Crossing the Pedregal
P A R T II
Lemuel Shawâs Meditation
âWhoâs to doom, when the judge himself is dragged
to the bar?â (Melvilleâs Ahab)
Boston, January 1861
Through this sad winter as our crisis deepens,
And war so long resisted now seems certain,
When I, more ill than old, have given up
At last the Commonwealthâs chief-justiceship,
I have gone back in mindânot reminiscent
But searchingâremembering what was said and done
For better or for worse by men like me,
Who, mindful of the welfare of the whole,
Have sought to keep the Union from disaster,
Believingâwhether we prove wrong or rightâ
That its survival is manâs dearest hope;
Remembering also what was said and done
By other men, who were, I felt, too partial
To special causes, private moralities.
Yet it is he I most remember now,
My son-in-law, a poet in his soul,
Though our prose age rewards the pleasant tale,
The South Sea narrative, or boyâs adventure,
Most volatile of men and yet most earnest,
Who listened, quiet, to my recondite,
Because so rarely spoken, considerations.
Twelve years ago he came and we discussed
What then preoccupied all thinking men,
Which we had touched on only casually
At earlier meetings, discreetly, as men did
Who feared the fear the topic slavery
Aroused and still arouses; though now, long past
The needs of politesse, all speak of war.
Led by some words of mine about the case,
Seven years earlier, of Latimer,
Which was my first concerning a fugitive,
He asked me in his candid, eager way:
âI wonder, sir, how you, having the power,
Knowing the scourge you would return him to,
Could not find means, legal or otherwise,
To let him stay on Massachusetts soil,
A man like others, standing in the sun?â
Quick to respond to his frank earnestness,
I answered by recalling his own youth:
âTo see the case as I saw Latimerâs,
Posit a legal case that might be drawn
From your experience, your years at sea,
Your time aboard a U.S. Navy ship.
For states, you know, and nations are like ships;
In stress their laws resemble those of ships.
Suppose a British sailor in time of war
During the years the British fought the French,
Was forcedâimpressedâinto the Royal Navy,
And he, though loyal, unresentful, were
Trapped by the malice of a lesser man,
Accused of stirring mutiny; and he
Struck out and killed the man, an officer,
Defensive of his honorâmurder not meant.
Say, then, the Captain, caught by circumstance,
Was called to judge, knowing the sailorâs aim
Neither rebellious nor homicidal,
But manly in its self-defensive posture,
Seeing the inward honesty and pride
(Sharing, perhaps, that honesty and pride)
Reasoned that he must take the penalty
Which naval law prescribes in time of war,
More needed, even, in time of mutinous
And unpredictable unrest at sea.
Suppose his reasoning was that equityâ
The means our human law allows sometimes
For its adjustment to the special case,
Or for appeal to timeless principles,
Granting a precedence to natural lawâ
Could not apply, when what was here at stake
Was ship and crew, the fleet, perhaps the nationâ
Beyond the nation, values that it stood for
Against the French Directoryâs tyranny.
Suppose he saw, but could not change the case:
Conflict of rights, ancient as human law,
The individualâs claim to justice locked
In mortal strife with welfare of the whole.
Evil begets itself and traps the good,
Forcing the lesserâs sacrifice to greater.
âSo I, aware of our shipâs tenuous union,
Our federation on one fragile keel
(Because still weak the bonds between the statesâ
Weak through injustice to the African)
Yet loyal to the Unionâs hopes, its vision,
Its possibilities, in time, for all,
I reasoned (and all we have against our fate
Is reasonâs ranging gaze) that my response
Must take account of welfare of the whole,
Holding in mind its destined hope for all,
For him, his children, and his childrenâs childrenâ
Must for the Unionâs sake deny his plea.
For if the Union fail because the South
Could not depend on Northern loyalty
To oaths and laws, made at our sacred union,
Then there fail also all our hopes for freedomâ
Freedom, I mean, for all, when time might alter
The Europeansâ fear of Africans.
And if the...