The Sun.
London, England, 1858-02-06 00:00:00

SPORTING INTELLraENoE.

BETTING AT MANCHESTER—FRIDAY'.
TWO THOUSAND.
4to 1 agst Otydesdale (taken)
sto 1 apt' Brother to Marchioness (taken)
CHESTED OUP.
20 to 1 apt Bank Bonny (take 22 to 1)
25 to 1 agat Blackthorn (ofFered)
25 to 1 agst Brother to Marchioness (taken)
25 to 1 agst Melissa (taken)
25 to 1 agat Adarnas (taken)
40 to 1 agst Vanity (taken)
250 to 5 apt Lazy Lass (taken)
LIVERPOOL STEEPLECHASE.
12 to 1 agst Jean du Quesue (taken)
100 to 0 agat Harry Lorrequer (taken)
10 to 1 agst Lough llawn (taken)
20 to 1 agst To Moody (taken)
25 to 1 agst Morgan Rattler (taken)

Farmers' and Tradesmen's Steeplechase of 3
.................•
OUNDLE STEEPLECHASES- - PitIDAV.
The Farm
each, 1 ft, with a purse added. About •
three miles.
Mr. Charlton's Ingmnar, aged, 12st nbmr. Smith) 1
Mr, Wray's Blemish, 4 yrs, list 51b (Mr. F. Won) 2
Mr. Percival's The Hack, aged, 12st 71b ...(Mr. Gordon) 3
Betting 2 tel lon Ingotnar.sovs.
Won by two lengths. The
1:19:k finished about 20 lengths behind Blemish.
The Grand Handicap of 10 soya each, 5 ft, and 2 only if
declared, with GO added ; the second to save his stake.
About 4 miles. 17 subs, 6of whom declared.
Mr. Dart's E,ington Lass, 9st ..................... (Stevens) 1
Mr. W. Beville's Althorp, Set 1.31 b .... (Kr. W. Seville) 2
/Halter crossing Mr. John's The Minor, lOst 91b..,.................. (James) 3
sham, Maley. Lilfor 1, and The Fox.
The following also ran :—Old Dog Tray, g
Mcluiniroer,ofsßtoenl-
- Lilford and
Betting --3 to 1 each
loneaacbhgya:thezhaAslitflat
athoi theonlArdeptptka:n:drTh
pT.r
:piaja il
01
Dog
Tray
up
and finished
some
g the
brook the first time. The pace was good throughout.
The Club Stakes of 10 sovs each, half ft. Three miles
others
thew e were
fence
11 subs.
pasaEogavv:s jets
DertTgyhs thie°bxenapoFdorsotxe. Lass.
ig
fourth.
61TheittWolengths Foxfrhe fell
Viscount Talon's magoagelding, list 71b (Mr. Goodman)l
Painter. llst7lb ... Oar, I.* Captain Talbot's The • Ington) 2
Captain Lawley 8 Ma ,
, rah= list 71b
Mr. Brown's Moses, list 71b (Mr. NV% Seville) 4
Betting-5 to 4on the Painter, 2to 1 Liget Ate,_
'
four lengthy , 8 3to 1
• •
agst The Magnet gelding. Won by g bad third.
Moses was last throughout.

the
apparatus
necessary
Ferukh Khao, the Persian ambassador, has ordered
from a Paris manufacturer
iny
fpoerrstiah.e establishment of an electric telegraph
[ADVERTISEM EMI—The indefatigable researches of Dr.
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thehappiestpeo knownleineinwooirvldili,seodf whose very existence
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Dr. Livingston found their staff of life to be the Revalenta
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-Y testi-
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gain of 580, or near 50 per
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powered to suspend either wholly or partially the
functions of the ordinary criminal courts, to es-
tablish martial law, and also to direct the imme•
diato trial by courts-martial of all subjects who are
taken--(1) in arms in open hostility to the British
G )vernment ; or (2) in the act of opposing by force
of arms the authority of the same ; or (3) in the
actual commission of any overt act of rebellion
against the State ; or (4) in the act of openly aid-
ing and abetting the enemies of the British GJ-
verDment.

" 9. Neither the effect of martial law nor the
mode in which courts-martial are to ba constituted
under the regulation has ever been defined. But it
seems clear that eourts-martial cannot, b 3 composed
of any but military officers, for there is nothing in
the regulation to show that courts-martial as therein
described can be otherwise constituted.

