The Express.
London, England, 1867-04-10 00:00:00

LATEST INTELLIGENCE.

TITRKE'Y.

The Levant Herald of the Ist says :—" Omer
Paths arrived on Saturday from Varna, and
will leave in a few days for Volo to take com-
mand of the troops concentrated in Thee:lay and
Epirus. The corps thus put under the special
orders of the Sirdar Ekrem will be reinforced by
a division withdrawn for that purpose from
the army of the Danube. A portion of these troops
have already arrived by the Poursoud and the
Peiki-Chdrif, of the Fivaidi-Osmani4 Company.
Detachments of Miffs are also beginning to come
in front Anatolia and Roumelia, and the Seraskeriat
is at the same time busilyengaged inprovidingtents
and other necessaries for the equipment of these
troops.,•

(REUTER'S TELEGRAMS.)

ENGLAND AND SPAIN.-THE TORNADO
QUESTION.
MADRID, APRIL 10.
-

General Calonge, Minister for Foreign Affairs, in
reply to a question addressed to him in the Senate
yesterday evening relative to the Tornado case,
stated that the government would cause the rights
of the nation and the decision of the Spanish
tribunals to be respected.

INDIA.
(Vl4 Trieste.)
BOMBAY, ItAso' 20.

Telegraph communication with England has been
interrupted since the departure of the last mail
owing to dations between Mosul and Bagdad.
The new Governor of Bombay is expected to
visit Sind early in April. The negotiations for
the amalgamation of the Banks of Bengal and
Bombay are progressing. The Bank of Madras has
also been invited to join in the scheme with the
view of forming a State Bank for the whole of
India, which it is proposed to name the Central
Bank of India.

A telegram from Calcutta says that the Bengal
Chamber of Commerce has determined to remon-
strate against the license tax.

Colonel Atkinson, Major Grey, and Major
Baumgartner have been appointed as members of
a committee to investigate the claims of officers of
the Bombay army.
The announcement in Mr. Massey's financial
statement that the government intended to raise
loans for irrigations has given general satisfaction
in India.

Lord Napier has returned to Madras from a visit
to the Viceroy at Calcutta.
Obituary.—Colonel William Pitt Macdonald,
military paymaster. of Madras, and the Rev. Mr.
Maddock.

CHINA.

SHANGRAE, FEB. St

The Footais expedition has moved northward to
attack the Neinfei and Mahomedan rebels. The
rebels who were threatening Hankou have re-
treated.

Exeter won the Challenge Cup at the Fachkay
(►) races.
Advices from Japan state the intended visit of
the Foreign Minister to Osaca has been postponed.

AUSTRALIA.
MELBOURNE, Fin. 27.

The Victoria parliament is engaged in the revi-
sion of the Customs tariff. Additional taxes have
been imposed, causing much dissatisfaction in the
colony. The budget is satisfactory, showing a
surplus.
A conference of colonial representatives is to
take place next month on the subject of postal
communication with Europe, and in support of the
Panama route.

The following gold ships have sailed during the
month :—Sunflower, with 1,125 ore. ; and Superb,
with 40,000 ors.
Advioes from New Zealand state that hostilities
had occurred between the military and the natives
of Tauranja. The village of Icirhanga had been
attacked and captured.

AMERICA.
(By ATLANTIC TELEGRAPH.)
NEW YORK, APRIL 9, 6 p.m.

The Senate is engaged with the discussion of the
treaty for the cession of Russian America to the
United States.

Mr. Seward has written to Juarez, urging that
the Emperor Maximilian, in the event of his being
captured, should be treated as a prisoner of war.
Cold, 13i. Sterling exchange on London, 109.
Five-Twenty United States' Bonds, 109. Illinois,
114 ; Erie, 53.. Cotton—middling upland, 28 c.
Petroleum, refined, 26c.

The North German Lloyd's steamship Hansa
arrived out on Monday, the Inman steamship City
of Antwerp and the Great Eastern to-day.

