Now, in the language of Blackstone, again, there is a law, "coeval with mankind, dictated by God himself, superior in obligation to any other, and no human laws are of any validity if contrary to this." That law is the Law of Nature; among the three great principles of which Justinian includes "that to every man should be rendered his due." But we have seen that the laws involving flogging in the Navy do _not_ render to every man his due, since in some cases they indirectly exclude the officers from any punishment whatever, and in all cases protect them from the scourge, which is inflicted upon the sailor. Therefore, according to Blackstone and Justinian, those laws have no binding force; and every American man-of-war's-man would be morally justified in resisting the scourge to the uttermost; and, in so resisting, would be religiously justified in what would be judicially styled "the act of mutiny" itself.
If, then, these scourging laws be for any reason necessary, make them binding upon all who of right come under their sway; and let us see an honest Commodore, duly authorised by Congress, condemning to the lash a transgressing Captain by the side of a transgressing sailor. And if the Commodore himself prove a transgressor, let us see one of his brother Commodores take up the lash against _him_, even as the boatswain's mates, the navy executioners, are often called upon to scourge each other.
Or will you say that a navy officer is a man, but that an American-born citizen, whose grandsire may have ennobled him by pouring out his blood at Bunker Hill-will you say that, by entering the service of his country as a common seaman, and standing ready to fight her foes, he thereby loses his manhood at the very time he most asserts it? Will you say that, by so doing, he degrades himself to the liability of the scourge, but if he tarries ashore in time of danger, he is safe from that indignity? All our linked states, all four continents of mankind, unite in denouncing such a thought.
We plant the question, then, on the topmost argument of all. Irrespective of incidental considerations, we assert that flogging in the navy is opposed to the essential dignity, of man, which no legislator has a right to violate; that it is oppressive, and glaringly unequal in its operations; that it is utterly repugnant to the spirit of our democratic institutions; indeed, that it involves a lingering trait of the worst times of a barbarous feudal aristocracy; in a word, we denounce it as religiously, morally, and immutably _wrong_.
No matter, then, what may be the consequences of its abolition; no matter if we have to dismantle our fleets, and our unprotected commerce should fall a prey to the spoiler, the awful admonitions of justice and humanity demand that abolition without procrastination; in a voice that is not to be mistaken, demand that abolition today. It is not a dollar-and-cent question of expediency; it is a matter of _right and wrong_. And if any man can lay his hand on his heart, and solemnly say that this scourging is right, let that man but once feel the lash on his own back, and in his agony you will hear the apostate call the seventh heavens to witness that it is _wrong_. And, in the name of immortal manhood, would to God that every man who upholds this thing were scourged at the gangway till he recanted.
CHAPTER XXXVI
FLOGGING NOT NECESSARY
But White-Jacket is ready to come down from the lofty mast-head of an eternal principle, and fight you-Commodores and Captains of the navy — on your own quarter-deck, with your own weapons, at your own paces.
Exempt yourselves from the lash, you take Bible oaths to it that it is indispensable for others; you swear that, without the lash, no armed ship can be kept in suitable discipline. Be it proved to you, officers, and stamped upon your foreheads, that herein you are utterly wrong.
"Send them to Collingwood," said Lord Nelson, "and _he_ will bring them to order." This was the language of that renowned Admiral, when his officers reported to him certain seamen of the fleet as wholly ungovernable. "Send them to Collingwood." And who was Collingwood, that, after these navy rebels had been imprisoned and scourged without being brought to order, Collingwood could convert them to docility?
Who Admiral Colllngwood was, as an historical hero, history herself will tell you; nor, in whatever triumphal hall they may be hanging, will the captured flags of Trafalgar fail to rustle at the mention of that name. But what Collingwood was as a disciplinarian on board the ships he commanded perhaps needs to be said. He was an officer, then, who held in abhorrence all corporal punishment; who, though seeing more active service than any sea-officer of his time, yet, for years together, governed his men without inflicting the lash.
But these seaman of his must have been most exemplary saints to have proved docile under so lenient a sway. Were they saints? Answer, ye jails and alms-houses throughout the length and breadth of Great Britain, which, in Collingwood's time, were swept clean of the last lingering villain and pauper to man his majesty's fleets.
Still more, _that_ was a period when the uttermost resources of England were taxed to the quick; when the masts of her multiplied fleets almost transplanted her forests, all standing to the sea; when British press-gangs not only boarded foreign ships on the high seas, and boarded foreign pier-heads, but boarded their own merchantmen at the mouth of the Thames, and boarded the very fire-sides along its banks; when Englishmen were knocked down and dragged into the navy, like cattle into the slaughter-house, with every mortal provocation to a mad desperation against the service that thus ran their unwilling heads into the muzzles of the enemy's cannon. _This_ was the time, and _these_ the men that Collingwood governed without the lash.
I know it has been said that Lord Collingwood began by inflicting severe punishments, and afterward ruling his sailors by the mere memory of a by-gone terror, which he could at pleasure revive; and that his sailors knew this, and hence their good behaviour under a lenient sway. But, granting the quoted assertion to be true, how comes it that many American Captains, who, after inflicting as severe punishment as ever Collingwood could have authorized-how comes it that _they_, also, have not been able to maintain good order without subsequent floggings, after once showing to the crew with what terrible attributes they were invested? But it is notorious, and a thing that I myself, in several instances, _know_ to have been the case, that in the American navy, where corporal punishment has been most severe, it has also been most frequent.
But it is incredible that, with such crews as Lord Collingwood's — composed, in part, of the most desperate characters, the rakings of the jails-it is incredible that such a set of men could have been governed by the mere _memory_ of the lash. Some other influence must have been brought to bear; mainly, no doubt, the influence wrought by a powerful brain, and a determined, intrepid spirit over a miscellaneous rabble.
It is well known that Lord Nelson himself, in point of policy, was averse to flogging; and that, too, when he had witnessed the mutinous effects of government abuses in the navy-unknown in our times-and which, to the terror of all England, developed themselves at the great mutiny of the Nore: an outbreak that for several weeks jeopardised the very existence of the British navy.
But we may press this thing nearly two centuries further back, for it is a matter of historical doubt whether, in Robert Blake's time, Cromwell's great admiral, such a thing as flogging was known at the gangways of his victorious fleets. And as in this matter we cannot go further back than to Blake, so we cannot advance further than to our own time, which shows Commodore Stockton, during the recent war with Mexico, governing the American squadron in the Pacific without employing the scourge.