" 10. Moreover, it should be brrne in mind that
in Bengal, beyond the limits of the jurisdiction of
the Supreme Court, there was no regulation which
provided for the punishment of treason or rebel-
lion, and that the Mahomedan law, which in the
absence of express regulation constitutes the cri-
minal law of the country, does not provide any
specific punishment for such crime. Regulation
X. of 1804 rendered a person guilty of treason or
rebellion liable to the punishment of death only in
the event of his conviction before a court-martial ;
and even a court-martial under that regulation had
no power to try for treason or rebellion unless the
offender was taken in arms in open hostility to the
British Government, or in the act of opposing by
force of arms the authority of the same, or in the
actual commission of an overt act of rebAlion.

" 11. The power of trial by court-martial did not
extend to persons guilty of rebellion unless taken
in the actual commission of an overt act.
"12. Under these circumstances the Govern-
ment might have been much embarrassed had
Indian martial law alone been relied upon, and
seeing that the number of military officers at the
disposal of the Government was in many parts of
the country wholly insufficient for the summary
trial of mutineers and rebels, the Government of
India took a course much more effectual than the
establishment of martial law. Having first by
Act No. VIII. of Iss streug.hened the hands of
officers by giving them greater powers for the
assembling of courts-martial, and by making the
proceedings of these courts more summary, the
Government adopted measures which should give
them the services not only of their own military
and civil officers, but of independent English gen-
tlemen not connected with the East India Com-
pany—indigo planters and other persons of in-
telligene.) and influence. These measures were as
follows :

" 13. On the 30th May, when it was known that
the mutiny of the sopoys had been followed in
many places by rebellion of the populace, Act. No.
of 1857 was passed. By this law persons
guilty of rebellion or of waging war against the
Queen or the Government, or of aiding or abetting
therein, were rendered liable to the punishment of
death, and to the forfeiture of all their property,
and the crime of harbouring rebels, &c., was made
heavily punishable ; the Supreme and local Exe-
cutive Governments were empowered to issue a
commission in any district in a state of rebellion
for the trial of rebels or persons charged with any
other crime against the State, or with any heinous
crime against person or property; the commis-
sioners were empowered to act singly, and were
vested with absolute and final powers of judgment
and execution without the presence of law officers
or assessors ; and, finally, the posssession of
arms in any district in which it might be pro-
hibited by the Executed Government was made
penal.
"14. By Act No. XIV. of 1857, passed on the
6th June, provision was made for the punishment
of persons convicted of exciting mutiny or sedition
in the army, the offender was rendered liab!e to

the punishm—ent of death and the forfeiture of all
his property, and persons guilty of hat bouring such
offenders were made liable to heavy punishment.
Power was also given to general courts-martial to
try all persons, whether amenable to the atticles of
war or not, charged with any offence punishable by
this or the preceding Act; and the Supreme and
local Executive Governments were authorised to
issue commissions in any district for the trial, by
single commissioners, without the assistance of law
officers and assessors, with absolute and final power
of judgment and execution, of any crime against
the State, or any heinous offence whatever ; the
term heinous offence' being declared to include
every crime attended with great personal violence,
or committed with the intention of forwarding the
designs of those who are waging war against the
State.

" 15. By Act No. XVI. of 1857 all heinous
offences committed in any district under martial
law, or in any district to which this act might be
extended, were made punishable by death, trans-
portation, or imprisonment, and by forfeiture of all

property and effects.
" 16. These enormous powers have been largely
exercised. Th©y have bee❑ intrusted not to military
officers only, but to civil officers and trustworthy
persons not connected, with the Government, who,
under martial law properly so called, would have
had no authority ; and the law has thereby been
put in force in parts of the country where there were
few troops, and no officers to spare fur such pur-

pose.
" 17. In all the three above-mentioned Acts,
Nos. XI., XIV., and XVI., European British
subjects are expressly exempted from their opera-

Lion.
" 18. By Act No. XVII. of 1857 power was
given to session judges, and to any person or per-
sons, civil or military, to whom the Lxecutive Go-
vernment might issue a commission tor the pur-
pose, to try for mutiny or desertion any person
subject to the Articles of War for the native army,
with final powers of judgment and execution.
Police officers were empowered to arrest without
warrant persons suspected of being mutineers and
deserters ; and zemindars and others were made
penally responsib for giving early intelligence of

* 16th and 25th of May. ± 16th of May and Ist of June.
::: 28th of May. § 27th of May, 4th and 12th of June,
II 12th of Juue. ¶ 30th of June. I!. I.' 10th of August.

working of the Acts would have Wen very much
impeded if a special commissioner could no`, be
appointed excfpt by Government. It was there-
fore considere 1 necessary in many cases, while the
power of communicating existed and before the
telegraph wires were cut, to invest the principal
officers, such as the Chief Commissioners, the Com-
misqoner of Nagpore, Commissioners of districts,
cir,c., with the power of appointing special commis-
sioners under the Acts.