THE LIBERAL SCHISM.—The Hon. A. Kinnard
wishes it to be known that he received no Invitation to
the meeting held in the Tea-room of the House of Com-
mons on Monday, and that bad he received one, he should
have declined to attend. " I merely," he says, " rawally
looked in as a member of the committee on public peti-
tions, which meet in that room." Mr. Julian Goldamid
also was present as a " spectator only," and took no part
in the proceedings. Mr. M. Biddulph contradicts the state-
ment that be was at the meeting.

Colonel Leslie intends to ask the Chief Secretary
for Ireland. to-morrow, whether the importation of sheep
into Ireland from Scotland might again be permitted, as
the cattle disease has now for some time disappeared in
Scotland.

Mr. Otwsy will ask a question of tho Secretary
of State for Foreign Affairs, on Friday, ss to the state of
the negotiations between her Majesty's government and
that of the United States with reference to the question of
the Alabama.

Sir John Gray intends, on the 7th of next month,
to move "That this house resolve itself into a committee
of the ►hole bow to take into consideration the tempo-
ralities and privileges of the established church, Ireland."
Colonel Barttelot will bring forward his proposal
of a select committee to inquire into the operation of the
malt tax on Tuesday, the 7th of May.

Within a very short period there will be moored
at the Pont de Jena, Paris, the drbah.o-11 or Nile boat of
his Highness the Pach.i of Ei„ypt. It will be after the
approved model, and contain all the fore and aft accom-
modation, only on a more sumptuous scale, with which
tourists on the Nile are so familiar. The (14 babyeA will be
manned by fifteen Nubians, black as ebony, and dres,ed in
crimson and gold, and will also have a band of Egyptian
_ .

According to the American papers the famous
Tammaney Hall, in New York, has been sold for 159,000
dollars, and is to be converted into a newspaper establish-
ment. It was built in Isll. Soon after the declaration of
independence the "Sons of Liberty" formed a society
whose object w.ut "to connect in indissoluble bonds of
friendship American brethren of known attachment to the
politic l rights re of human nature and the liberties of the
mantry." This society was called after St. Tammaney, in
ridicule of the loyalist societies of St. George, St. Andrew,
and St. David. Tammaney was a celebrated Indian chief
in l'enn's time. The officers of the society were a grand
sachem, thirteen sachems, a sagamore, and a wiskinkie.
Some distinguished men have been grand sachems. The
sale of Tammaney Hall in March, 1867, is described as
having taken place in the month of winds, in the season of
snows, in the year of the republic '9l. Of late years the
government of the satiety has been in the bands of the
roughs of the democratic party.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS.—(THIS DAY.)
The SPEAKER took the chair at ten minutes past 14
o'clock.

MERCANTILE MARINE BILL.
Mr. CAVE, in reply to a question from Dr. Brady, stated
that a bill for the amendment of the law on mercantilii
marine is in preparation, and will in all probability be in.
traduced um the other house of parliament after Easter.
••-• • - - -

MINFS, &c., ASSESSMENT BILL.
Mr. P. WYNDHAM moved the second reading of this
bilL He said that although under the act of 43 Elizabeth
coal mines were rated to the relief of the poor, other
descriptions of mines were exempt, and in coo.
sequence of this some of the richest property
in his district was free from the rate. The
object of thi.6 bill was to subject all other mines to rating
and since it had been introduced numerous petitions heti
been presented in its favour. The bill also provided for
the rating of woods and plantations, which were :du at
present exempt.
Lord G. CAVENDISH moved that the bill be referred
to a select committee. The discussion was carried wk
by Mr. Kendall, Mr. Colvile, Mr. Beach, Mr. Henderson,
Mr. Hardy, Mr. Pease, and Mr. Barrow, and was proceed-
ing when our report left.

GREAT WESTERN RAILWAY OF CANADA.
(THIS DAY.)

This day the half-yearly general meeting of share.
holders was held at the London Tavern ; Mr. Alderman
DAKIN in the chair.

