The Sun.
London, England, 1824-11-13 00:00:00

COURT OF KING'S, BENCH, N0v.12.

BRADLEY V. AI/THUR.
At the sitting of the Court the ,bonn CHIEF JUSTICE
asked Mr. Attorney General if he were now prepared to answer
the question put to him yesterday, namely, whether he had any
objection to have this question brought before the Court on a
special case.
The A vronweY GENERAL—My Lord,' I can see no ground
for consenting to have this brought before the Court on a special
CBS&
LORD CmET .luterfer.' —Then Mr. Brougham must re-
sume his argument.
Mr. Bnouottam—He thought it right to inform the Court
that he admitted that the Crown could give to any person a mili-
tary comtnand whether he was a military man or a civilian, and
that a person receiving such a command from the Crown would
not by the fact of his being placed on half pay, if he were a
military man, in consequence of a reduction of the regiment in
which lie had held -a regimental commission, cease to have
military command ; neither did he mean to'deny that the Civil
Governor of a Colony had authority to take measures for the de-
fence of that Colony: but what he meant to contend was, thathe
must appear in the capacity-of a Civil Governor, and take mea-
sures for the defence of the Colony through the medium of the
cmnmanding officerof the troops ; that was, lie was to have nothing
to do with military taffies—with the mustering of men—or with
sitting on Courts Illartial. It had been urged that the appoint-
ment to the Civil Superintendentship of the Colony virtually con-
ferred supreme military command of the forces in the Colony.
Now how stood the fact in the Settlement of Honduras ? The
first Civil Superintendent of the Colony was a civilian ; had no
pretensions to the character of a military man • was neither an
officer on full or half pay, but to all intents andi purposes a ci-
vilian. That _person never exercised military command. In-
deed he could not fora single moment hare thought that the
' civil appoinutaint which he held gave bins military command.
The only way in which a Civil Superintendent could claim mi-
litary command was, when it happened that be, being a mill.
tary man, was the senior military officer .in the Colony, and
-then he would be entitled to exercise supreme civil and military
command. In Colonel Arthur's own -case this doctrine was
acknowkslted. When he was first appointed Civil Superin-
wildest, Colonel Smith, his senior military officer, who was
then in the Colony, exercised supreme military command, and
after his departure from the Colony, Colonel Massey com-
manded the troops for five months.
The Lon D CHIEF J trr E—l don't know, Mr. Brougham,
how we can take these facts Into consideration upon the present
motion, when no evidence of them uppeared.,at the trial.

Mr. BROM/MM.—He rested much of this argument upon
matters of history, and he wished by those references to illus.
trate the boundaries between military and civil authority. He
in the first place laid it down as an undeniable position, that a
person rot subject to martial law could not exercise any direct
command over the King's troops ; and that a person holding a
Commission, Living► him civil rank only, could not by any lin.
'plication be liable to martial law. Colonel Bradley had no
election; he was bound to take upon him the command, if Co-
lonel Arthur, as he (Mr. 13.) contended he was, were Colonel
Bradley's inferior officer. If Colonel Bradley had not taken
the command, he would have been guilty of an offence against
the Articles of War, and would have been liable to be tried by
a Court. Martial.

Mr. Justice BAYLEY—If the defendant and plaintiff' were
both on full pay, which would he the superior officer ?
Mr. BROUGUAX—CoIoneI Arthur, undoubtedly, my bard;
and whilst he was upon full pay, Col. Bradley never objected
to his taking the command, because he knew him to be of a
superior military rank. The absurdity of saying
that a person
not liable to bs tried by martial law could exercise military corn.
mand, would be clear, front the fact that -a man bio situated
Might commit some offence with impunity, because some acts
which were considered offences by the military law were not
offences by the civil law ; and, therefore,a person not liable,to
martial law could not be tried at all.

The Loan elitii.sl)Bl7cE—The Court is of opinion, that
this uestion must be put in the shape of a special case,
in order to receive the fullest consideration upon view of the
commissions granted by the Duke of Manchester and Genera
Fuller.

1111011011 AW—And the regimental commissions of the.
plaintiff and defendant, my Lord ?
Mr. Justice BAYLEY—There can be no harm in that, if you,
wish it.
After some further discussion between the Learned Counsel
on both sides, it was agreed that the question should be.put
into the shape of a 'pedal case, of which the coenmiss►ons
granted by the Duke of Manchester and General Fuller,and the
regiMental commissions of the plaintiff and defendant, should
tight a part.