CHAPTER LXX.
MONTHLY MUSTER ROUND THE CAPSTAN.
Besides general quarters, and the regular morning and evening quarters for prayers on board the Neversink, on the first Sunday of every month we had a grand "_muster round the capstan_," when we pa.s.sed in solemn review before the Captain and officers, who closely scanned our frocks and trowsers, to see whether they were according to the Navy cut. In some ships, every man is required to bring his bag and hammock along for inspection.
This ceremony acquires its chief solemnity, and, to a novice, is rendered even terrible, by the reading of the Articles of War by the Captain"s clerk before the a.s.sembled ship"s company, who in testimony of their enforced reverence for the code, stand bareheaded till the last sentence is p.r.o.nounced.
To a mere amateur reader the quiet perusal of these Articles of War would be attended with some nervous emotions. Imagine, then, what _my_ feelings must have been, when, with my hat deferentially in my hand, I stood before my lord and master, Captain Claret, and heard these Articles read as the law and gospel, the infallible, unappealable dispensation and code, whereby I lived, and moved, and had my being on board of the United States ship Neversink.
Of some twenty offences--made penal--that a seaman may commit, and which are specified in this code, thirteen are punishable by death.
"_Shall suffer death!_" This was the burden of nearly every Article read by the Captain"s clerk; for he seemed to have been instructed to omit the longer Articles, and only present those which were brief and to the point.
"_Shall suffer death!_" The repeated announcement falls on your ear like the intermitting discharge of artillery. After it has been repeated again and again, you listen to the reader as he deliberately begins a new paragraph; you hear him reciting the involved, but comprehensive and clear arrangement of the sentence, detailing all possible particulars of the offence described, and you breathlessly await, whether _that_ clause also is going to be concluded by the discharge of the terrible minute-gun. When, lo! it again booms on your ear--_shall suffer death!_ No reservations, no contingencies; not the remotest promise of pardon or reprieve; not a glimpse of commutation of the sentence; all hope and consolation is shut out--_shall suffer death!_ that is the simple fact for you to digest; and it is a tougher morsel, believe White-Jacket when he says it, than a forty-two-pound cannon-ball.
But there is a glimmering of an alternative to the sailor who infringes these Articles. Some of them thus terminates: "_Shall suffer death, or such punishment as a court-martial shall adjudge_." But hints this at a penalty still more serious? Perhaps it means "_death, or worse punishment_."
Your honours of the Spanish Inquisition, Loyola and Torquemada!
produce, reverend gentlemen, your most secret code, and match these Articles of War, if you can. Jack Ketch, _you_ also are experienced in these things! Thou most benevolent of mortals, who standest by us, and hangest round our necks, when all the rest of this world are against us--tell us, hangman, what punishment is this, horribly hinted at as being worse than death? Is it, upon an empty stomach, to read the Articles of War every morning, for the term of one"s natural life? Or is it to be imprisoned in a cell, with its walls papered from floor to ceiling with printed copies, in italics, of these Articles of War?
But it needs not to dilate upon the pure, bubbling milk of human kindness, and Christian charity, and forgiveness of injuries which pervade this charming doc.u.ment, so thoroughly imbued, as a Christian code, with the benignant spirit of the Sermon on the Mount. But as it is very nearly alike in the foremost states of Christendom, and as it is nationally set forth by those states, it indirectly becomes an index to the true condition of the present civilization of the world.
As, month after month, I would stand bareheaded among my shipmates, and hear this doc.u.ment read, I have thought to myself, Well, well, White-Jacket, you are in a sad box, indeed. But p.r.i.c.k your ears, there goes another minute-gun. It admonishes you to take all bad usage in good part, and never to join in any public meeting that may be held on the gun-deck for a redress of grievances. Listen:
Art. XIII. "If any person in the navy shall make, or attempt to make, any mutinous a.s.sembly, he shall, on conviction thereof by a court martial, suffer death."
Bless me, White-Jacket, are you a great gun yourself, that you so recoil, to the extremity of your breechings, at that discharge?
But give ear again. Here goes another minute-gun. It indirectly admonishes you to receive the grossest insult, and stand still under it:
Art. XIV. "No private in the navy shall disobey the lawful orders of his superior officer, or strike him, or draw, or offer to draw, or raise any weapon against him, while in the execution of the duties of his office, on pain of death."