The report having been taken as read,
The CHAIRMAN, in moving its adoption, said the receipts
on capital account amounted to 73,7021., leaving only
about 17 ,0001. due on the new calls. The average expeedi.
tore amounted to 5,341,2521. The outlay on capital
account was 137,688/. They had 3,2.33,505/. in shares and
bonds, which it was still in their power to raise,
but they resolved to close the capital account as
far as possible, and to confine themselves to
making the capital already invested profitable.
The only exception to this was the purchase of the Petrolia
line of five miles for 10,0381., which was opened for traffics
on the 17th December. The outlay on the third rail
was 145,817/. the estimate being over 150,066/. The
cost was reduced to them by the payment of 20,:.-u/. by
the New York Michigan CentraL Tee Car Ferry boats cost
39,6001. The completion of the through line increased the
through traffic by 36 per cent., and would wake the pas.
sage from Chicago to New York and Boston a journey of
from five to six days, instead of one of eight or nine. On
the revenue accounts the decrease in the gross receipts
for the half-year amounted to 55,5251. The gross receipts
for the half-year were 331,513!., as compared with
387,0381. in the previous half-year. But that half
year was an exceptionally good one, and the decrease was
not special to their lines, for the Limited States railways
also showed a decrease. He hoped their new arrange.
ments would make up the loss. The loss on the conversion
of American funds for the half-year was 48,2t0. as com-
ftir6t7l with 73,316/. for the corresponding half-ymar of

After a discussion the report was agreed to, and a
dividend at the rate of 31, per cent. per annum wu
declared.

METROPOLITAN RAILWAY COMPANY.
(THIS DAY).

This day, a meeting of Metropolitan Railway
shareholders was held at the London Tavern, Mr. Paesoss
in the chair, for the purpoee of considering " a
bill for granting further powers to the Metrops.
litan Railway Company, authorising them to make
a junction between their railway and the Metropolitan
and St. John's-wood Railway ; for extending the time
'United for the purchase of certain lands and completion
of certain works ; for amending the acts relating to the
company ; and for other purposes."
The (liatenact Raid that perhaps the most important
point they had to consider was that of raising money
on debenture stock. They wished some time ago
to raise money on a debenture stock ; but whew
they came to look into the act of parliament,
they found they were restricted by Lord Redesdale from
giving more than 4) per cent. for the money. In the pre-
sent bill Lord liedesdale insisted on a clause that they
were not to give more than 5 per cent. Now, he thought
they ought to be left to their liberty in this respect.
The next clause was the underpinning clause ; and the ob.
ject was, that if they shook the foundation of a house,
they should be authorised to put in a new foundation, in-
Mead of pitying compensation fOr the whole premises. With
regard to the St. John's-wood Railway junction that would
cost i 0,000!., of which the St. Jobn's.wood Company was
to pay half. It was absolutely indispensable that the
time should be extended for the completion of the works.
They. asked for three years, and they were cut down to
two. Ile nioved that the bW, the heads of which were
read, should be agreed to.
Several shareholders deprecated the Eastern Extension,
&Ed said that the extensions were ruining the main line.
The CHAIRMAN said that parliament bad practically
given the company a monopoly of North London if they
did certain things. In 18th, the shareholders were inked
if they would accept the corulitious, and they replied that
they would. Depend upon it the railway would not
go beyond Bishopsgate-street if the circuit was not made
to Tower-hill. (Hear.) Then it would be worth their while to
go to Tower-Lill. The shares were unfortunately depre-
ciated, but he believed when the present panic ponied
away that the stock would turn out to be a good one.
The dividend would be maintained ; the new line from
King's cross would be opened at the end of the year, the
western extension would be opened immediately after.
[The meeting was going on when we went to press.]

THE IRISH LIBERAL MEMBER:.-1t is stated that
the Irish liberal members had a meeting yesterday in the
committee-room of the House of Commons, and that they
came to the resolution that the voting papers clause in the
English Reform Bill was one which demanded their oppori.
tion in order that there might be no precedent for such a
scheme when the Irish bill came on for consideration.

Sir Harry Verney has learnt that a statement
which he made in the debate on the Mutiny Bill on the
Int inst., to the effect that corporal punishment had been
indicted on soldiers of the United States' army during the
war, has given pain to some Americana. " I have been
assured," he writes, " that on this subject I had been mis•
informed, and it is with great satisfaction that I state
this, not only because lam anxious to do away with my
erroneous impression to which I way have given currency,
but also because the fact that the forces of the rafted
State■ maintained discipliac without corporal punishment
affords the best example and the greatest encouragement
to us in adopting measures by which such punishment may
be abolished in the British army."

