We must not make a scare-crow of the law,
Setting it up to frighten birds of prey;
And let it keep one shape till custom makes it,
Their perch and not their terror.
Shakespeare
The members of a court-martial sit in the double capacity of jurors and
judges; as jurors they find the facts, and as judges they award the
punishment. Yet their session with closed doors was without the solemn
formality that the uninitiated might have supposed to attend a grave
deliberation upon a matter of guilt or innocence involving a question
of life or death.
No sooner were the doors closed that shut out the "vulgar" crowd, than
the "high and mighty" officials immediately fell into easy attitudes,
and disengaged conversation upon the weather, the climate, yesterday's
dinner at General Cushion's quarters, the claret, the cigars and the
Mexican signoritas.
They were presently recalled from this easy chat by the President, a
severe disciplinarian, who reminded them rather sharply of the business
upon which they had convened.
The officers immediately wheeled themselves around in the chairs,
facing the table, and fell into order.
The Judge Advocate seated himself at his detached stand, opened his
book, called the attention of the court, and commenced and read over
the whole record of the evidence and the proceedings up to this time.
The President then said: "For my own part, gentlemen, I think this quite a simple matter,
requiring but little deliberation. Here is the fact of the offence
proved, and here is the law upon that offence clearly defined. Nothing
seems to remain for us to do but to bring in a verdict in accordance
with the law and the fact."
Several of the older officers and sterner disciplinarians agreed with
the President, who now said: "I move that the vote be immediately taken upon this question."
To this, also, the elder officers assented. And the Judge Advocate was
preparing to take the ballot, when one of the younger members arose and
said: "Mr. President and gentlemen, there are mitigating circumstances
attending this offence, which, in my opinion, should be duly weighed
before making up our ballot."
"Lieutenant Lovel, when your hair has grown white in the service of
your country, as mine has, and when your skin is mottled with the scars
of a score of well-fought fields, you will find your soft theories
corrected by hard experience, and you will know that in the case of a
sentinel sleeping upon his post there can be no mitigating
circumstances; that nothing can palliate such flagrant and dangerous
neglect, involving the safety of the whole army; a crime that martial
law and custom have very necessarily made punishable by death," said
the President, sternly.