Herman Melville

Herman Melville

Summary

Portrait of Herman Melville Herman Melville White-Jacket — Chapter LXXII (1850)

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
Source: Wikisource

Portrait of Herman Melville Herman Melville White-Jacket — Chapter LXXII (1850)

Yet that a man should be tried by his peers is the fundamental principle of all civilised jurisprudence. And not only tried by his peers, but his peers must be unanimous to render a verdict; whereas, in a court-martial, the concurrence of a majority of conventional and social superiors is all that is requisite.
In the English Navy, it is said, they had a law which authorised the sailor to appeal, if he chose, from the decision of the Captain--even in a comparatively trivial case--to the higher tribunal of a court-martial.
Source: Wikisource

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