THE CH A HTER-HOUSE. —Yesterday evening, be-
tween 9 and 10 o'clock, • tire broke out just behind St.
John's•street, and in close proximity to the Charter-house,
at an ivory turner's, destroying the roof and threatenieg
destruction to the back premises of therharter house. The
officials of this latter place very promptly brought their
engine to bear upon the flames. They with sonic of the
gentlemen in the establishment were mainly the cause of
checking the more extensive ravages of the lire.
•

The meeting of the shareholders of the London.
Brighton, and South Coast Railway, held yegerday, passed
over in a satisfactory manner. A col ttttt ittee was appointed
to inquire and report whether it is swirl:add,. that the
powers and liabilities of the Surrey and Susses, Chichester
and. Jlidhurst. and the West Susses Junction Railways
he vested in the London, Brighton, and South Coast
way Company, as proposed by the bill now before
parliament, and whither such transfer as stated is
the last half-yearly report of the directors lIINUIVCII 110 new
liability on this company beyond the subscription of part
of the capital tinder existing acts, and genernlly to inquire
and report as to the position and past history of their
branch lines, and the prospects of any tubspiate return
from then, on the capital expended. The committr.• is to
consist of Sir Charles.lackson, Colonel Mellor, 31.1'.,
J. T. Mackenzie, and Mr. A. tioex.
••

THE HEALTH OF LONDoN.- -It q. ear; fern the
return issued by authority of the Vegi,t 41. nets!
that in the week that ended on tiatuttl.y.
the births registered in London and tot•ixe other
Large towns of the United Kingdom atTe ; the
deaths registered, 3,148. The Mum.' rate of mortality
was 27 per 1,000 persons living. In London the faiths of
1,1:18 boys and 1,182 girls, in all 2.310 el 'law, urea
registered in the week. In the curie:vomitus w'ar'ts
of ten years, 1857416, the average notelet , o: it tot for
increase of population, is 2,11 ii. The death, regetteted
is
London during the week were 1.4:11. It w... the four
tcenth week of the year ; and the average number of
deaths for the week is, with a correatot for tnereaw of
population, 1,503. The deaths in the pr .ci• t. tato ate
less by 50 than the estimated 0111101.4% Th.. IC', itl3, le
London last week exhibit, it considerable de' oat-
parison with the number: of tleath, in the too preeedmg
weeks, when 1.731 and 1.001 persott• died. The deaths
registered during the butt three weeks in the West
districts were 9'r9, tf7:l, 241. In the north....[tree. Itrd,
380, 315. In the central districts, 107. the
rst ;122. 214`• 324. In the molt; .li,t nets. ".no,
4'3.:1!11. In the east districts the deaths lot Neil, ex-
ceeded in number the deaths regist. red in the ,atne
tricta in any week since that which ended 2tel February.
Thirty-eight deaths occurred from at. tall IN., 4in Mary-
lebone, 4 in Panora,, '2 in Shotmlitelt. 2 in F01d:t0.... w Fer•
motelsey, 3in Lambeth, and 18 in taller diatrieta. Fifty-
two deaths occurred from typhus 11 iu kensitt.:toll• I.
to
Pancras, 7 in Shereditch, 5 in liethnal•g•isat.
;in _ 1
loplar,
and 2.i in other districts. Deaths in the Sotallitox and
London Fever Hospitals are referred to the distticte
which the patients were brought. In the smith districts
of the metropolis. the estimated population of stitch Iv
nearly 900,000, only sic persons died front fever three of
the deaths were in the district of Lewisham. Twenty ens
loath* from measles, 1.. from scarlatina, CO from %las?
ing.cough, and 12 front diarrhea were registered.

:.N I'RAL CRIMINAL COURT.

