"'This money for the coats does not come out of your pocket,' said the General, blandly. 'Why need you concern yourself about it?'

"'It comes out of the pockets of my men, General,' said the Colonel, 'and I consider it my duty to concern myself sufficiently to prevent imposition upon them.'

"'Tut,' said the General. 'You wouldn't hear a Regular officer say that.'

"'The greater shame for them,' said the Colonel. 'My men are my neighbors and friends. They look to me to protect their interests. As a general thing the Regulars are recruited from the purlieus of great cities, and are men of no character.'

"'Colonel,' said the General, sternly, 'listen to this definition of 'Mutiny,' and then, as you are a lawyer, think of your present position.'

"The Colonel heard it read and replied that 'it had nothing whatever to do with the case, as there was no mutiny, nor even an approach to it.'

Considering the time of day, the General, so far, had been unusually cool, but he could keep in no longer.

"'Colonel,' said he, in a loud, angry tone, as he advanced towards him, 'by G--d, sir, you are mutinous, sir!'

"'General,' replied the Colonel, coolly, and looking him full in the eye, 'with all due deference to your superior rank, permit me to say, that if you say I am guilty of mutiny you overstep the bounds of truth.'

"The Colonel's confident manner rather staggered the General, and he turned to the Adjutant, who has been his runner throughout this matter, and called upon him to substantiate his a.s.sertion; which he did.

"With the remark that he would not dare to make such false a.s.sertions away from the General's head-quarters, the Colonel turned upon him indignantly, and the General called for the Provost Guard to conduct him to the Sibley. Now I tell you, fellows," continued the Captain, "the General will make nothing out of this matter."

"He has his malice gratified by the present punishment he is subjecting them to, as if fearful that they might come unharmed from a Court-martial. But I don't believe that he will be able to get the Regiment into dress coats," remarked the Adjutant.

The Adjutant was right. The Regiment did not get into dress coats; although its Colonel and Lieutenant-Colonel slipped into strait-jackets.

CHAPTER XVIII.

_Dress Coats versus Blouses--Military Law--Bill the Cook--Courts-Martial--Important Decision in Military Law--'A Man with Two Blouses on' can be compelled to put a Dress Coat on top--A Colored French Cook and a Beefy-browed Judge-Advocate--The Mud March--No Pigeon-holing on a Whiskey Scent--Old Joe in Command--Dissolution of Partnership between the Dutch Doctor and Chaplain._

Necessity knows no law. Military law springs from the necessity of the case, and may be said, therefore, to be equivalent to no law. However plausible the principles embodied in the compact periods of Benet and De Hart may appear, in actual practice they dwindle to little else than the will of the officer who details the court. General Officers, tried at easy intervals, before pains-taking courts, in large cities, may have opportunity for equal and exact justice; but Heaven help their inferiors who have their cases put through at lightning speed, before a court under marching orders, and expecting momentarily to move.

The Act of Congress, with a wise prescience of the jealousies and bickerings always arising between Regulars and Volunteers, provides that Regulars shall be tried by Regular, and Volunteers by Volunteer Officers. In practice, the spirit of the law is evaded by the subterfuge, that a Regular Officer, temporarily in command of Volunteers, is _pro tempore_ a Volunteer Officer. In the Mexican War, where the number of Volunteer Officers was comparatively small, there may have been a necessity for this. With our present immense Volunteer force there can be none whatever; and the practice is the more inexcusable, when we consider the great amount of legal as well as military ability among the officers of this force. The gross injustice of this violation of the act, must be apparent to any one upon a moment's reflection. Officers, whose only offence may be their belonging to the Volunteer Service, are too frequently subjected to the tender mercy of a Board of Martinets;--men of long service and tried ability, degraded by the fiat of a court composed of officers as tender in intellect as in years, and whose only recommendation to be members of the court, is their recent transfer from lessons in gunnery and drills;--with patent leather knapsacks, to field or higher positions in the Volunteer Service. Thus, the officer whose earnestness in the cause and heavy sacrifice of family ties and business affairs, first raised the command,--who grew with its growth during months, perhaps years, of hard service,--saw through his untiring efforts the awkwardness of his men change gradually for the precision of the veteran,--not unfrequently by the snap judgment of men whose only service has been in Pay, Quarter-Master, Commissary Departments,--anywhere but in a Fighting Department,--finds himself dishonored, his service thrown aside for naught, and his worst enemy the misuse of the laws he had taken arms to vindicate.

