acting not as casuists or moralists, it is a case practical, and under martial law practically to be dealt with.
"But your scruples: do they move as in a dusk? Challenge them. Make them 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 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 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 that. 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 condemnation to follow these present proceedings. Would it be so much we ourselves that would condemn as it would be martial law operating through us? For that law and the rigour of it, we are not responsible. Our avowed responsibility is in this: That however pitilessly that law may operate, we nevertheless adhere to it and administer it.
"But the exceptional in the matter 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 tearful plea? Well the heart here denotes the feminine in man is as that piteous woman, 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 we do, private conscience should not yield to that imperial one formulated in the code under which alone we officially proceed?"
Here the three men moved in their seats, less convinced than agitated by the course of an argument troubling but the more the spontaneous conflict within.
Perceiving which, the speaker paused for a moment; then abruptly changing his tone, went on.
"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, a capital crime. Furthermore-"
"Ay, Sir," emotionally broke in the officer of marines, "in one sense it was. But surely Budd purposed neither mutiny nor homicide."
"Surely not, my good man. And before a court less arbitrary and more merciful than a martial one, that plea would largely 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. In His Majesty's service — in this ship indeed — there are Englishmen forced to fight for the King against their will. Against their conscience, for aught we know. Tho' as their fellow-creatures some of us may appreciate their position, yet as navy officers, what reck we of it? Still less recks the enemy. Our impressed men he would fain cut down in the same swath with our volunteers. As regards the enemy's naval conscripts, some of whom may even share our own abhorrence of the 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.
"But while, put to it by these anxieties in you which I can not but respect, I only repeat myself — while thus strangely we prolong proceedings that should be summary — 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 native-sense; most of them are familiar with our naval usage and tradition; and how would they take it? Even could you explain to them — which our official position forbids — they, long moulded by arbitrary discipline have not that kind of intelligent responsiveness that might qualify them to comprehend and discriminate. No, to the people the Foretopman's deed, however it be worded in the announcement, will be plain homicide committed in a flagrant act of mutiny. What penalty for that should follow, they know. But it does not follow. Why? they will ruminate. You know what sailors are. Will they not revert to the recent outbreak at the Nore? Ay. They know the well-founded alarm — the panic it struck throughout England. Your clement sentence they would account pusillanimous. They would think that we flinch, that we are afraid of them — afraid of practising a lawful rigour 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 beseech you, my friends, do not take me amiss. I feel 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, plain and practical, though at bottom they dissented from some 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 of his words as were not without influence over them, less 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's violent killing at sea of a superior in grade be allowed to pass for aught else than a capital crime 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 modelled 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' 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, "Forty years after a battle it is easy fo
r a non-combatant to reason about how it ought to have been fought. It is another thing personally and under fire to direct the fighting while involved in the obscuring smoke of it. Much so with respect to other emergencies involving considerations both practical and moral, and when it is imperative promptly to act. The greater the fog the more it imperils the steamer, 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, 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 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 appeal.
CHAPTER 23
It was Captain Vere himself who of his own motion communicated the finding of the court to the prisoner; for that purpose going to the compartment where he was in custody and bidding the marine there to withdraw for the time.
Beyond the communication of the sentence what took place at this interview was never known. But in view of the character of the twain briefly closeted in that state-room, each radically sharing in the rarer qualities of our nature — so rare indeed as to be all but incredible to average minds however much cultivated — some conjectures may be ventured.
It would have been in consonance with the spirit of Captain Vere should he on this occasion have concealed nothing from the condemned one — should he indeed have frankly disclosed to him the part he himself had played in bringing about the decision, at the same time revealing his actuating motives. On Billy's side it is not improbable that such a confession would have been received in much the same spirit that prompted it. Not without a sort of joy indeed he might have appreciated the brave opinion of him implied in his Captain's making such a confidant of him. Nor, as to the sentence itself could he have been insensible that it was imparted to him as to one not afraid to die. Even more may have been. Captain Vere in the end may have developed the passion sometimes latent under an exterior stoical or indifferent. He was old enough to have been Billy's father. The austere devotee of military duty, letting himself melt back into what remains primeval in our formalized humanity, may in the end have caught Billy to his heart even as Abraham may have caught young Isaac on the brink of resolutely offering him up in obedience to the exacting behest. But there is no telling the sacrament, seldom if in any case revealed to the gadding world, wherever under circumstances at all akin to those here attempted to be set forth, two of great Nature's nobler order embrace. There is privacy at the time, inviolable to the survivor, and holy oblivion, the sequel to each diviner magnanimity, providentially covers all at last.
The first to encounter Captain Vere in act of leaving the compartment was the senior Lieutenant. The face he beheld, for the moment one expressive of the agony of the strong, was to that officer, tho' a man of fifty, a startling revelation. That the condemned one suffered less than he who mainly had effected the condemnation was apparently indicated by the former's exclamation in the scene soon perforce to be touched upon.
