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? Ay, 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