Not an officer or soldier but must recollect a case in point. Now, this mainly arises from the undue and unjust deference paid by the War Department to Regular Officers, and the curse that attends them and upholds them--Red Tape. _Undue and unjust deference._ Does not the history of the Army of the Potomac prove it? Its heroic fighting, but ill-starred generalship!

"Halloo, Bill! what news from the Sibley?" shouted one of a group of officers who sat and lay upon the ground, cheerfully discussing hard tack and coffee in the camp of a grand picket reserve, near the Rappahannock. The man addressed would, in build, have made a good recruit for the armies of New Amsterdam in their warfare against the Swedes, so graphically described by Irving. Short and thickly set, with a face radiant as a bra.s.s kettle in a preserving season, trousers thrust in a pair of cast-away top boots, the legs of which fell in ungainly folds about his ankles, a greasy blouse, tucked in at the waist-band, and a cap ripped behind in the vain effort to accommodate it to a head of Websterian dimensions. With all his shortcomings, and they were legion, Bill's education, unfailing humor and kindness of heart made him a favorite at regimental Head-quarters, where he had long been employed as an attendant. When the sickness of the Lieutenant-Colonel grew serious in the Sibley, Bill took his post by the side of his blankets, and in well-meaning attention made up what he lacked in tenderness as a nurse.

"Nothing new since the trial," drawled out Bill, seating himself meanwhile, and mopping with his coat sleeve the perspiration that stood in beads upon his forehead.

"Since the trial!" echoed the officer. "Why, they have not had notice yet, and the General said he would give them ample opportunity for preparation for trial."

"So he did," continued Bill. "They were put into the Sibley on Monday night, and on Thursday night following, about half-past ten, when it was raining in torrents, and storming so that the guards and myself could scarcely keep the old tent up, that sucker-mouthed Aid of old Pigey's popped his head inside the flaps and handed the Colonel and Lieut.-Colonel each a letter. Both letters went on to say, that their trial would take place the next day, at ten o'clock, at Pigey's Head-quarters, and that each letter contained a copy of the charges and specifications, and that, in the meanwhile, they could prepare for trial, provide counsel, and so forth. The best part of two sheets of large-sized letter paper was filled with the charges against each, all in Pigey's hand-writing.

"'Disrespectful language towards the General Commanding Division;'

'Conduct tending to Mutiny;' 'Disobedience of Orders;' and 'Violation of at least half a dozen different articles of war.'

"The ink was green yet, as if it had all been done after three o'clock.

The Lieutenant-Colonel, you know, told that wharf rat of an Adjutant before the General, that he would not dare to make such mis-statements away from Division Head-quarters. Well, on the strength of that, he had him charged with sending a challenge to fight a duel, and telling his superior officer that he lied. Lord! when I heard them read, I thought they ought to be thankful that one of the darkies about Division Head-quarters hadn't died in the meanwhile, or there would have been a charge of murder. It might just as well, at any rate, have been murder as mutiny, that we all know. Time for trial!--lots of time! Just the time to hunt a lawyer, consult law books, and drum up testimony."

"Timed purposely, of course," broke in the officer, indignantly, "and the Court, no doubt, packed to suit. But," his face brightening, "there is an appeal to Father Abraham."

"It is all very well to talk about Father Abraham," continued Bill, in the same drawling tone; "but if you have to hunt up Honest Old Abe through the regular military channels, as they say you have to, he'll seem about as far off as the first old Father Abraham did to that rich old c.o.c.key that had a big dry on in a hot place."

