WILIIAM THE THIRD.

41

manity itself may require them. Who then is to decide whetherthere be an emergency such as makes severity the truest mercy? -Who is to determine whether it be or be not necessary to lay athriving town in ashes, to decimate a large body of mutineers,to shoot a whole gang of banditti? Is the responsibility with thecommanding officer, or with the rank and file whom he ordersto make ready, present and fire? And if the general rule bethat the responsibility is with the commanding officer, and notwith those who obey him, is it possible to find any reason forpronouncing the case of Glencoe an exception to that rule? Itis remarkable that no member of the Scottish Parliament'pro-posed that any of the private men of Argyle’s regiment shouldbe prosecuted for murder. Absolute impunity was granted toevery body below the rank of Serjeant. \'et on what principle?Surely, if military obedience was not a valid plea, every manwho shot a Macdonald on that horrible night w r as a murderer.And, if military obedience xvas a valid plea for the musketeerwho acted by order of Serjeant Barbour, why not for Barbourwho acted by order of Glenlyon? And why not for Glenlyonwho acted by order of Hamilton? It can scarcely be maintainedthat more deference is due from a private to a noncommissionedofficer than from a noncommissioned officer to his captain, orfrom a captain to his colonel.

It may be said that the orders given to Glenlyon v : ere of sopeculiar a nature that, if he had been a man of virtue, he wouldhave thrown up his commission, would have braved the dis-pleasure of colonel, general, and Secretary of State, wouldhave incurred the heaviest penalty which a Court Martial couldinflict, rather than have performed the part assigned to him;and this is perfectly true: but the question is not whether heacted like a virtuous man, but whether he did that for which hecould, without infringing a rule essential to the discipline ofcamps and to the security of nations, be hanged as a murderer.

CRAP.

XXI.

11105 .