CHAPTER 24
Of a series of incidents within a brief term rapidly following each other, the adequate narration may take up a term less brief, especially if explanation or comment here and there seem requisite to the better understanding of such incidents. Between the entrance into the cabin of him who never left it alive, and him who when he did leave it left it as one condemned to die; between this and the closeted interview just given, less than an hour and a half had elapsed. It was an interval long enough however to awaken speculations among no few of the ship's company as to what it was that could be detaining in the cabin the Master-at-arms and the sailor; for a rumor that both of them had been seen to enter it and neither of them had been seen to emerge, this rumor had got abroad upon the gun decks and in the tops; the people of a great war-ship being in one respect like villagers taking microscopic note of every outward movement or non-movement going on. When therefore in weather not at all tempestuous all hands were called in the second dog-watch, a summons under such circumstances not usual in those hours, the crew were not wholly unprepared for some announcement extraordinary, one having connection too with the continued absence of the two men from their wonted haunts.
There was a moderate sea at the time; and the moon, newly risen and near to being at its full, silvered the white spar-deck wherever not blotted by the clear-cut shadows horizontally thrown of fixtures and moving men. On either side of the quarter-deck, the marine guard under arms was drawn up; and Captain Vere standing in his place surrounded by all the ward-room officers, addressed his men. In so doing his manner showed neither more nor less than that properly pertaining to his supreme position aboard his own ship. In clear terms and concise he told them what had taken place in the cabin; that the Master-at-arms was dead; that he who had killed him had been already tried by a summary court and condemned to death; and that the execution would take place in the early morning watch. The word mutiny was not named in what he said. He refrained too from making the occasion an opportunity for any preachment as to the maintenance of discipline, thinking perhaps that under existing circumstances in the navy the consequence of violating discipline should be made to speak for itself.
Their Captain's announcement was listened to by the throng of standing sailors in a dumbness like that of a seated congregation of believers in hell listening to the clergyman's announcement of his Calvinistic text.
At the close, however, a confused murmur went up. It began to wax. All but instantly, then, at a sign, it was pierced and suppressed by shrill whistles of the Boatswain and his Mates piping down one watch.
To be prepared for burial Claggart's body was delivered to certain petty-officers of his mess. And here, not to clog the sequel with lateral matters, it may be added that at a suitable hour, the Master-at-arms was committed to the sea with every funeral honor properly belonging to his naval grade.
In this proceeding as in every public one growing out of the tragedy, strict adherence to usage was observed. Nor in any point could it have been at all deviated from, either with respect to Claggart or Billy Budd, without begetting undesirable speculations in the ship's company, sailors, and more particularly men-of-war's-men, being of all men the greatest sticklers for usage.
For similar cause, all communication between Captain Vere and the condemned one ended with the closeted interview already given, the latter being now surrendered to the ordinary routine preliminary to the end. This transfer under guard from the Captain's quarters was effected without unusual precautions — at least no visible ones.
If possible, not to let the men so much as surmise that their officers anticipate aught amiss from them is the tacit rule in a military ship. And the more that some sort of trouble should really be apprehended the more do the officers keep that apprehension to themselves; tho' not the less unostentatious vigilance may be augmented.
In the present instance the sentry placed over the prisoner had strict orders to let no one have communication with him but the Chaplain. And certain unobtrusive measures were taken absolutely to insure this point.
CHAPTER 25
In a seventy-four of the old order the deck known as the upper gun deck was the one covered over by the spar-deck which last though not without its armament was for the most part exposed to the weather. In general it was at all hours free from hammocks; those of the crew swinging on the lower gun deck, and berth-deck, the latter being not only a dormitory but also the place for the stowing of the sailors' bags, and on both sides lined with the large chests or movable pantries of the many messes of the men.
On the starboard side of the Indomitable's upper gun deck, behold Billy Budd under sentry, lying prone in irons, in one of the bays formed by the regular spacing of the guns comprising the
batteries on either side. All these pieces were of the heavier calibre of that period. Mounted on lumbering wooden carriages they were hampered with cumbersome harness of breechen and strong side-tackles for running them out. Guns and carriages, together with the long rammers and shorter lintstocks lodged in loops overhead — all these, as customary, were painted black; and the heavy hempen breechens, tarred to the same tint, wore the like livery of the undertakers. In contrast with the funereal hue of these surroundings the prone sailor's exterior apparel, white jumper and white duck trousers, each more or less soiled, dimly glimmered in the obscure light of the bay like a patch of discolored snow in early April lingering at some upland cave's black mouth. In effect he is already in his shroud or the garments that shall serve him in lieu of one. Over him, but scarce illuminating him, two battle-lanterns swing from two massive beams of the deck above. Fed with the oil supplied by the war-contractors (whose gains, honest or otherwise, are in every land an anticipated portion of the harvest of death), with flickering splashes of dirty yellow light they pollute the pale moonshine all but ineffectually struggling in obstructed flecks thro' the open ports from which the tompioned cannon protrude. Other lanterns at intervals serve but to bring out somewhat the obscurer bays which, like small confessionals or side-chapels in a cathedral, branch from the long dim-vistaed broad aisle between the two batteries of that covered tier.
Such was the deck where now lay the Handsome Sailor. Through the rose-tan of his complexion, no pallor could have shown. It would have taken days of sequestration from the winds and the sun to have brought about the effacement of that. But the skeleton in the cheekbone at the point of its angle was just beginning delicately to be defined under the warm-tinted skin. In fervid hearts self-contained, some brief experiences devour our human tissue as secret fire in a ship's hold consumes cotton in the bale.
Billy Budd Page 8