"Bill," said the officer, as he saw the crowd inclined to laugh at the remark, "this is by far too serious a matter to jest about. Here are two men of character and position, devoted to the cause body and soul, completely at the mercy of an officer whose conduct is a reproach to his command, and who is malicious alike in deeds and words."

"Especially the latter," interrupted Bill, more hurriedly than before.

"The Colonel says he was chief witness, and swore the charges right straight through, without wincing. The Judge Advocate, they said, was a right clever gentlemanly fellow, but ignorant of law, and completely at the disposal of the General. I saw him several times when I was pa.s.sing backwards and forwards, and he looked to me as if the beef was a little too thick on the outside of his forehead, for the brains to be active inside. Still, the Colonels have no fault to find with him, except that between times he would talk about drinking to Little Mac, and brag about the prospect, as the papers seem to say, of Fitz John Porter's being cleared. But then most of the Court did as much at that as he did. He did his duty in the trial, I guess, as well as his knowledge and old Pigey's will would allow."

"Well, Bill, give us some particulars of the trials, if you know them,"

suggested an officer of a neighboring regiment--the party during the conversation being increased by additions of officers and privates.

"I only know what I saw pa.s.sing back and forth, and what I heard from the Colonels themselves. They wouldn't allow any one to go within three yards of the tent in which they held Court; but I'll give you what I have, although to do it I must go back a little:--Before it was light on the day of trial the Major posted off to our Corps Commander with an application for a continuance, on the ground of want of time for preparation. About daylight the General came out, rubbing his eyes, wanting to know who that early bird was?

"'Playing Orderly, sir,' said he, as his eye lit upon the letter in the Major's hand. 'Fine occupation for a man of six feet two, with a Major's straps upon his shoulders.'

"The Major wilted till he felt about two feet six, but mustered presence of mind sufficient to tell the General his errand, and how his personal solicitude had prompted him to perform it himself. The General heard him kindly; stated that he had no doubt but that the Court would act favorably upon the application, and that it should be referred to them.

The Court, when it met, acted favorably, so far as to give the Colonel, who was tried first, fifteen minutes to hunt a lawyer. But they wouldn't let the Lieut.-Colonel act, as he was a party, and several others were excluded on the ground of being witnesses, although they took good care not to call them. Both pleaded guilty to the 'simple disobedience of orders,' and the Court was ashamed to try them upon anything besides but the 'disrespectful conduct;' in regard to which old Pigey's a.s.sertions were taken, instead of the circ.u.mstances being proved. The Colonel was too indignant at the treatment to set up any defence, but the Lieutenant-Colonel cross-examined old Pigey until his testimony looked like a box of fish-bait. The General swore that he had given him 'the lie,' but upon being questioned by the Colonel, stated that 'he did not believe the Colonel intended to call his personal veracity into question.' In the same manner he had to explain away that duelling charge. At last he got so confused that he would ram wood into the stove to gain time, bite the ends of his moustache, play with the rim of his hat, and when cornered as to the Lieutenant-Colonel's character as an officer, to relieve himself, stated;--that he must say that the Colonel had hitherto obeyed every order with cheerfulness, prompt.i.tude, great zeal and intelligence, and that his intercourse with the Commanding General had been marked by great courtesy at all times."

"The Colonel also stated further, that he had testimony to contradict that Adjutant, or Wharf-Rat, as you know him best by. He had told me before the trial to tell that young law student, Tom, a private of Co.

