Capitola the Madcap Part 44

"Major Greyson plays with us," said the President.

"By no means, sir! I never was in more solemn earnest than at present!

Your honor, the President and gentlemen judges of the court, as I am not counsel for the prisoner, nor civil officer, nor lawyer, of whose interference courts-martial are proverbially jealous, I beg you will permit me to say a few words in support, or at least, I will say, in explanation of the vote which you have characterized as an opinion in opposition to fact and law, and unprecedented in the whole history of courts-martial."

"Yes, it is! it is!" said General W., s.h.i.+fting uneasily in his seat.

"You heard the defense of the prisoner," continued Herbert; "you heard the narrative of his wrongs and sufferings, to the truth of which his every aspect bore testimony. I will not here express a judgment as to the motives that prompted his superior officers, I will merely advert to the facts themselves, in order to prove that the prisoner, under the circ.u.mstances, could not, with his human power, have done otherwise than he did."

"Sir, if the prisoner considered himself wronged by his captain, which is very doubtful, he could have appealed to the Colonel of his Regiment!"

"Sir, the Articles of War accord him that privilege. But is it ever taken advantage of? Is there a case on record where a private soldier ventures to make a dangerous enemy of his immediate superior by complaining of his Captain to his Colonel? Nor in this case would it have been of the least use, inasmuch as this soldier had well-founded reasons for believing the Colonel of his regiment his personal enemy, and the Captain as the instrument of this enmity."

"And you, Major Greyson, do you coincide in the opinion of the prisoner? Do you think that there could have been anything in common between the Colonel of the regiment and the poor private in the ranks, to explain such an equalizing sentiment as enmity?" inquired Captain O'Donnelly.

"I answer distinctly, yes, sir! In the first place, this poor private is a young gentleman of birth and education, the heir of one of the most important estates in Virginia, and the betrothed of one of the most lovely girls in the world. In both these capacities he has stood in the way of Colonel Le Noir, standing between him and the estate on the one hand, and between him and the young lady on the other. He has disappointed Le Noir both in love and ambition. And he has thereby made an enemy of the man who has, besides, the nearest interest in his destruction. Gentlemen, what I say now in the absence of Colonel Le Noir, I am prepared to repeat in his presence, and maintain at the proper time and place."

"But how came this young gentleman of birth and expectations to be found in the ranks?" inquired Captain Rosencrantz.

"How came we to have headstrong sons of wealthy parents, fast young men of fortune, and runaway students from the universities and colleges of the United States in our ranks? In a burst of boyish impatience the youth enlisted. Destiny gave him as the Colonel of his regiment his mortal enemy. Colonel Le Noir found in Captain Zuten a ready instrument for his malignity. And between them both they have done all that could possibly be effected to defeat the good fortune and insure the destruction of Traverse Rocke. And I repeat, gentlemen, that what I feel constrained to affirm here in the absence of those officers, I shall a.s.suredly rea.s.sert and maintain in their presence, upon the proper occasion. In fact I shall bring formal charges against Colonel Le Noir and Captain Zuten, of conduct unworthy of officers and gentlemen!"

"But it seems to me that this is not directly to the point at issue,"

said Captain Kingsley.

"On the contrary, sir, it is the point, the whole point, and only point, as you shall presently see by attending to the facts that I shall recall to your memory. You and all present must, then, see that there was a deliberate purpose to effect the ruin of this young man. He is accused of having been found sleeping on his post, the penalty of which, in time of war, is death. Now listen to the history of the days that preceded his fault, and tell me if human nature could have withstood the trial?"

"Sunday night was the last of repose to the prisoner until Friday morning, when he was found asleep on his post."

"Monday night he was sent with the reconnoitering party to Casa-de-Mata."

"Tuesday he was sent with the officer that carried our General's expostulation to Santa Anna. At night he was put on guard."

"Wednesday he was sent with another party to protect a band of emigrants crossing the marshes. At night he was sent with still another party to reconnoiter Molina-del-Rey."

