[White Jacket by Herman Melville]@TWC D-Link bookWhite Jacket CHAPTER XXXV 3/5
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 municipal.
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 assigned 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.
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