even after the lapse of a hundred and sixty years, emotions which make it difficult to reason calmly. Yet whoever can bring himself to look at the conduct of these men with judicial impartiality will probably be of opinion that they could not, without great detriment to the commonwealth, have been treated as assassins. They had slain nobody whom they had not been positively directed by their commanding officer to slay. That subordination without which an army is the worst of all rabbles would be at an end, if every soldier were to be held answerable for the justice of every order in obedience to which he pulls his trigger. The case of Glencoe was, doubtless, an extreme case; but it cannot easily be distinguished in principle from cases which, in war, are of ordinary occurrence. Very terrible military executions are sometimes indispensable. Humanity itself may require them. Who then is to decide whether there be an emergency such as makes severity the truest mercy? Who is to determine whether it be or be not necessary to lay a thriving town in ashes, to decimate a large body of mutineers, to shoot a whole gang of banditti? Is the responsibility with the commanding officer, or with the rank and file whom he orders to make ready, present and fire? And if the general rule be that the responsibility is with the commanding officer, and not with those who obey him, is it possible to find any reason for pronouncing the case of Glencoe an exception to that rule? It is remarkable that no member of the Scottish Parliament proposed that any of the private men of Argyle's regiment should be prosecuted for murder. Absolute impunity was granted to everybody below the rank of Serjeant. Yet on what principle? Surely, if military obedience was not a valid plea, every man who shot a Macdonald on that horrible night was a murderer. And, if military obedience was a valid plea for the musketeer who acted by order of Serjeant Barbour, why not for Barbour who acted by order of Glenlyon? And why not for Glenlyon who acted by order of Hamilton? It can scarcely be maintained that more deference is due from a private to a noncommissioned officer than from a noncommissioned officer to his captain, or from a captain to his colonel.
