The Sun.
London, England, 1867-04-19 00:00:00

member. " Life assurance saves from income to
secure a future capital. Army purchase sacritices
an existing capital i❑ exchange for an income." In
many instances the family of an officer has been
considerably impoverished by a costly purchase
shortly before their deaths, and the present system,
says our author, puts the fortunes of families at
hazard on a precarious life tenure in a manner quite
unknown to other professions. The purchase sys-
tem entirely failed to meet the exigencies of recent
wars, and is, in fact, simply indefensible on every
ground of theory and practice. Sir C. TREVELYAN
denies that, under a change of system, the army
would cease to furnish suitable occupation to young
men of wealth or position. On the contrary, he
believes that such attractions would be increased
only to the exclusion of the idle and incompetent,
who ought, under any circumstances, to be kept
out of the public service. The manner in which he
proposes to remodel the system, and his criticisms
on the present method of recruiting the army, we
propose to consider at another opportunity.

We arc not surprised to find that the recent ex-
traordinary proceedings of the Jamaica Committee
should have elicited many remarks, and called at
tention generally to the subject of the law as it
stands in relation to those situated similarly to Mr.
EYRE and his friends. An able criticism has lately
appeared in a Scotch paper, which offers some sug-
gestions worthy of notice, and which can hardly
fail to attract the notice of those who haire been scan-
dalised at the course pursued by the prosecutors in
this affair, and disappointed at the condition of the
law which permits such an anomaly to take place.
It is really not very much to be proud of that al
our boasted contrivances for the freedom of the
subject should result in the fact that individuals in
no way connected with certain parties who have
paid the penalty of their crimes should be able to
bring forward charges against individuals who have
been in the service of their Sovereign, and dis-
charged their duties to the best of their abilities.
In the cases of Mr. Eves, Colonel NELSON, and
Lieutenant BRAND, their lives were put in peril
" for the purpose of clearing up some intricate point
about martial law," as the critic referred to justly
puts it. The errors that result from such a thing
are apparent to all who consider the points atten-
tively, and one notable instance of inconsis-
tency is that the accused has no opportunity
of answering the charges brought against him
in the event of the trial not coming off. It is worth
dwelling upon the very different manner in which
the Scotch have arranged such affairs, and perhaps
the most noticeable change is that they have a pub-
lic prosecutor. The Lord Advocate has besides
the control of all criminal prosecutions, and can
decide in which court they shall be held, as well
as directing when they shall take place. Under
the conditions imposed we think it would have
been next to impossible for those whom the Jamaica
Committee thought proper to designate as mur-
derers to have been brought into a court at all
and surely this is a decided proof in favour of the
Scotch versus the English system.
So far as the cases immediately referred to are
concerned, if the Government of the day, be they
composed of whatever politicians soever, are not
fully competent to decide upon the fitness of this
or that Governor, or this or that officer, they are
not fitted to hold their position, and the sooner
they find it out the better for themselves and
others also. It is perfectly absurd, besides being
strangely unsuitable, that a man in the service of
the Crown should have to choose between being
tried by court-martial for refusing to obey
orders, or else indicted on a charge of mur-
der before a Criminal Court for obeying those
orders. It is all very fine for the initiated to talk
of the ignorance of novices, and the difficulty, if not
the impossibility, of making them understand the
legal technicalities, and such matters ; but common
sense and the love of fair play are alike insulted by
the present state of our laws in this respect. The
disputes that have arisen about martial law are
also very unfortunate ; but it is a sad reproach to
our intellectual age if the solution of the problem
requires the sacrifice of the innccent, and, like the
Moloch of old, human victims must be offered up
in propitiation. The only excuse that the Jamaica
Committee condescended to give for their persist-
ence in their course was that it was very desirable
to have the matter cleared " up as to whether or
not martial law" was permissible ; but even that
flimsy pretext has not availed them. It is quite
.sitat e of l a
t i
twthings bey
extravagantanother
iddi ls
se i tnon
.1 ar, judge
andm
one
imagine as suitable for the dwellers in this country,
it would be equally appropriate to define as neces-
sary and expedient to resort to in emergencies like
those of theJanaaicaoutbreak. The best proof of th©
incompleteness of the charges that were brought
against those we have referred to is, that they could
not have passed the preliminary stage to which they
Would have been subjected in Scotland. Another
argument against our mode of conducting affairs is,
that this idea of individuals, in no way
concerned
in the matter, is quite exceptional ; and, indeed,
we may wait for another generation to pass, and
then not see another instance of public servants
being assailed by private prosecutors. England
knows that it was in consequence of the outcry
which was raised by the fanaticism of Exeter Hall,
and found an echo in the minds of those who should
have known better than to entertain such folly,
that the Jamaica Committee, as it is and was pre-
tentiously styled, had existence at all.
A State prosecutor would be a great advantage
in our legal system, and it is indeed amazing that
so much prejudice should be found against the
adoption of so important a scheme. Sooner or later
we have have no doubt that the change will be
made, but meanwhile it is a standing reproach to
our judgment, and a signal proof of our per-
versity, that the example of others should be
scrupulously and sedulously avoided, when it
is seen to conduce to the advancement of
public interests, and the protection of
private individuals, besides answering the end in
view, namely, the promotion of justice, and the
detection of crime. Those best informed on the
subject, and those well-qualified to judge from ex-
perience, have always been in favour of the plan ;
and hence the hindrances interposed by some, and
the objections raised by others, are the more un-
suitable and inconsistent. IVe think that the Ja-
maica Committee are for ever disgraced before their
countrymen, for the course they have chosen to pur-
sue in this matter; but it must also be affirmed that
the state of the law was very unsatisfactory which
enabled them to carry out their outrageous proceed-

Out of evil cometh good has often and often
been affirmed, and it would he some sort of satis-
faction, at any rate, to think that the recent vexa-
tious proceedings against Mr. EirtE and others
should have resulted in some beneficial changes
being introlluced into our laws, so that in future
the vital principles of justice should not seem con-
fused, but that all prejudiced or otherwise, as the
case may be, should be compelled to take a fair and
straightforward course, and do nothing rash or
hastily.

A letter in the Liberti, dated Madrid, April 14,
says :—"lt was known herb to-day that the English fleet
was cruising before Cadiz. The journals have been inter-
dicted from publishing the nmu."