But though the air was piercing cold, and the water drenched him, John stood still, without a shudder.

The Captain's finger was now lifted, and the first boatswain's-mate advanced, combing out the nine tails of his _cat_ with his hand, and then, sweeping them round his neck, brought them with the whole force of his body upon the mark. Again, and again, and again; and at every blow, higher and higher rose the long, purple bars on the prisoner's back. But he only bowed over his head, and stood still. Meantime, some of the crew whispered among themselves in applause of their ship-mate's nerve; but the greater part were breathlessly silent as the keen scourge hissed through the wintry air, and fell with a cutting, wiry sound upon the mark. One dozen lashes being applied, the man was taken down, and went among the crew with a smile, saying, "D----n me! it's nothing when you're used to it! Who wants to fight?"

The next was Antone, the Portuguese. At every blow he surged from side to side, pouring out a torrent of involuntary blasphemies. Never before had he been heard to curse. When cut down, he went among the men, swearing to have the life of the Captain. Of course, this was unheard by the officers.

Mark, the third prisoner, only cringed and coughed under his punishment. He had some pulmonary complaint. He was off duty for several days after the flogging; but this was partly to be imputed to his extreme mental misery. It was his first scourging, and he felt the insult more than the injury. He became silent and sullen for the rest of the cruise.

The fourth and last was Peter, the mizzen-top lad. He had often boasted that he had never been degraded at the gangway. The day before his cheek had worn its usual red but now no ghost was whiter. As he was being secured to the gratings, and the shudderings and creepings of his dazzlingly white back were revealed, he turned round his head imploringly; but his weeping entreaties and vows of contrition were of no avail. "I would not forgive G.o.d Almighty!" cried the Captain. The fourth boatswain's-mate advanced, and at the first blow, the boy, shouting "_My G.o.d! Oh! my G.o.d!_" writhed and leaped so as to displace the gratings, and scatter the nine tails of the scourge all over his person. At the next blow he howled, leaped, and raged in unendurable torture.

"What are you stopping for, boatswain's-mate?" cried the Captain. "Lay on!" and the whole dozen was applied.

"I don't care what happens to me now!" wept Peter, going among the crew, with blood-shot eyes, as he put on his shirt. "I have been flogged once, and they may do it again, if they will. Let them look for me now!"

"Pipe down!" cried the Captain, and the crew slowly dispersed.

Let us have the charity to believe them--as we do--when some Captains in the Navy say, that the thing of all others most repulsive to them, in the routine of what they consider their duty, is the administration of corporal punishment upon the crew; for, surely, not to feel scarified to the quick at these scenes would argue a man but a beast.

You see a human being, stripped like a slave; scourged worse than a hound. And for what? For things not essentially criminal, but only made so by arbitrary laws.

CHAPTER x.x.xIV.

SOME OF THE EVIL EFFECTS OF FLOGGING.

There are incidental considerations touching this matter of flogging, which exaggerate the evil into a great enormity. Many ill.u.s.trations might be given, but let us be content with a few.

One of the arguments advanced by officers of the Navy in favour of corporal punishment is this: it can be inflicted in a moment; it consumes no valuable time; and when the prisoner's shirt is put on, _that_ is the last of it. Whereas, if another punishment were subst.i.tuted, it would probably occasion a great waste of time and trouble, besides thereby begetting in the sailor an undue idea of his importance.

Absurd, or worse than absurd, as it may appear, all this is true; and if you start from the same premises with these officers, you, must admit that they advance an irresistible argument. But in accordance with this principle, captains in the Navy, to a certain extent, inflict the scourge--which is ever at hand--for nearly all degrees of transgression. In offences not cognisable by a court-martial, little, if any, discrimination is shown. It is of a piece with the penal laws that prevailed in England some sixty years ago, when one hundred and sixty different offences were declared by the statute-book to be capital, and the servant-maid who but pilfered a watch was hung beside the murderer of a family.

