Billy Budd

The soldier once more spoke; in a tone of suggestive dubiety addressing at once 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; "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 the lasting tongue-tie of — him — in yonder," again designating the mortuary stateroom. "The prisoner's deed, — with that alone we have to do."

To this, and particularly the closing reiteration, the marine soldier knowing not how aptly to reply, sadly abstained from saying aught. The First Lieutenant who at the outset had not u

Upon this the young sailor turned another quick glance toward Captain Vere; then, as taking a hint from that aspect, a hint confirming his own instinct that silence was now best, replied 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 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 disappeared from view, the three officers as partially liberated from some inward constraint associated with Billy's mere presence, simultaneously stirred in their seats. They exchanged looks of troubled indecision, yet feeling that decide they must and without long delay. As for Captain Vere, he for the time stood unconsciously with his back toward them, apparently in one of his absent fits, gazing out from a sashed port-hole to windward upon the monotonous blank of the twilight sea. But the court's silence continuing, broken only at moments by brief consultations in low earnest tones, this seemed to arm him and energize him. 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 action a 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 sca

When speak he did, something both in the substance of what he said and his ma

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 i

"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.