C, who heard the conversation that the Adjutant had testified to, to be within calling distance during the trial, with his belt on, hair combed, and looking as neat as possible. Well, in Tom came, his face and eyes swelled up from a bad cold, a stocking that had been a stranger to soap and water for one long march at least, tied about his neck to cure a sore throat, his belt on properly, but his blouse pockets stuffed out beyond it with six months' correspondence, and his matted and bleached head of hair, through the vain effort to comb it, resembling the heads of Feejee Islanders, in Sunday-school books. A smile played around the lips of the gentlemanly old Ma.s.sachusetts Colonel, who presided over the Court, as he surveyed him upon entering, and a t.i.tter ran around the Board, especially among some of the young West-Pointers. The Colonel's face colored, and the Judge Advocate's eyes glowed as if he had a soft block. But Tom was a singed cat; he always was a slovenly fellow, you know, and he turned out to be a file for the viper.

"'Colonel,' said the Judge Advocate haughtily, 'have you any officers who are prepared to vouch for the character and credibility of this witness, as I see he is but a private?'

"'Yes, sir, if the Court please,' retorted the Colonel indignantly,--then remembering how this same Judge Advocate had upon former occasions affected to despise privates, he added: 'His character and credibility are quite as good as those of half the shoulder-strapped gentry of the Corps.'

"'Colonel,' said the President, blandly, 'there is an old rule requiring privates to be vouched for, rarely insisted upon, at this day, however,'

casting, as he said this, a half reproachful look upon the Judge Advocate; 'but we desire you to understand that your word is as good as that of any officer before this Court.'

"The Colonel vouched for him, and Tom was examined, and contradicted still further than his own cross-examination had done, the statement of the Adjutant, besides snubbing the Judge Advocate handsomely. A string of witnesses, from our Brigadier down to all the line officers of the command, was then offered to prove character, but the Court very formally told the Colonel that a superior officer, the Commanding General of the Division, had already testified to this, and that this rendered the testimony of officers inferior in rank quite superfluous.

So you see from this and Tom's case, Justice don't go it blind in Courts-Martial, but keeps one eye open to see whether the witness has shoulder-straps on or not."

"But, Bill," inquired a lawyer in the crowd, "did not the Colonel offer to prove that the Regiment was amply supplied with clothing, and that the order was unreasonable, and that it was not therefore a lawful order, as the law is supposed to be founded upon reason?"

"Oh, yes, both did; but the Lieutenant-Colonel was told by the President, that if General Burnside were to order the President to make a requisition in dog-days for old Spartan metal helmets for his Regiment, he would make the requisition.

"Said the Colonel, 'the President of the United States is by the Regulations empowered to prescribe the uniform.'

"'That,' said the President, 'General Burnside must judge of. I must execute the order, however unreasonable it may seem, first, and question it afterwards.'

"'Suppose the General would order you to black his boots; or,' said the Colonel, thinking that a little too strongly put; 'suppose that you were second in command of a battery lying near a peaceful and loyal town, and your superior, drunk or otherwise, would order you to sh.e.l.l it, would you obey the order, and question it after having murdered half the women and children of the place?' To which questions, however, the Court gave the go-by, remarking simply, that they did not suppose that the Colonel had any criminal intentions in disobeying the order. So, really, it is narrowed down to the disobedience of, to say the least, a most uncalled for order."

"And faithful, well intentioned officers are, for what is at most but an honest blunder, treated like felons," said one.

"From their lively and confident manner," said Bill, "I believe that they have a.s.surances from Washington that all will be right. There is no telling how long the Lieutenant-Colonel will last under this confinement, however. He has failed greatly, and although so weak as to be unable to walk alone, the General insists upon the guards being upon either side whenever he has occasion to leave the tent. Even the sinks were dug at over one hundred yards distance from the Sibley. And the tent itself is located in such a manner that old Pigey can at all times have his vengeance gratified by a full view of it, the three guards about it, and my a.s.sisting the Lieutenant-Colonel from time to time. But the guards esteem, and we all esteem the officers inside the Sibley more than the General, who abuses his power in his marquee. Letters and newspapers come crawling under the canvas. Roast partridges, squirrels, apples, and delicacies that officers and men deny themselves of, find their way inside, and while my name is Bill Gladdon they shan't suffer through any lack upon my part, and I know that this is the opinion of all of us."