It is one of the most common punishments for very trivial offences in the Navy, to "stop" a seaman's _grog_ for a day or a week. And as most seamen so cling to their _grog_, the loss of it is generally deemed by them a very serious penalty. You will sometimes hear them say, "I would rather have my wind _stopped_ than _my grog!_"

But there are some sober seamen that would much rather draw the money for it, instead of the grog itself, as provided by law; but they are too often deterred from this by the thought of receiving a scourging for some inconsiderable offence, as a subst.i.tute for the stopping of their spirits. This is a most serious obstacle to the cause of temperance in the Navy. But, in many cases, even the reluctant drawing of his grog cannot exempt a prudent seaman from ignominy; for besides the formal administering of the "_cat_" at the gangway for petty offences, he is liable to the "colt," or rope's-end, a bit of _ratlin-stuff_, indiscriminately applied--without stripping the victim--at any time, and in any part of the ship, at the merest wink from the Captain. By an express order of that officer, most boatswain's mates carry the "colt" coiled in their hats, in readiness to be administered at a minute's warning upon any offender. This was the custom in the Neversink. And until so recent a period as the administration of President Polk, when the historian Bancroft, Secretary of the Navy, officially interposed, it was an almost universal thing for the officers of the watch, at their own discretion, to inflict chastis.e.m.e.nt upon a sailor, and this, too, in the face of the ordinance restricting the power of flogging solely to Captains and Courts Martial. Nor was it a thing unknown for a Lieutenant, in a sudden outburst of pa.s.sion, perhaps inflamed by brandy, or smarting under the sense of being disliked or hated by the seamen, to order a whole watch of two hundred and fifty men, at dead of night, to undergo the indignity of the "colt."

It is believed that, even at the present day, there are instances of Commanders still violating the law, by delegating the power of the colt to subordinates. At all events, it is certain that, almost to a man, the Lieutenants in the Navy bitterly rail against the officiousness of Bancroft, in so materially abridging their usurped functions by s.n.a.t.c.hing the colt from their hands. At the time, they predicted that this rash and most ill-judged interference of the Secretary would end in the breaking up of all discipline in the Navy. But it has not so proved. These officers _now_ predict that, if the "cat" be abolished, the same unfulfilled prediction would be verified.

Concerning the license with which many captains violate the express laws laid down by Congress for the government of the Navy, a glaring instance may be quoted. For upward of forty years there has been on the American Statute-book a law prohibiting a captain from inflicting, on his own authority, more than twelve lashes at one time. If more are to be given, the sentence must be pa.s.sed by a Court-martial. Yet, for nearly half a century, this law has been frequently, and with almost perfect impunity, set at naught: though of late, through the exertions of Bancroft and others, it has been much better observed than formerly; indeed, at the present day, it is generally respected. Still, while the Neversink was lying in a South American port, on the cruise now written of, the seamen belonging to another American frigate informed us that their captain sometimes inflicted, upon his own authority, eighteen and twenty lashes. It is worth while to state that this frigate was vastly admired by the sh.o.r.e ladies for her wonderfully neat appearance. One of her forecastle-men told me that he had used up three jack-knives (charged to him on the books of the purser) in sc.r.a.ping the belaying-pins and the combings of the hatchways.

It is singular that while the Lieutenants of the watch in American men-of-war so long usurped the power of inflicting corporal punishment with the _colt_, few or no similar abuses were known in the English Navy. And though the captain of an English armed ship is authorised to inflict, at his own discretion, _more_ than a dozen lashes (I think three dozen), yet it is to be doubted whether, upon the whole, there is as much flogging at present in the English Navy as in the American. The chivalric Virginian, John Randolph of Roanoke, declared, in his place in Congress, that on board of the American man-of-war that carried him out Amba.s.sador to Russia he had witnessed more flogging than had taken place on his own plantation of five hundred African slaves in ten years. Certain it is, from what I have personally seen, that the English officers, as a general thing, seem to be less disliked by their crews than the American officers by theirs. The reason probably is, that many of them, from their station in life, have been more accustomed to social command; hence, quarter-deck authority sits more naturally on them. A coa.r.s.e, vulgar man, who happens to rise to high naval rank by the exhibition of talents not incompatible with vulgarity, invariably proves a tyrant to his crew. It is a thing that American men-of-war's-men have often observed, that the Lieutenants from the Southern States, the descendants of the old Virginians, are much less severe, and much more gentle and gentlemanly in command, than the Northern officers, as a cla.s.s.

