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 circumstances, 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
circumstances 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.
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