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‘Aye, 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. Though 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 those anxieties in you which I cannot 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? Aye, 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, came home to them less than his closing appeal to their instinct as sea-officers. He forecasted the practical consequences to discipline (considering the unconfirmed tone of the fleet at the time), if violent killing at sea by a man-of-war’s man of a superior in grade were allowed to pass for aught else than a capital crime, and one demanding prompt infliction of the penalty.