"25. It afterwards came to the knowledge of
the Government, both officially and through private
channels, that in some instances the powers given
to special commissioners were being abused, or at
least used without proper discretion, and that capi-
tal punishment was inflicted for trivial offences
committed during a period of anarchy, and on evi-
dence which, under ordinary circumstances, would
not have been received, and that in some quarters
the fact of a man being a Sepoy was enough, iu the
state of excited feeling which then prev:►iled, to
insure his apprehension and immediate execution
IA a deserter.

" 26. There were then many native officers and
soldiers of the Bengal army who, though absent
from their regiments, were wholly innocent of the
crime of desertion, and some who, so far from being
guilty of mutiny, had used their best endeavours
to prevent it, saving the lives of their Europeau
officer 3 at the risk of their own.

"To punish these men indiscriminately with
death as deserters or mutineers would have been a
crime. To prevent their punishment was an im-
perative duty of the Government.
"28. The instructions in question were issued for
the guidance of civil not military officers, and were if
necessity iu force only where civil power was exer-
cised. They prescribed discrimination between the
guiliy and those who might reasonably be supposed
to be innocent. They sanction no lenity to the
guilty. They give to the civil authorities no power
of finally releasing even the innocent. They do not
exempt mutineer or deserter, or in fact any officer
or soldier, from trial by courts-martial ; but as re-
gards military offenders they lay down rules for
the guidance of civilians in the exercise of the
poweis newly vested in them by Act XVII. of 1857,
by which cognizance was the fir,it time given to
them of offences of a purely military character.
" First, in regard to men belonging to regiments
which have not mutinied, the civil authorities were
directed to punish as deserters those only who were
found with arms in their hands.>lf guilty of rebel-
lion they could be punished as rebels apart from
their military character ; but if charged with or
suspected of desert'on alone, and not found with
arms in their possession, they were to be cent back
to their regiments, or detained in prison pending
the orders of the Government. If sent basic to their
regiments they would of course be dealt with by the
military authorities according to their guilt or in-
nocence.

" Second, in regard to men belonging to regi •
monts winch have mutinied but which have not
killed their officers or committed any other san-
guinary crime, or whose regiments cannot be as-
certained, the civil officers were directed to punish
as mutineers only those who were found with arms
in their possession, or who were charged with a
specific act of rebellion, or whom for special reasons
it might be necessary to punish forthwith. All
others were to be sent to Allahabad, or to such

Other place as the Government might order, to 13.3
dealt with by the military authorities.
" Third, in regard to men Monging to regiurnts
which have mutinied and killed any European, or
committed any other sanguinary outrage, the civil
authorities were directed to try and smtence as
Mutineers all such persons, and to punish forthwith
all who could not show either that they were not
present at the murder or other outrage, ox that if
pr€sent they did their utmost to prevent it. Th se
exceptional cases were to be reported to the Go-

vernment.
"29. It has not been found that these orders are
difficult of execution, or that they have tended in
the least degree to weaken the bands of the civil
power in dealing with those who have been really
guilty of mutiny or desertion, to say nothing of
graver crimes. If they have saved innocent men
from unjust punishment their object has been so
far attained. Upon the action of courts-martial, or
upon the proceedings of any military authority
whatsoever, they neither were intended to have,
nor have they had, any restrictive effect. Their
tendency, on the contrary, so far as military tri-
bunals are concerned, is to extend the jurisdiction
of those tribunals and to transfer to them cases
which in ordinary course would have been dealt
with by civil officers. They impose no labour upon
the European troops, the transport of the arrested
men to Allahabad or other military stations being
assigned to the police or local guards.
"30. In regard to the treatment of rebels not
being mutineers, we warned the civil authorities to
whom the power of life and death had been in-
trusted, that though it is unquestionably neces-
sary in the first attempt to restore order in a dis-
trict in which the civil authority had been entirely
overthrown to administer the law with such
to promp-
faemaronl
titude and severity as will strike
the people,
into thy
abstain
will deathand
minds
he
evmi - dhiys p otsheed
from plunder, to restore stolen o
,property, and to
return to peaceful occupations
object wets great
s once in a
'the punishment of
climes degree attained, that
with discriminationand should be regulated
after pointing out the di
ilia the 10th paragraph,
b be caused by the culties that would
administrationpro-
of the law
in its extreme severity after the requ'site impre3-
sion had been made
i
orderly, and after orde ir had beenrebellious
partially restore',
store ~
wo desired the civil authorities
to encourage an
persons to return to their occupations, postponing
all minute inquiry into past political offences, 1 u
punishing the principal offenders, and making
examples of those who after thepartial restoration
of order might be guilty of serious outrages, or o'
promotin the designs of the rebels.
"31. We cannot bel'eve that these instructions
need defence. They are addressed only to civil
authorities ; to men who, scattered far And Rid,/