The Express.
London, England, 1866-07-20 00:00:00

THE AFFAIRS OF JAMAICA.

Mr. MILL said that without going into details with

respect to the series of MterrCiatrons which he had
addressed to the government, he would simply ask the
questions which stood in his name on the paper.
The CHANCELLOR of the EXCHEQUER said that the
aotices pissed on the paper were never Intended to super-
sede the questions that were asked in that house ; he
should, therefore, prefer that the hon. gentleman should
put the questions which he thought proper in his discretion
to the executive. There were many hon. members in the
house who had not had an opportunity of making them-
selves acquainted with the questions proposed to be put. It
was due to the bonne and to the subject that the hon.
'member should ask the questions at length, so as to let
• them hear what they really were.
Mr. MILL asked if he should read the questions
seriatim.
The CHANCELLOR of the EXCHEQUER—Yes, the
whole of them.
Mr. MILL then reed the following questions of which he
had given notice, namely—Whether any steps have been or
will be taken to bring to trial Lieut. Adcock for unlaw-
fully putting to death two men, named Mitchell and Hill,
without trial and six persons after alleged trial by court-
inertial on charges not cognisable by a military court; for
• logging without trial Mr. John Anderson and others, and
authorising one Henry Ford to flog many men and women
without burl, one of whom, named John Mullins, died in
consequence. Whether any steps have been or will be
taken to bring to trial Captain Hole for hanging one
Donaldson without trial ; for shooting and permitting to
be shot various persons without trial; for putting to
death by hanging and shooting thirty-three persons after
*trilby a so-called military court for acts not cognisable by
a military court, and without observance of the rules pre-
scribed by the Articles of War ; for flogging various men
and women without trial ; and for being accessory after the
tact to the unlawful putting to death of numerous persons
by soldiers under his command. Whether any steps have
been or will be taken to bring to trial Lieutenant Oxley for
putting John Burly to death after a similar unlawful trial,
amid for permitting the men under his command to fire at
unarmed peasants, and cause the death of several persons.
Whether any steps have been or will be taken to bring to
trial Ensign Cullen and Dr. Morris for putting three men
to death without trial, and Dr. Morris for shooting one
William Gray. Whether any step. have been or will be
taken to bring to trial stipendiary magistrateFyfe for burn-
houses of peasants, putting to death one person without
and being accessory to the unlawfulputting to death
of various others. Whether any steps have been or will
be taken to bring to trial Attorney-General Bishop, Lieu-
tenant Brand, Captain Lake, and Captain Field, for sit-
ting as presidents or members of alleged courts-martial,
by whom numerous were unlawfully put to death.
Whether any step, ave been or will be taken to bring to
trial General O'Connor for having been accessory before
and after the feet to numerous unlawful executions, some
of them without trial, and others after the illegal trials
already specified. Whether any steps have been or will be
taken to bring to trial Colonel Nelson, brigadier-general in
Jamaica, for unlawfully causing to be tried in time of
peace, by military courts irregularly composed, for acts
alleged to have been done before the proclamation or be-
yond the jurisdiction of martial law, and after such trial to
be unlawfully put to death the following persons:—George
Wm. Gordon, Edward Fleming, Samuel Clarke, Wm.
Grant, Geo. Macintosh, Hy. Laurence, Letitia Geogban,
and six other women, one of them in a state of preg-
nancy Scipio Cowell, Alexander Taylor, Toby Butler,
Jasper Hall Livingstone, and various other persons who
had been previously flogged ; and about 180 other alleged
rebels ; and for anthonsurg the flogging without trial of
Alexander Phillips, Richard Clark, and numerous others.
Whether any legal proceedings have been or will be
ordered to be taken against Mr. Edward John Eyre,
lately governor of Jamaica, for complicity in all or any
of the above acts, and particularly for the illegal trial
and execution of Mr. George William Gordon. If not,
whether her Majesty's government are advised that these
sets are not offences under the criminal law.
The CHANCELLOR of the EXCHEQUER—The house
bas heard the questions which the hon. gentleman has
addressed to jt in a form which I think I may say some-

what passes the boundary of parliamentary questiLns, be-
muse, in addressing questions of this kind in which
opinions are also expressed, it is trespassing in some de-
an the liberty and freedom of discussion. (Hear.)
It is impossible, under these circumstances, to discuss and
at the same time answer in detail questions put to the
government by hon. members which may lead the public
mind to the presumption that those who reply to them
agree in the assumed state of facts upon which the ques-
tions are founded. They are ten in number, and nine of
them inquire of the government whether any steps have
been or will be taken with respect to the unhappy pro-
ceedings which have occurred in Jamaica, and which
the honourable gentleman treats throughout as un-
lawful. But after these nine inquiries, throughout
certain
which the oonduct of individuals is as-
sumed to be illegal, there is a tenth inquiry,
whether her Majesty's government are of opinion that such
conduct or proceedings were illegal. I think the house
will agree that the law advisers of the crown, from what-
ever party the government may be formed, are into most
eminent in their profession, and if the boo. gentleman is
of opinion that the responsible advisers of the crown were
of opinion these acts were not illegal, he is hardly justified
in assuming that they were illegal, and he might have
made the inquiries without proceeding throughout on that
assumption. It is not merely that these questions have
been asked in a form which without notice might lead to
inconvenience, but though brought forward with great
apparent precision, they do not appear to me to
be as accurate as under such circumstances might
have been desired. Throughout these questions
the hon. gentleman seems entirely oblivious of the
fact that the proceedings of which he complains
took place during the existence of martial law. (Hear,
hear.) That is the first feature that strikes one, and
there seems throughout these numerous categories a very
great confusion on that subject, because we bare
this remarkable expression—certain persons are spoken
et whose omen were decided without trial, or
alleged trial by court-martial, and on charges not
cognisant by a military court. Then there is
another charge that a case has been decided without °beer-
wand of the rules prescribed by the articles of war ; and
again we are told that a person was tried, in time of peace,
by a military court irregularly composed. There are other
charges of the same kind. But in a state of martial law
there could be no irregularity in the form of the court. A
state of martial law supersedes an other law; but she hon.
gentleman throughout theme questions seems to assume
that in a state of martial, law courts-martial are to
be coeducted according to the terms and conditions
under which they are held when the Mutiny Act is in
existence. But in a state of martial law the Mutiny Act
like every other law is suspended, therefore there is
throughout this question a saner of extreme inaccuracies
en this point alone, and there are other errors in point of
detail which ought to have been avoided by the hon.
gentleman in a question of this character. (Hear, hear.)
In question No. 4 we are asked in the ease of Ensign
Caen and Dr. Monis, whether any steps have been or
will be taken to bring to trial those gentlemen for
putting three men to death without trial, and Dr. Morris
/or shooting one Wm. Gray. Now in the evidence taken
'before the commissioners it is particularly stated that
Ibis was a charge which was not proved. that the evident:*
ism very porplaxing, and the casimissiosers resommeneled
further inquiries, which I believe are now taking
place. Surely under these circumstances the lion.
'ourahle gentleman is not authorised in making so
sweeping an amern,m, so definite that Mises men
were put to deathwithout Vial, when the fasts seeth