(Tills D.tyl

tor i;ENEIZAI. NELSON AND
Et TI:N ANT 1:ItA SD.
~, oF cII lEF JUSTICE
cocK IZN.
~1.1 (*hi, f Justice Cockburn attended the
, d i'ourt for the purpose of addressing the
AP., The learned judge was
aou Ch tunell. The court at the coin-
• o ct0,,,.10p4.. —about 3 quarter lust lu
, tuij.,,ht have been expected.
st 0,1•113.11.Lt,t1 with a scat un the

\ • ••• I..e,itelunt Br.Lliti Were pie%erit.
the part of the court usually
_ • min ol•i—i• name wits called absented him-
‘, I mud I y tone of the jurymen, because he

r• "1.1,1101, :Ile C.061`.
11. 11-L„ art. the a,urt, having made the usual
t., th. ;;r,tnl jury,
„ by saying that it was necessary
itt •••• n t this d.ty in consoluence 0r the
• s • f th, lc LT-Iw.! cm,kr, upon whom ordinarily

I • 1,. .I,lty di:tring the grand jury, for reason;
. t-xpldtted, to trdie part in any proceedings
r, nee to the of " The Queen against Nelson
i ol.i It would be brought before them, upon
:ntiient for murder ; and inasmuch RN the learned
. I• t not in a position to afford them that assist•
•that a ..:"Ea 11. i Jury w.,. entitled to expect from judicial
-,rity in a C 0... of .hilie,tity tool importance, he (the
,•h,, I .I,lsticul b..d thought it his duty to attend
1... a -I n OW. ho 'night render such service as the
l :Lod he might be able to
..t tlier they looked at the principles in-
. I o: rl,e of law which arose in this case,

• ~• Lr elv,it tc,l th.,t it was a case of the greatest
~, II of the greatest importance. They had.

•!,i• matter had become one of public notoriety
• ~•• looseetvion was founded on • British subject, •
W. Gordon, ha% Mg been brought to trial
„.., • . • • r•,artial, he being not a person in military
.• , •.e, la •• cix am, tint by that court-martial condemned
t ail.l to death. That sentence
:•;a— Iby trueral Nelson, and Gordon WWI exeented.
• ie m ,h it, the. prosecution was founded
•,,•• the first place, that them was no
•i•,n a, !hose who tried and sentenced thin man to
i in the second place, that if there were jurisdiction
• s 1,•.: honestly tiled. but corruptly used for the 'Jur-
. of ttinq rid of an obnoxious and, as it was thought,
_ _

individual. He would take these two questions
• it He thought it was inqmrtant he should state
the aunt the facts on which the questions arose.
were very few, and might he very succinctly
•• ,t.d. It .11.1.4:tred that iu parts of the island of
in thy year ISI;5, a somewhat turbulent spirit,
I to riot and tumult manifested themselves

