God Bless Captain Vere: When Constitutional Duty Yields to Institutional Power
In Herman Melville’s final novella, Billy Budd, a ship’s captain named Edward Vere orders the hanging of a sailor he knows to be morally innocent. Billy Budd struck a superior officer and killed him, but only because he was falsely accused of mutiny and could not speak in his own defense. Vere is not confused about any of this. He tells the drumhead court exactly what he believes: that Billy is innocent in the eyes of God and nature. Then he argues for the death sentence anyway, on the grounds that the Mutiny Act—the law of the British crown—demands it.