"Thursday he was sent in attendance upon the officer that carried despatches to General Quitman, and did not return until after midnight, when, thoroughly worn out, driven indeed to the extreme degree of mortal endurance, he was again on a sultry, oppressive night, in a still, solitary place, set on guard where a few hours later he was found asleep upon his post--by whom? The Colonel of his regiment and the Captain of his company, who seemed bent upon his ruin--as I hold myself bound to establish before another court-martial."

"This result had been intended from the first! If five nights' loss of sleep would not have effected this, fifteen probably would; if fifteen would not, thirty would; or if thirty wouldn't sixty would!--and all this Captain Zuten had the power to enforce until his doomed victim should fall into the hands of the provost-marshal, and into the arms of death!"

"And now, gentlemen, in view of all these circ.u.mstances, I ask you--was Traverse Rocke guilty of wilful neglect of duty in dropping asleep on his post? And I move for a reconsideration, and a new ballot!"

"Such a thing is without precedent, sir! These mitigating circ.u.mstances may be brought to bear on the Commander-in-Chief, and may be embodied in a recommendation to mercy! They should have no weight in the finding of the verdict," said the President, "which should be in accordance with the fact and the law."

"And with justice and humanity! to find a verdict against this young man would be to place an unmerited brand upon his spotless name, that no after clemency of the Executive could wipe out! Gentlemen, will you do this! No! I am sure that you will not! And again I move for a new ballot!"

"I second the motion!" said Lieutenant Lovel, rising quite encouraged to believe in his own first instincts, which had been so favorable.

"Gentlemen," said the President sternly, "this thing is without precedent! In all the annals of courts-martial, without precedent!"

"Then, if there is no such precedent, it is quite time that such a one were established, so that the iron car of literal law should not always roll over and crush justice! Gentlemen, shall we have a new ballot?"

"Yes! yes! yes!" were the answers.

"It is irregular! It is illegal! It is unprecedented! A new ballot?

Never heard of such a thing in forty years of military life! Lord bless my soul, what is the service coming to!"

"A new ballot! a new ballot! a new ballot!" was the unanimous cry.

The President groaned in spirit, and recorded a vow never to forgive Herbert Greyson for this departure from routine.

The new ballot demanded by acclamation had to be held.

The Judge Advocate called the court to order and began anew. The votes were taken as before, commencing with the young lieutenant, who now responded sonorously:

"Not guilty!"

And so it ran around the entire circle.

"Not guilty!" "Not guilty!" "Not guilty!" were the hearty responses of the court.

The acquittal was unanimous. The verdict was recorded.

The doors were then thrown open to the public, and the prisoner called in and publicly discharged from custody.

The court then adjourned.

Traverse Rocke threw himself upon the bosom of his friend, exclaiming in a broken voice:

"I cannot sufficiently thank you! My dear mother and Clara will do that!"

"Nonsense!" said Herbett laughing; "didn't I tell you that the Lord reigns, and the devil is a fool? This is only the beginning of victories!"

CHAPTER XXIV.

THE END OF THE WAR

Now are our brows bound with victorious wreaths, Our bruised arms hung up for monuments; Our stern alarums changed to merry meetings, Our dreadful marches to delightful measures.

Grim-visaged war hath smoothed his wrinkled front, And now instead of mounting barbed steeds, To fright the souls of fearful adversaries, He capers nimbly in a lady's chamber, To the lascivious pleasing of a lute.

--SHAKESPEARE.

Ten days later Molina-del-Rey, Casa-de-Mata, and Chapultepec had fallen! The United States forces occupied the city of Mexico, General Scott was in the Grand Plaza, and the American standard waved above the capital of the Montezumas!

Let those who have a taste for swords and muskets, drums and trumpets, blood and fire, describe the desperate battles and splendid victories that led to this final magnificent triumph!

My business lies with the persons of our story, to ill.u.s.trate whom I must pick out a few isolated instances of heroism in this glorious campaign.