aped the negro population, who imagined that they
i.,•1 great grievances to complain of. On the 7th October,
disturbance took place on the occasion of a
,41.,teri.,1 meeting at the Court-house in Morant Bay,
as they were aware, was in the island. It was not
l• 0..137 to go into the circumstances of that disturbance,
t it seemed to have brought this insurrectionary spirit 1.
The negroes in that neighbourhood were
sidcntly making preparations for an outbreak, so much
that en the 11bh t tetober it was thought necesstary by
: • authorities to communicate with the governor
1 ~pply to hint for military assistance. On the 10th or
'lli It was not very material which day it was) warrants
sem issued against one or two persons who hail taken part
is. the disturbance, and upon its being attempted to put
:Lose warrants into execution resistance by force and
....limo was offered. On the llth the insurgents in con-
-,lemble numbers, several hundreds, made their appear-
Lee more or leas in arms. They seemed to have stormed
Courthouse in Morant Bay, in which the magia-
:' :too were at the time performing their duty. The
i..lunteers came to the assistance of the magistrates
~nt they were overpowered. The Court-house was stormed,
5... less than eighteen people were killed, and upwards of
were wounded; and from that moment the whole of
tile negro population in that neighbonrhood was in a state
.1 id...thous insurrection. This spread itself rapidly—the
segrees attacking neighbouring residences, taking life, and
.I.,troying property. They made no secret of their inten-
tions, threatening to destroy the white population, or, at
a part of the white population, and expressing their
1, termination to seize and take possession of all the pro-
- rty in the island. Now it seemed that this state of
hugs excited, as might have been expected, in the minds
the white population the greatest possible consternation
lel alarm. The military force in the island was
-.at small the number of the white popula.
:se is but very small in proportion to the
iumber of the black population—and the result of
nurse was that terror and alarm prevailed. Under these
-ircumstances the governor, with the advice of the council
sf war, which he was bound to call and did call, declared
:he whole of the county of Surrey, where the insurrection
~ad taken place, under martial law, with she exception—and
that he must call their attention—of the town of
Kingston, which was the principal town of that county
in the island of Jamaica. Troops having been already
despatched in consequence of the application to the
overtior, on the 10th, they were very soon upon the
scene—they were followed by others—and though, in
loins of numbers, comparatively small, the force
sent was enabled at once to suppress and crush
:he insurrection. The moment the soldiers ap-
peared on the scene, the whole insurrection collapsed ;
the Degrees fled, and the only business of the military ap-
peared to have been to pursue them, and when martial law
hot been declared to bring them before the military tri-
bunal. Martial law was proclaimed on the 13th October
by the governor. The deceased, Mr. Gordon, resided at a
short distance from Kingston. He had a place of business
Kingston, and it seems that for three or four days be-
fore his apprehension, which took place under circuits-
st.aces which he was about to detail, he was in the town
of Kingston. He did not intend at this stage of the case
teentet into the merits of the case against Mr. Gordon, or
v. inquire into the amount of his culpability or its degree.
It sou enough at present to say that Mr. Gordon was gene-
r.,lly believed by the authorities and the white population
to have been the instigator of the rebellion, to have been
t the bottom of it, and to have been an accomplice
sill, those who were actually and actively en-
..:age,l in it. It was therefore thought necessary
4.1 right to make him answerable. The question
whether the right course was taken to bring him to
if he was guilty. It must be remembered that King-
where Mr. Gordon resided, was specially exempted
r..,a martial law which had been proclaimed. Warrants,
:..vever, were issued against him, and knowing that, he
r,-nt to the house of General O'Connor, tho commander
the forces„ on the morning of the 17th of October,
rr the purpose of giving himself up. The governor
the costes came to the general's house and appro.
;init..) Mr. Conlon, took him on bcetnl a war steamer,
sell conveyed hint to Morant Bay. A court-martial was .
ordered by Colonel Nelson, who had been sent there
hri.;adier.g..neral in command of the troops to suppress
'.•• insurrection, and the court-martial was composed of
..;.,itenant Brand (one of the accused), Lieutenant Erring-
"• •Thl En.i7l) Kelly. Mr. Gonlon was arraigned upon
eliar4e of high treason and complicity in the rebellion,
being found guilty. was sentenced to be hanged. The
•ilt`h"ssent to Colonel Nelson, and by him approved
ad tamed and it was submitted by General O'Connor
tie governor, who approved of the sentence being
amid into effect. Accordingly Mr. Gordon was hanged;
41 it was in respect of that execution that the pre-
iwose. The first question that presented
s whether the governor had the power to proclaim
law. it W.L3 quite clear that the power of the g0,,.0r
,,.or to proclaim mart al law must proceed from one of
•ffs miners ; it moist either come front the commission he
'I foe' the crown or from some act of the im-
sl or local legi,lature. It could be derived from no
17,0, governor simply as such could not
ni iiti.i! 1:w. Before, however, touching upon the ,
q,,, ,olon whether the governor had the power by
id his mend...don to proclaim and exercise martial
:• was most important to ascertain what was
! th.racter of the colony in Jamaica. From the
, ir earli,t colonial possessions a distinction had I
by legal authority between two classes of '
and they were technically termed crown colonies
"I mints• The crown colony was one that had
• vt, ,:ci,iired by conquest or, what was equivalent, by

