The Express.
London, England, 1864-03-16 00:00:00

BRITANNIA.

Tnli EVENIF4 EVIL HANI, AND HONEST HEARTi.
Vests. Hel uulds. enufor.l, Biktwood M. Likln,.—Danciug
►I `trphsu—And THE GUILTY SIOTHLR.
IlrAr.c.,urz and the t onap.thy.—Coraraeace at Salt-pant 6.

MOH WA, LB al' LONDON BROX&
=5 Day mnrntra. 7b. 47m Mtmumm. Sh.2tn.
2..9 mom Slorabm. 9b. am .. Ltascamaa. 912.45 m.

LIANDON, WEDNESDAY, MARCH 16.

Wr. presume that the conduct of Colonel
e.xw inv, the death of Sergeant-Major LILLET and
his wife, and the courts-martial assembled at dhow
and at Aldershott, must now be considered as things
of the past. Throughout the affair the most extra-
vagant pretensions have been put forward by the
Horse-Guards that the only object which they have
had in view has been the punishment of the guilty,
be their rank what it may. In carrying this design
into effect, we are told that the military authori-
ties had recourse to their legal advisers, and that
they implicitly followed their advice. But it is
now apparent that the JUDGE ADVOCATE occupied
a subordinate position. Not only was he never con-
sulted as to the officerawho ought to be prosecuted,
but even after it was determined toprosecute Colonel
I.P.AU LEV the Horse-Guards refused to allow the
Jr LIGE ADVOCATE the assistance which was abso-
lately requisite for the purposes of justice. The
Duke of CAMBRID4IE and Lord DE GREY insisted
that the trial at Alderahott was conducted under
the advice of counsel, and that, therefore, if any
miscarriage occurred, they were not responsible.
It now appears that both the JUDGE ADVOCATE
and his Deputy protested against the absurdity
of requiring a cavalry officer to get up the case
and to conduct the prosecution, and insisted that,
as the prisoner was aided by counsel, the prose-
cuting officer should be allowed similar aid. Of
course it was discovered by the Horse-Guards
that there was no precedent for such a proceeding
—that the officers of the British Army were vehe-
mently opposed to the employment of professional
lawyers for the prosecution. And therefore, al-
though the prisoner was allowed to avail himself
of such assistance, the Horse-Guards would not
permit the JUDGE ADVOCATE to avail himself of
the like assistance. Mr. HEADLAM candidly
admitted the difficulties under which he
laboured, and even Sir James FERGUSSON de-
clared that most unjust attacks had been made
upon the manner in which the Dzerre J VDOL
ADVOCATE had conducted the prosecution. Various
suggestions were made as to the necessity of some
alteration in the procedure of Courts-martial. It
was admitted that there was at present no means
of securing regularity in the trial, that some autho-
rity conversant with the laws of evidence should
be present to advise the Court, and that his de-
cision should be binding. But this is obviously in-
sufficient. The members of the Court—even if
they are still to be military men—should be no
more than a jury. The Legal Assessor, or Presi-
dent, or whatever he may be called, should occupy
the position of a Judge—should control the pro-
ceedings and the rival counsel, should admit or
reject the evidence, should suns up the evidence,
should lay down the law applicable to the facts
proved, and should receive the verdict. In ordinary
criminal trials experience has proved that these
things are absolutely essential. In the trial of
military offences, if justice is to be administered,
a Judge must possess the same powers.
Nor is this all. The Jt. one ADVOCATE, as the
adviser of the Horse-Guards,lshonld occupy a po-
sition as independent, and his liberiy of action
should be as unfettered, as that of the ATTORNEY-
GENERAL. As soon as it has been ascertmued that
a military offence has been committed the .Junes
Aevuoste ought to be allowed to follow his own
course. The legal proceedings ought to be con-
ducted by the legal officers, and the legal officers
alone. As soon as they are pronounced to be
necessary, the military authorities ought to be
considered jr,i,cti officio. The framing of the
charges and the conduct of the trial ought to be
placed in the hands of the leasers alone. But
the country is far from any such consummation.
Those who witnessed the temper of the military
clique in the House of Commons last night will
readily appreciate the truth of this remark. It is
but too obvious that so reasonable a man as
General Peet cannot reconcile himself to the idea
that military officers are to be subject to any ordi-
nary procedure. Indeed, the ex-Secretary of War
seemed disposed to question the right even of the

House of Commons to discuss such a case as that
of the guilt of Colonel Ca►wr.ar. Whilst the
cruelties inflicted upon the three sergeants-major
were scoffed at, because those who had described
them had fallen into some inaccuracies, the
illegality of which some one or other has
been guilty was glossed over or simply ignored.
The commissions held by officers who sit in Parlia-
ment, no doubt, represent a large sum of money.
Nor is it unnatural that they should resent any
attempt to keep them within the bounds of law, or
to impair the value of their property by threatening
them with its forfeiture. But to the mass the public
the fate of thenon-commissioned officer and common

soldiers is even more important than the conve-
nience of purchasers of the higher grades. Equal
jtstioe must be administered to all. It would be
absurd to expect that the cluster of offiosn who sit
on the left hand of the SIKALZI should condescend
to adhere to this principle in practice. The misfor-
tune is that neither the Ministers nor the Bone-
Cuards have dared to rise superior to the interests
and pretensions of a clique. Unquestionably the
Articles of War were grossly violated in the case of
the throe sergeants-major. But as yet no one
has been called to account, and now it is but too
clear that no one will be called to account.

The confirmation of the election of the bishop
elect to the see of Ely is appointed to take place
in the parish church of St. Mary-le-Bow on Satur-
day morning next (the 19th), and the consecration
will, it is expected, take place at Westminster
♦bbey on Later Tuesday, the 29th inst.