- end_line
- 2691
- extracted_at
- 2026-01-30T03:55:03.879Z
- extracted_by
- structure-extraction-lambda
- start_line
- 2631
- text
- the compassion, how can I otherwise but share it. But, mindful of
paramount obligation, 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 impart 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? Now 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, though 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
judgments approve the war, that is but coincidence. So in other
particulars. So now, 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 vowed 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 heart 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 is as that
piteous woman. The heart is the feminine in man, and hard though 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 that
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.’
- title
- Chunk 25