don. celoniee preserved their institutions for a
time subject to the absolute power of the sovereign. As re-
gards-a the tiled colonies the case was different. There
land had been taken po....ession of in the name of the crown
of England, mei had been settled upon and occupied by
Eritida subjects. In such a Cagt3 the inhabitant. had all
the riihts .d Englishmen. They took with them in the
tii -t place that which no Englishman could by espatriation
put off, n amely, allegiance to the crown, the duty of
obedience to the lawful commands of the sovereign, anal
also all the rights and liberties of British subjects. To
which class of colony did Jamaica belong` (The
learned judge then .tooted various authorities and
entered into a history of Jamaica from our
conquest of it in luß, from the Spaniards.) l'nder all con-
ider alone he had no doubt whatever that Jamaica was
entitled to the character of a settled colony, for although
the land was originally obtained by conquest, it was
irtually uninhabited when the English entered upon it
as a settlement ; therefore upon principle. upon legis-
lation, anal upon eminent legal authority, he had not
the slight st hesitation in 'laying that the inhabitants
of Jamaica were entitled to all the rights and liberties of
British subjects. Here the jury were brought face to face
with the grave question whether the sovereign, by virtue
of the prerogative of the crown, had the power in case of
rebellion of establishing and exercising martial law. So
Car as this country was concerned, this question
might he of no practical importance. We might
look into the long vista of distant years and
feel happily satisfied that the question was not likely
to arise here. Years of beneficent government had
amongst Englishmen changed the abstract duty into a•aen-
timent—he had almost said an instinct —and the duty of
loyalty had blended itself with personal attach-
ment to the sovereign. Unhappily this was not
the case throughout the whole of her Majesty's
dominions. We had seen that lately in the sister
island, where unhappily generations of misrule and politi-
cal and religious tyranny and oppression had existed.
Even now, when all grievances, at least all political
grievances, had been removed, the spirit engendered in
past years remained ; anal wicked and designing men took
advantage of it to produce dissatisfaction and disorder,
tumult, and insurrection amongst the people. So much
was this the case that recently the government
had it under their consideration whether it would not be
necessary to apply martial law to Ireland. Application
would have been made no doubt to parliament for sanc-
tion to such a proceeding, hut • case might arise when
parliament was not sitting, and when there was not suffi-
cient tune to call one. Government would then find itself
placed in the responsible position of either omitting to
has e recourse to a weeny by which insurrection and rebel-
lion might be very effectually suppressed, or on the other
hand of authorising the action of martial law. This ques-
tion was of the gravest importance. Fortunately we had
eothing to do with the political part of the question. The
policy of England was a 'matter for legislative considera-
tion. It was more important to inquire what martial
law was, for of late doctrines had been put forward to
his mind of the wildest and most startling character-
doctrines which established that British subjects not
ordinarily subject to martial law might be brought before
tribunals aimed with the most arbitrary and despotic
power, and in which they had to determine upon
the guilt or innocence of persons brought before
them with a total abandonment of all those
rules and principles which were of the very
essence of justice and law. Such doctrine as
this had Leen laid down :—" Martial law is arbitrary
end uncertain in its nature, so much so that the term law
cannot he properly applied to it." Again :—" When mar-
tial law is proclaimed, the law is the will of the ruler, or
rather the will of the ruler is law. Martial-law is in short
the suspension of all aw." Anal he found in print this
startling proposition :—" When martial law is proclaimed
there is no rule or law by which the officers executing mar-
tial law are bound to carry on their proceedings. . . .
It overrides all other law. It is entirely arbitrary." These
were doctrines propounded by persons of some authority.
It was high time such doctrines were brought to the test
of judicial determination. At all events of this be
was sure, that if that were the system and law
under which British subjects could be tried for their liber-
ties or lives, it was time that parliament should interpose,
and put a check upon a jurisdiction so purely arbitrary and
despotic. We should never forget that whatever might
be the charge upon which • man was accused, were he
the wont traitor ever brought to the block, until he was
convicted, and his life taken, he was still a subject en-
titled to those safeguards that were the very source of
justice. It was impossible to deal properly with the ques-
tion of martial law without tracing it to its fountain heed.
There were many instances in English history of men being
put to death who had been taken after some decisive battle.
In the reign of Falward 11., there was the trial of the Earl
of Lancaster, who, charged with rebellion, was brought
before the King and a certain number of peers, sentenced
to death, and executed. The earl ought to have been tried
by his peers in Parliament, and though historians
had called the trial • trial by court martial, there was