According to the present laws and usages of the Navy, a seaman, for the most trivial alleged offences, of which he may be entirely innocent, must, without a trial, undergo a penalty the traces whereof he carries to the grave; for to a man-of-war's-man's experienced eye the marks of a naval scourging with the "_cat_" are through life discernible. And with these marks on his back, this image of his Creator must rise at the Last Day. Yet so untouchable is true dignity, that there are cases wherein to be flogged at the gangway is no dishonour; though, to abase and hurl down the last pride of some sailor who has piqued him, be some-times the secret motive, with some malicious officer, in procuring him to be condemned to the lash. But this feeling of the innate dignity remaining untouched, though outwardly the body be scarred for the whole term of the natural life, is one of the hushed things, buried among the holiest privacies of the soul; a thing between a man's G.o.d and himself; and for ever undiscernible by our fellow-men, who account _that_ a degradation which seems so to the corporal eye. But what torments must that seaman undergo who, while his back bleeds at the gangway, bleeds agonized drops of shame from his soul! Are we not justified in immeasurably denouncing this thing? Join hands with me, then; and, in the name of that Being in whose image the flogged sailor is made, let us demand of Legislators, by what right they dare profane what G.o.d himself accounts sacred.

Is it lawful for you to scourge a man that is a Roman? asks the intrepid Apostle, well knowing, as a Roman citizen, that it was not.

And now, eighteen hundred years after, is it lawful for you, my countrymen, to scourge a man that is an American? to scourge him round the world in your frigates?

It is to no purpose that you apologetically appeal to the general depravity of the man-of-war's-man. Depravity in the oppressed is no apology for the oppressor; but rather an additional stigma to him, as being, in a large degree, the effect, and not the cause and justification of oppression.

CHAPTER x.x.xV.

FLOGGING NOT LAWFUL.

It is next to idle, at the present day, merely to denounce an iniquity.

Be ours, then, a different task.

If there are any three things opposed to the genius of the American Const.i.tution, they are these: irresponsibility in a judge, unlimited discretionary authority in an executive, and the union of an irresponsible judge and an unlimited executive in one person.

Yet by virtue of an enactment of Congress, all the Commodores in the American navy are obnoxious to these three charges, so far as concerns the punishment of the sailor for alleged misdemeanors not particularly set forth in the Articles of War.

Here is the enactment in question.

x.x.xII. _Of the Articles of War_.--"All crimes committed by persons belonging to the Navy, which are not specified in the foregoing articles, shall be punished according to the laws and customs in such cases at sea."

This is the article that, above all others, puts the scourge into the hands of the Captain, calls him to no account for its exercise, and furnishes him with an ample warrant for inflictions of cruelty upon the common sailor, hardly credible to landsmen.

By this article the Captain is made a legislator, as well as a judge and an executive. So far as it goes, it absolutely leaves to his discretion to decide what things shall be considered crimes, and what shall be the penalty; whether an accused person has been guilty of actions by him declared to be crimes; and how, when, and where the penalty shall be inflicted.

In the American Navy there is an everlasting suspension of the Habeas Corpus. Upon the bare allegation of misconduct there is no law to restrain the Captain from imprisoning a seaman, and keeping him confined at his pleasure. While I was in the Neversink, the Captain of an American sloop of war, from undoubted motives of personal pique, kept a seaman confined in the brig for upward of a month.

Certainly the necessities of navies warrant a code for their government more stringent than the law that governs the land; but that code should conform to the spirit of the political inst.i.tutions of the country that ordains it. It should not convert into slaves some of the citizens of a nation of free-men. Such objections cannot be urged against the laws of the Russian navy (not essentially different from our own), because the laws of that navy, creating the absolute one-man power in the Captain, and vesting in him the authority to scourge, conform in spirit to the territorial laws of Russia, which is ruled by an autocrat, and whose courts inflict the _knout_ upon the subjects of the land. But with us it is different. Our inst.i.tutions claim to be based upon broad principles of political liberty and equality. Whereas, it would hardly affect one iota the condition on shipboard of an American man-of-war's-man, were he transferred to the Russian navy and made a subject of the Czar.

As a sailor, he shares none of our civil immunities; the law of our soil in no respect accompanies the national floating timbers grown thereon, and to which he clings as his home. For him our Revolution was in vain; to him our Declaration of Independence is a lie.

It is not sufficiently borne in mind, perhaps, that though the naval code comes under the head of the martial law, yet, in time of peace, and in the thousand questions arising between man and man on board ship, this code, to a certain extent, may not improperly be deemed munic.i.p.al. With its crew of 800 or 1,000 men, a three-decker is a city on the sea. But in most of these matters between man and man, the Captain instead of being a magistrate, dispensing what the law promulgates, is an absolute ruler, making and unmaking law as he pleases.

