The Express.
London, England, 1867-04-11 00:00:00

CHIEF JUSTICE COCKBURN ON MARTIAL LAW.

Whatever, observes the Times, may be the result
of the prosecution commenced against Colonel Nelson and
Lieutenant Brand, the charge of the Lord Chief Justice of
England has vindicated one vital principle of Eoglish
justice. And the theory—that martial law, having been
proclaimed by virtue of the royal prerogative, supersedes
the action of the civil tribunals—a theory which received
an apparent sanction from Mr. Disraeli's reply to
Mr. Mill last session, has been luminously dieproved.
The Chief Justice at the same time shows that military
law as now administered under the Mutiny Act is a diffe-
rent thing, and is not open to the charge of being an
arbitrary system, governed by no fixed principles or rules
of procedure. There is no case in which • mockery of
justice can be rendered valid by proclamation of martial
law. The illegality of Cordon's arrest having scarcely been
questioned, it follows that his trial must have been equally
illegal, and the Lord Chief Justice did not scruple to de-
nounce the policy which took him out of the jurisdiction
of lawful tribunals which might have acquitted him, and
sent him before an unlawful tribunal from which a con-
viction was confidently expected. The Tinter accepts this
authoritative confirmation of constitutional principles from
the bench with unqualified satiataction.
The Poet, without having any sympathy with the
Jamaica committee, says it must be admitted that very
startling doctrines have been broached in reference to the
right of the executive to proclaim martial law, and that it
is high time these doctrines should be brought to • judicial
test. The present prosecutions furnish the opportunity
for applying that test, and therefore, however confident
every one must feel of the result, whether at the bands of
a jury or of the Crown, they cannot be regarded as mali-
cious or vexatious. The Lord Chief Justice has conclu-
sively shown that neither the Sovereign in this country nor
her representatives abroad possess at common law the
power of superseding the operations of those tribunals
which are provided by the constitution for the administra-
tion of justice. In suppressing a rebellion the executive
may repress force by form, but it cannot create an anoma-
lous and arbitrary species of jurisdiction.
The Tektiropli finds cause for congratulation in the fact
that such important principles should be expounded by so
eminent • judge, but rather follows his lordship over the
ground which he took than offers any opinion of its own.
The authoritative exposition of the Lord Chief Justice
will take rank, says the Star, with the most famous judi-
cial deliverances of past times, and future generations will
feel the deepest gratitude to Sir Alexander Cockburn for
baring extirpated the monstrous theories, the outrageous
assumptions of those who have endeavoured to engraft
upon the English constitution a system of lawless and
irresponsible violence which they, with the recklessness of
unscrupulous partisans, have dignified with the name of
martial law. The Chief Justice has denounced "the
wild doctrines" which Mr. Disraeli and others have
endeavoured to foist upon the laws of England.
Applying the principles which he had clearly set forth to
the case of Mr. Gordon, his lordship had no doubt that hie
arrest at Kingston and removal to Monuit Bay was " an
arbitrary and totally unjustifiable act ;" that the bulk of
evidence against him was " utterly worthless," " mere
moonshine and nonsense ;" and that the constitution of
the court was illegal, and unauthorised by any law, rule, or
usage. The motives of those who arrested, tried, and put
hint to death, and the gravity of the peril by which the
authorities were, or believed themselves to be surrounded,
were elements in the case which a jury alone should
determine.

The Standard tenders its sympathy to the prisoners
adhinst whom adverse fate and unrelenting antagonism
have combined. All that they did they did land fide, and
th.ir judicial determination was beyond doubt patiently
deliberated on and conscientiously arrived at. There is
a legal maxim which says that cam mania ernd fad! jus,
which might not unreasonably be held to apply in a case
like this where legal guilt is admittedly consistent with
moral rectitude.

THB REFORM BILL AND NR. GLADATONEN AMENDMENTS.

As the Timer views matters, the action of the fifty
liberal members, more or leas, who met in the too-room
last week, has removed all doubt as to the preference for a
universal rating suffrage, checked by personal conditions,
over the rigid line of a 51. rating suffrage. The amend-
ment of Mr. Gladstone which stands first, reducing the
term of residence to twelve months, is based on such
sound reasons that the government are bound to assent to
it in fulfilment of their pledge to co-operate with the
house. Twelve months is the period of residence required
of 101. occupiers under the existing law, and no distinction