very great doubt whether it bore that character. At any
any rate the attainder was reversed in the subsequent reign
on the ground that the trial was irregular. The next
instance of martial law was in the reign of Richard IL,
when in consequence of the Wat Tyler rebellion men were
brought to trial without ceremony, and put to death
wholesale ; but it was thought even then necessary tope's
a bill of indemnity, which bore the somewhat singular title
of "The King's pardon to those who redressed
and took avenge on these rebels." During the
War of the Roses the practice of executing men
without any form of trial whatever was married to
a considerable extent. Martial law was proclaimed in the
reign of Henry VII., but the whole of the proceedings
which took place in consequence were utterly illegal, for
if martial law could be applied for the purpose of sup-
pressing rebellion, it was perfectly certain that • man
could not be brought to trial for treason after a rebellion
had been suppressed, In the reign of Edward VI., when
from various causes the whole social fabric was shaken
to its very foundation, • remarkable proclamation
was issued declaring that certain offences should
be dealt with by martial law. Still too much
importance must not be attached to these proclamations,
because it appeared upon the authority of our most eml-
ment historians that at various periods of English history
it had been the practice of the sovereign to issue such
proclamations in terrorem, for the purpose of operating
upon the public mind, but with no intention of carrying
them into effect. In the reign of Queen Mary martial
law was applied to the introduction of heretical works,
and according to Mr. Home the same course was followed
by Elizabeth. James I. proclaimed that the lard-lieutenants
of counties should exercise martial law in certain
cases, but the Sovereign had no power to authorise the
Lord-Lieutenant to exercise martial law upon such per-
sons as he in his discretion might think proper. The last
instance of the exercise of martial law was in the reign of
Charles 1., anal then came the cdebratedl Petition of
Rights by which these commissions were held to be
unlawful, and it was solemnly asserted that an
English subject was thenceforth not to be subjected
to martial law. The King reluctantly gave his assent to
that principle, and it was unquestionably at this moment
the law of the lanai. There had been rebellions since—
the rebellion in London in the reign of James IL, and the
rebellions of 1723 and 1745, but though numbers of per-
sons were put to death, it was not under martial law. He
had mentioned all the cases in which mils tial law had
been proclaimed in this country, and he was
surprised to hear people speak of martial law
as a thing perfectly settled in this country when in truth
it bail never been resorted to. lrhel events in Ireland
in 1795 and 1790, when the Lord Lieutenant proclaimed
martial law, but thought it equally necessary to obtain
hills of indemnity afterwards, led to the suspension by
statutory authority of the proclamation of martial law by
the Lord Lieutenant. There was no doubt about the
power of parliament in such cases, and recourse ought
alwsysto he had to parliament, which could impose such
restrictions as would secure this anomalous jurisdiction
from the operation of arbitrary and despotic influences,
which might otherwise bear upon the minds of those to
whom the execution of the law was entrusted, the acts of
indemnity which had been passed from time to time
afforded the strongest argument against the legality of the
exercise of martial law. From the earliest period of fine,.
lish history, when armies left the country for foreign
war, the strictest ordinances and statutes were framed fir
the guidance and rule of the soldier till, in
James the Seeond's time, they assumed the form
of articles of war, which were substantially the Israelis of
war now in force. They were most elaborate and precise,
and no one who took the trouble to study them could fail
to be aware of the law by which he was bound, The high

constable and earl•marshal had through the regular pro•
ce.lure of the courts of law exercised jurisdiction in all
military matters till Henry VIII., jealotui of the
power of the high constable, abolished that office, and
subsequently it was held that the office; of earl-marshal
was abolished also. Courts-martial were then introduced
for the trial of military offences, and they had adopted the
old procedure of the high constable and earl-marshal. The
technicalities of the ordinary law were dispensed with,
but the principles and rules of the ordinary law with re-
ganl to the admission and effect of evidence were acted
upon ; and perhaps there were no tribunals in which
justice was administered in a higher sense than by the
military tribunals, which exercised jurisdiction under the
name of court martial. If that was the law as applied
to the collier, what was the law that should be applied
to the civilian? A mutiny on board ship might
be put down at once ; no one was to wait till crime had
been committed in onler to bring it under the cognisance
of law, but might put down the attempt at once by the
application of any amount of force that might be necessary ;
hut that was not martial law. The question to be consi•
tiered in this case was, whether the persons not actively
engaged, and who could nut therefore, be killed on the
spot, were to be subjected to a law which was entirely
exceptional.
[llia lordship was still addressing the court when our
report left.]