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 rejoined the squadron, and then submitting the matter to the judgement of his Admiral.
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 obedience than the former his vows of allegiance to martial duty.
Feeling that unless quick action was taken on it, the deed of the Foretopman, so soon as it should be known on the gun decks, would tend to awaken any slumbering embers of the Nore among the crew, a sense of the urgency of the case overruled in Captain Vere every other consideration. But tho' a conscientious disciplinarian, he was no lover of authority for mere authority's sake. Very far was he from embracing opportunities for monopolizing to himself the perils of moral responsibility, none at least that could properly be referred to an official superior, or shared with him by his 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 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, 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. He was prompted thereto by the circumstance that he took that soldier to be a judicious person, thoughtful, and not altogether incapable of grappling with a difficult case unprecedented in his prior experience. Yet even as to him he was not without some latent misgiving, for withal he was an extremely goodnatured man, an enjoyer of his dinner, a sound sleeper, and inclined to obesity, a man who tho' he would always maintain his manhood in battle might not prove altogether reliable in a moral dilemma involving aught of the tragic. As 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. The court was held in the same cabin where the unfortunate affair had taken place. This cabin, the Commander's, embraced the entire area under the poopdeck. Aft, and on either side, was a small state-room; the one room temporarily a jail and the other a dead-house, and a yet smaller compartment leaving a space between, expanding forward into a goodly oblong of length coinciding with the ship's beam. A skylight of moderate dimension was overhead and at each end of the oblong space were two sashed port-hole windows easily convertible back into embrasures for short carronades.
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.
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 response 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 believe you, my man," said the witness, 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 immediately was recalled to self-control by another question, to which with 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 foully lied to my face and in presence 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 tragedy and promptly following Billy's impassioned disclaimer of mutinous intent — Captain Vere's words, "I believe you, my man."
Next it was 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 otherwise here; the question immediately recalling to Billy's mind the interview with the afterguardsman in the fore-chains. But an innate repugnance to playing 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 was incumbent on him, and failure so to do if charged against him and proven, would have subjected him to the heaviest of penalties; 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 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 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. Captain Vere who had been seated for a time rose to his feet, addressing the interrogator. "The question you put to him 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 the prone one there will not rise to our summons. In effect, tho', as it seems to me, the point you make is hardly material. Quite aside from any conceivable motive actuating the Master-at-arms, and irrespective of the provocation to the blow, a martial court must needs in the present case confine its attention to the blow's consequence, which consequence justly is to be deemed not otherwise than as the striker's deed."