re the guides of the
service, and we were all equally bound to obey them."
"Well, but allowing that, I do not think your articles of war will bear
you out. You observe, they say any officer, mariner, etcetera, guilty
of disobedience to any lawful command. Now are you not guilty under
that article?"
"That remains to be argued still," replied Jack. "A lawful command
means an order established by law; now where is that law?--besides, the
captain told me when I kicked that blackguard down the hatchway, that
there was only the captain who could punish, and that officers could not
take the law into their own hands; why then has the master?"
"His doing wrong as superior officer is no reason why you as an inferior
should disobey him. If that were permitted--if every order were to be
cavilled at and argued upon, as just or unjust, there would be an end of
all discipline. Besides, recollect, that in the service there is
custom, which is the same as law."
"That admits of a little argument," replied Jack.
"The service will admit of none, my dear boy: recollect that, even on
shore, we have two laws, that which is written, and the _lex non
scripta_, which is custom; of course we have it in the service, for the
articles of war cannot provide for everything."
"They provide a court-martial for everything though," replied Jack.
"Yes, with death or dismissal from the service--neither of which would
be very agreeable. You have got yourself into a scrape, and although
the captain is evidently your friend, he cannot overlook it:
fortunately, it is with the master, which is of less consequence than
with the other officers; but still, you will have to submit, for the
captain cannot overlook it."
"I'll tell you what, Jolliffe," replied Jack, "my eyes now begin to be
opened to a great many things. The captain tells me, when I am
astonished at bad language, that it is all zeal, and then I found out
that what is all zeal in a superior to an inferior, is insolence when
reversed. He tells me, that the articles of war are made to equally
guide us all--the master breaks what is positively mentioned in the
second article twenty times over, and goes scot free, while I am to be
punished, because I do not comply with what the articles do not mention.
How was I to know that I ought to go to the mast-head for punishment?
particularly when the captain tells me that he alone is to punish in the
ship. If I obey an order in opposition
|