Do not hang back there by the bulwarks, White-Jacket; come up to the mark once more; for here goes still another minute-gun, which admonishes you never to be caught napping:
Part of Art. XX. "If any person in the navy shall sleep upon his watch, he shall suffer death."
Murderous! But then, in time of peace, they do not enforce these blood-thirsty laws? Do they not, indeed? What happened to those three sailors on board an American armed vessel a few years ago, quite within your memory, White-Jacket; yea, while you yourself were yet serving on board this very frigate, the Neversink? What happened to those three Americans, White-Jacket--those three sailors, even as you, who once were alive, but now are dead? "_Shall suffer death!_" those were the three words that hung those three sailors.
Have a care, then, have a care, lest you come to a sad end, even the end of a rope; lest, with a black-and-blue throat, you turn a dumb diver after pearl-sh.e.l.ls; put to bed for ever, and tucked in, in your own hammock, at the bottom of the sea. And there you will lie, White-Jacket, while hostile navies are playing cannon-ball billiards over your grave.
By the main-mast! then, in a time of profound peace, I am subject to the cut-throat martial law. And when my own brother, who happens to be dwelling ash.o.r.e, and does not serve his country as I am now doing--when _he_ is at liberty to call personally upon the President of the United States, and express his disapprobation of the whole national administration, here am I, liable at any time to be run up at the yard-arm, with a necklace, made by no jeweler, round my neck!
A hard case, truly, White-Jacket; but it cannot be helped. Yes; you live under this same martial law. Does not everything around you din the fact in your ears? Twice every day do you not jump to your quarters at the sound of a drum? Every morning, in port, are you not roused from your hammock by the _reveille_, and sent to it again at nightfall by the _tattoo?_ Every Sunday are you not commanded in the mere matter of the very dress you shall wear through that blessed day? Can your shipmates so much as drink their "tot of grog?" nay, can they even drink but a cup of water at the scuttle-b.u.t.t, without an armed sentry standing over them? Does not every officer wear a sword instead of a cane? You live and move among twenty-four-pounders. White-Jacket; the very cannon-b.a.l.l.s are deemed an ornament around you, serving to embellish the hatchways; and should you come to die at sea, White-Jacket, still two cannon-b.a.l.l.s would bear you company when you would be committed to the deep. Yea, by all methods, and devices, and inventions, you are momentarily admonished of the fact that you live under the Articles of War. And by virtue of them it is, White-Jacket, that, without a hearing and without a trial, you may, at a wink from the Captain, be condemned to the scourge.
Speak you true? Then let me fly!
Nay, White-Jacket, the landless horizon hoops you in.
Some tempest, then, surge all the sea against us! hidden reefs and rocks, arise and dash the ships to chips! I was not born a serf, and will not live a slave! Quick! cork-screw whirlpools, suck us down!
world"s end whelm us!
Nay, White-Jacket, though this frigate laid her broken bones upon the Antarctic sh.o.r.es of Palmer"s Land; though not two planks adhered; though all her guns were spiked by sword-fish blades, and at her yawning hatchways mouth-yawning sharks swam in and out; yet, should you escape the wreck and scramble to the beach, this Martial Law would meet you still, and s.n.a.t.c.h you by the throat. Hark!
Art. XLII. Part of Sec. 3.-"In all cases where the crews of the ships or vessels of the United States shall be separated from their vessels by the latter being wrecked, lost, or destroyed, all the command, power, and authority given to the officers of such ships or vessels shall remain, and be in full force, as effectually as if such ship or vessel were not so wrecked, lost or destroyed."
Hear you that, White-Jacket! I tell you there is no escape. Afloat or wrecked the Martial Law relaxes not its gripe. And though, by that self-same warrant, for some offence therein set down, you were indeed to "suffer death," even then the Martial Law might hunt you straight through the other world, and out again at its other end, following you through all eternity, like an endless thread on the inevitable track of its own point, pa.s.sing unnumbered needles through.
CHAPTER LXXI.
THE GENEALOGY OF THE ARTICLES OF WAR.
As the Articles of War form the ark and const.i.tution of the penal laws of the American Navy, in all sobriety and earnestness it may be well to glance at their origin. Whence came they? And how is it that one arm of the national defences of a Republic comes to be ruled by a Turkish code, whose every section almost, like each of the tubes of a revolving pistol, fires nothing short of death into the heart of an offender? How comes it that, by virtue of a law solemnly ratified by a Congress of freemen, the representatives of freemen, thousands of Americans are subjected to the most despotic usages, and, from the dockyards of a republic, absolute monarchies are launched, with the "glorious stars and stripes" for an ensign? By what unparalleled anomaly, by what monstrous grafting of tyranny upon freedom did these Articles of War ever come to be so much as heard of in the American Navy?
