Some may urge that the severest operations of the code are tacitly made null in time of peace. But though with respect to several of the Articles this holds true, yet at any time any and all of them may be legally enforced. Nor have there been wanting recent instances, illustrating the spirit of this code, even in cases where the letter of the code was not altogether observed. The well-known case of a United States brig furnishes a memorable example, which at any moment may be repeated. Three men, in a time of peace, were then hung at the yard-arm, merely because, in the Captain's judgment, it became necessary to hang them. To this day the question of their complete guilt is socially discussed.
How shall we characterise such a deed? Says Black-stone, "If any one that hath commission of martial authority doth, in time of peace, hang, or otherwise execute any man by colour of martial law, this is murder; for it is against Magna Charta."* [* Commentaries, b. i., c. xiii.]
Magna Charta! We moderns, who may be landsmen, may justly boast of civil immunities not possessed by our forefathers; but our remoter forefathers who happened to be mariners may straighten themselves even in their ashes to think that their lawgivers were wiser and more humane in their generation than our lawgivers in ours. Compare the sea-laws of our Navy with the Roman and Rhodian ocean ordinances; compare them with the "Consulate of the Sea;" compare them with the Laws of the Hanse Towns; compare them with the ancient Wisbury laws. In the last we find that they were ocean democrats in those days. "If he strikes, he ought to receive blow for blow." Thus speak out the Wisbury laws concerning a Gothland sea-captain.
In final reference to all that has been said in previous chapters touching the severity and unusualness of the laws of the American Navy, and the large authority vested in its commanding officers, be it here observed, that White-Jacket is not unaware of the fact, that the responsibility of an officer commanding at sea- whether in the merchant service or the national marine-is unparalleled by that of any other relation in which man may stand to man. Nor is he unmindful that both wisdom and humanity dictate that, from the peculiarity of his position, a sea-officer in command should be clothed with a degree of authority and discretion inadmissible in any master ashore. But, at the same time, these principles-recognised by all writers on maritime law-have undoubtedly furnished warrant for clothing modern sea- commanders and naval courts-martial with powers which exceed the due limits of reason and necessity. Nor is this the only instance where right and salutary principles, in themselves almost self- evident and infallible, have been advanced in justification of things, which in themselves are just as self-evidently wrong and pernicious.
Be it here, once and for all, understood, that no sentimental and theoretic love for the common sailor; no romantic belief in that peculiar noble-heartedness and exaggerated generosity of disposition fictitiously imputed to him in novels; and no prevailing desire to gain the reputation of being his friend, have actuated me in anything I have said, in any part of this work, touching the gross oppression under which I know that the sailors suffers. Indifferent as to who may be the parties concerned, I but desire to see wrong things righted, and equal justice administered to all.
Nor, as has been elsewhere hinted, is the general ignorance or depravity of any race of men to be alleged as an apology for tyranny over them. On the contrary, it cannot admit of a reasonable doubt, in any unbiased mind conversant with the interior life of a man-of-war, that most of the sailor iniquities practised therein are indirectly to be ascribed to the morally debasing effects of the unjust, despotic, and degrading laws under which the man-of-war's-man lives.
CHAPTER LXXIII
NIGHT AND DAY GAMBLING IN A MAN-OF-WAR
Mention has been made that the game of draughts, or checkers, was permitted to be played on board the Neversink. At the present time, while there was little or no shipwork to be done, and all hands, in high spirits, were sailing homeward over the warm smooth sea of the tropics; so numerous became the players, scattered about the decks, that our First Lieutenant used ironically to say that it was a pity they were not tesselated with squares of white and black marble, for the express benefit and convenience of the players. Had this gentleman had his way, our checker-boards would very soon have been pitched out of the ports. But the Captain-usually lenient in some things-permitted them, and so Mr. Bridewell was fain to hold his peace.
But, although this one game was allowable in the frigate, all kinds of gambling were strictly interdicted, under the penalty of the gangway; nor were cards or dice tolerated in any way whatever. This regulation was indispensable, for, of all human beings, man-of-war's-men are perhaps the most inclined to gambling. The reason must be obvious to any one who reflects upon their condition on shipboard. And gambling-the most mischievous of vices anywhere-in a man-of-war operates still more perniciously than on shore. But quite as often as the law against smuggling spirits is transgressed by the unscrupulous sailors, the statutes against cards and dice are evaded.
Sable night, which, since the beginning of the world, has winked and looked on at so many deeds of iniquity-night is the time usually selected for their operations by man-of-war gamblers. The place pitched upon is generally the berth-deck, where the hammocks are swung, and which is lighted so stintedly as not to disturb the sleeping seamen with any obtruding glare. In so spacious an area the two lanterns swinging from the stanchions diffuse a subdued illumination, like a night-taper in the apartment of some invalid. Owing to their position, also, these lanterns are far from shedding an impartial light, however dim, but fling long angular rays here and there, like burglar's dark-lanterns in the fifty-acre vaults of the West India Docks on the Thames.
It may well be imagined, therefore, how well adapted is this mysterious and subterranean Hall of Eblis to the clandestine proceedings of gamblers, especially as the hammocks not only hang thickly, but many of them swing very low, within two feet of the floor, thus forming innumerable little canvas glens, grottoes, nooks, corners, and crannies, where a good deal of wickedness may be practiced by the wary with considerable impunity.
Now the master-at-arms, assisted by his mates, the ship's corporals, reigns supreme in these bowels of the ship. Throughout the night these policemen relieve each other at standing guard over the premises; and, except when the watches are called, they sit in the midst of a profound silence, only invaded by trumpeters' snores, or the ramblings of some old sheet-anchor-man in his sleep.
The two ship's corporals went among the sailors by the names of Leggs and Pounce; Pounce had been a policeman, it was said, in Liverpool; Leggs, a turnkey attached to "The Tombs" in New York. Hence their education eminently fitted them for their stations; and Bland, the master-at-arms, ravished with their dexterity in prying out offenders, used to call them his two right hands.
When man-of-war's-men desire to gamble, they appoint the hour, and select some certain corner, in some certain shadow, behind some certain hammock. They then contribute a small sum toward a joint fund, to be invested in a bribe for some argus-eyed shipmate, who shall play the part of a spy upon the master-at- arms and corporals while the gaming is in progress. In nine cases out of ten these arrangements are so cunning and comprehensive, that the gamblers, eluding all vigilance, conclude their game unmolested. But now and then, seduced into unwariness, or perhaps, from parsimony, being unwilling to employ the services of a spy, they are suddenly lighted upon by the constables, remorselessly collared, and dragged into the brig there to await a dozen lashes in the morning.