It will be seen that the XXth of the Articles of War provides, that if any person in the Navy negligently perform the duties a.s.signed him, he shall suffer such punishment as a court-martial shall adjudge; but if the offender be a private (common sailor) he may, at the discretion of the Captain, be put in irons or flogged. It is needless to say, that in cases where an officer commits a trivial violation of this law, a court-martial is seldom or never called to sit upon his trial; but in the sailor's case, he is at once condemned to the lash. Thus, one set of sea-citizens is exempted from a law that is hung in terror over others. What would landsmen think, were the State of New York to pa.s.s a law against some offence, affixing a fine as a penalty, and then add to that law a section restricting its penal operation to mechanics and day laborers, exempting all gentlemen with an income of one thousand dollars? Yet thus, in the spirit of its practical operation, even thus, stands a good part of the naval laws wherein naval flogging is involved.

But a law should be "universal," and include in its possible penal operations the very judge himself who gives decisions upon it; nay, the very judge who expounds it. Had Sir William Blackstone violated the laws of England, he would have been brought before the bar over which he had presided, and would there have been tried, with the counsel for the crown reading to him, perhaps, from a copy of his own _Commentaries_. And should he have been found guilty, he would have suffered like the meanest subject, "according to law."

How is it in an American frigate? Let one example suffice. By the Articles of War, and especially by Article I., an American Captain may, and frequently does, inflict a severe and degrading punishment upon a sailor, while he himself is for ever removed from the possibility of undergoing the like disgrace; and, in all probability, from undergoing any punishment whatever, even if guilty of the same thing--contention with his equals, for instance--for which he punishes another. Yet both sailor and captain are American citizens.

Now, in the language of Blackstone, again, there is a law, "coeval with mankind, dictated by G.o.d himself, superior in obligation to any other, and no human laws are of any validity if contrary to this." That law is the Law of Nature; among the three great principles of which Justinian includes "that to every man should be rendered his due." But we have seen that the laws involving flogging in the Navy do _not_ render to every man his due, since in some cases they indirectly exclude the officers from any punishment whatever, and in all cases protect them from the scourge, which is inflicted upon the sailor. Therefore, according to Blackstone and Justinian, those laws have no binding force; and every American man-of-war's-man would be morally justified in resisting the scourge to the uttermost; and, in so resisting, would be religiously justified in what would be judicially styled "the act of mutiny" itself.

If, then, these scourging laws be for any reason necessary, make them binding upon all who of right come under their sway; and let us see an honest Commodore, duly authorised by Congress, condemning to the lash a transgressing Captain by the side of a transgressing sailor. And if the Commodore himself prove a transgressor, let us see one of his brother Commodores take up the lash against _him_, even as the boatswain's mates, the navy executioners, are often called upon to scourge each other.

Or will you say that a navy officer is a man, but that an American-born citizen, whose grandsire may have enn.o.bled him by pouring out his blood at Bunker Hill--will you say that, by entering the service of his country as a common seaman, and standing ready to fight her foes, he thereby loses his manhood at the very time he most a.s.serts it? Will you say that, by so doing, he degrades himself to the liability of the scourge, but if he tarries ash.o.r.e in time of danger, he is safe from that indignity? All our linked states, all four continents of mankind, unite in denouncing such a thought.

We plant the question, then, on the topmost argument of all.

Irrespective of incidental considerations, we a.s.sert that flogging in the navy is opposed to the essential dignity, of man, which no legislator has a right to violate; that it is oppressive, and glaringly unequal in its operations; that it is utterly repugnant to the spirit of our democratic inst.i.tutions; indeed, that it involves a lingering trait of the worst times of a barbarous feudal aristocracy; in a word, we denounce it as religiously, morally, and immutably _wrong_.

No matter, then, what may be the consequences of its abolition; no matter if we have to dismantle our fleets, and our unprotected commerce should fall a prey to the spoiler, the awful admonitions of justice and humanity demand that abolition without procrastination; in a voice that is not to be mistaken, demand that abolition today. It is not a dollar-and-cent question of expediency; it is a matter of _right and wrong_. And if any man can lay his hand on his heart, and solemnly say that this scourging is right, let that man but once feel the lash on his own back, and in his agony you will hear the apostate call the seventh heavens to witness that it is _wrong_. And, in the name of immortal manhood, would to G.o.d that every man who upholds this thing were scourged at the gangway till he recanted.