United States -- History -- Civil War, 1861-1865 -- Fiction
The aspect of the court-martial was far from reassuring even to men of
worldly experience on broad lines. The impassive, serious, bearded
faces, the military figures in full-dress uniform, the brilliant
insignia of high rank being specially pronounced, for of course no
officer of lower degree than that of the prisoner was permitted to sit,
were ranged on each side of a long table on a low rostrum in a large
room, formerly a fraternity hall, in a commercial building now devoted
to military purposes. The spectacle might well have made the heart
quail. It seemed so expressive of the arbitrary decrees of absolute
force, oblivious of justice, untempered by mercy!
A jury as an engine of the law must needs be considered essentially
imperfect, and subject to many deteriorating influences, only available
as the best device for eliciting fact and appraising crises that the
slow development of human morals has yet presented. But to a peaceful
civilian a jury of ignorant, shock-headed rustics might seem a safe and
reasonable repository of the dearest values of life and reputation in
comparison with this warlike phalanx, combining the functions of both
judge and jury, the very atmosphere of destruction sucked in with every
respiration.
The president, a brevet brigadier-general, at the head of the table, was
of a peculiarly fierce physiognomy, that yet was stony cruel. The
judge-advocate at the foot had the look of laying down the law by main
force. He had a keenly aggressive manner. He was a captain of cavalry,
brusque, alert; he had dark side whiskers and a glancing dark eye, and
was the only man on the rostrum attired in an undress uniform. His
multifarious functions as the official prosecutor for the government,
and also adviser to the court, and yet attorney for the prisoner to a
degree,--by a theory similar to the ancient fiction of English law that
the judge is counsel for the accused,--would seem, in civilian
estimation, to render him "like Cerberus, three gentlemen at once," as
Mrs. Malaprop would say, or a military presentment of Pooh-Bah. The
nominal military accuser, acting in concert with the judge-advocate,
seated at a little distance, was conscious of sustaining an unpopular
_rôle_, and it had tinged his manner with disadvantage. The prisoner
appeared without any restraint, of course, but wearing no sword. The
special values of his presence, his handsome face, his blond hair and
beard that had a glitter not unlike the gold lace of his full-dress
uniform, his fine figure and highbred, reserved manner, were very marked
in his conspicuous position, occupying a chair at a small table on the
right of the judge-advocate. Baynell had a calm dignity and a look of
steady, immovable courage incongruous with his plight, arraigned on so
base a charge, and yet a sort of blighted, wounded dismay, as
unmistakable as a burn, was on his face, that might have moved even one
who had cared naught for him to resentment, to protest for his sake.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account