o this day the question of their complete
guilt is socially discussed.

How shall we characterise such a deed? Says Black-stone, "If any one
that hath commission of martial authority doth, in time of peace, hang,
or otherwise execute any man by colour of martial law, this is murder;
for it is against Magna Charta."* [* Commentaries, b. i., c. xiii.]

Magna Charta! We moderns, who may be landsmen, may justly boast of
civil immunities not possessed by our forefathers; but our remoter
forefathers who happened to be mariners may straighten themselves even
in their ashes to think that their lawgivers were wiser and more humane
in their generation than our lawgivers in ours. Compare the sea-laws of
our Navy with the Roman and Rhodian ocean ordinances; compare them with
the "Consulate of the Sea;" compare them with the Laws of the Hanse
Towns; compare them with the ancient Wisbury laws. In the last we find
that they were ocean democrats in those days. "If he strikes, he ought
to receive blow for blow." Thus speak out the Wisbury laws concerning a
Gothland sea-captain.

In final reference to all that has been said in previous chapters
touching the severity and unusualness of the laws of the American Navy,
and the large authority vested in its commanding officers, be it here
observed, that White-Jacket is not unaware of the fact, that the
responsibility of an officer commanding at sea--whether in the merchant
service or the national marine--is unparalleled by that of any other
relation in which man may stand to man. Nor is he unmindful that both
wisdom and humanity dictate that, from the peculiarity of his position,
a sea-officer in command should be clothed with a degree of authority
and discretion inadmissible in any master ashore. But, at the same
time, these principles--recognised by all writers on maritime law--have
undoubtedly furnished warrant for clothing modern sea-commanders and
naval courts-martial with powers which exceed the due limits of reason
and necessity. Nor is this the only instance where right and salutary
principles, in themselves almost self-evident and infallible, have been
advanced in justification of things, which in themselves are just as
self-evidently wrong and pernicious.

Be it here, once and for all, understood, that no sentimental and
theoretic love for the common sailor; no romantic belief in that
peculiar noble-heartedness and exaggerated generosity of disposition
fictitiously imputed to hi