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 unnaturally assumed primacy in the court, now overrulingly instructed by a glance from Captain Vere, a glance more effective than words, resumed that primacy. Turning to the prisoner, "Budd," he said, and scarce in equable tones, "Budd, if you have aught further to say for yourself, say it now."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 scanning their faces he stood less as mustering his thoughts for expression, than as one inly deliberating how best to put them to well-meaning men not intellectually mature, men with whom it was necessary to demonstrate certain principles that were axioms to himself. Similar impatience as to talking is perhaps one reason that deters some minds from addressing any popular assemblies.
When speak he did, something both in the substance of what he said and his manner of saying it, showed the influence of unshared studies modifying and tempering the practical training of an active career. This, along with his phraseology, now and then was suggestive of the grounds whereon rested that imputation of a certain pedantry socially alleged against him by certain naval men of wholly practical cast, captains who nevertheless would frankly concede that His Majesty's Navy mustered no more efficient officer of their grade than Starry Vere.
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.
