"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 for 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.