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.




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