Whence came they? They cannot be the indigenous growth of those political inst.i.tutions, which are based upon that arch-democrat Thomas Jefferson"s Declaration of Independence? No; they are an importation from abroad, even from Britain, whose laws we Americans hurled off as tyrannical, and yet retained the most tyrannical of all.
But we stop not here; for these Articles of War had their congenial origin in a period of the history of Britain when the Puritan Republic had yielded to a monarchy restored; when a hangman Judge Jeffreys sentenced a world"s champion like Algernon Sidney to the block; when one of a race by some deemed accursed of G.o.d--even a Stuart, was on the throne; and a Stuart, also, was at the head of the Navy, as Lord High Admiral. One, the son of a King beheaded for encroachments upon the rights of his people, and the other, his own brother, afterward a king, James II., who was hurled from the throne for his tyranny. This is the origin of the Articles of War; and it carries with it an unmistakable clew to their despotism.[4]
[FOOTNOTE-4] The first Naval Articles of War in the English language were pa.s.sed in the thirteenth year of the reign of Charles the Second, under the t.i.tle of "_An act for establishing Articles and Orders for the regulating and better Government of his Majesty"s Navies, Ships-of-War, and Forces by Sea_." This act was repealed, and, so far as concerned the officers, a modification of it subst.i.tuted, in the twenty-second year of the reign of George the Second, shortly after the Peace of Aix la Chapelle, just one century ago. This last act, it is believed, comprises, in substance, the Articles of War at this day in force in the British Navy. It is not a little curious, nor without meaning, that neither of these acts explicitly empowers an officer to inflict the lash. It would almost seem as if, in this case, the British lawgivers were willing to leave such a stigma out of an organic statute, and bestow the power of the lash in some less solemn, and perhaps less public manner. Indeed, the only broad enactments directly sanctioning naval scourging at sea are to be found in the United States Statute Book and in the "Sea Laws" of the absolute monarch, Louis le Grand, of France.[4.1]
Taking for their basis the above-mentioned British Naval Code, and ingrafting upon it the positive scourging laws, which Britain was loth to recognise as organic statutes, our American lawgivers, in the year 1800, framed the Articles of War now governing the American Navy. They may be found in the second volume of the "United States Statutes at Large," under chapter x.x.xiii.--"An act for the _better_ government of the Navy of the United States."
[4.1] For reference to the latter (L"Ord. de la Marine), _vide_ Curtis"s "Treatise on the Rights and Duties of Merchant-Seamen, according to the General Maritime Law," Part ii., c. i.
Nor is it a dumb thing that the men who, in democratic Cromwell"s time, first proved to the nations the toughness of the British oak and the hardihood of the British sailor--that in Cromwell"s time, whose fleets struck terror into the cruisers of France, Spain, Portugal, and Holland, and the corsairs of Algiers and the Levant; in Cromwell"s time, when Robert Blake swept the Narrow Seas of all the keels of a Dutch Admiral who insultingly carried a broom at his fore-mast; it is not a dumb thing that, at a period deemed so glorious to the British Navy, these Articles of War were unknown.
Nevertheless, it is granted that some laws or other must have governed Blake"s sailors at that period; but they must have been far less severe than those laid down in the written code which superseded them, since, according to the father-in-law of James II., the Historian of the Rebellion, the English Navy, prior to the enforcement of the new code, was full of officers and sailors who, of all men, were the most republican. Moreover, the same author informs us that the first work undertaken by his respected son-in-law, then Duke of York, upon entering on the duties of Lord High Admiral, was to have a grand re-christening of the men-of-war, which still carried on their sterns names too democratic to suit his high-tory ears.
But if these Articles of War were unknown in Blake"s time, and also during the most brilliant period of Admiral Benbow"s career, what inference must follow? That such tyrannical ordinances are not indispensable--even during war--to the highest possible efficiency of a military marine.
CHAPTER LXXII.
"HEREIN ARE THE GOOD ORDINANCES OF THE SEA, WHICH WISE MEN, WHO VOYAGED ROUND THE WORLD, GAVE TO OUR ANCESTORS, AND WHICH CONSt.i.tUTE THE BOOKS OF THE SCIENCE OF GOOD CUSTOMS."
--_The Consulate of the Sea_.