The Sun.
London, England, 1867-04-10 00:00:00

THE SUN, LONDON, WEDNES Y EVENING, APRIL 10,. 18617.

OLD COURT.

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Central Criminal Court—(This Day).

TIIE JAMAICA REBELLION.

This morning the Lord Chief-Justice of England
attended at the Central Criminal Court to charge
the grand jury with respect to the indictment pre-
ferred against General Nelson and Lieut. Brand,
charging them with the wilful murder of Mr. Gor-
don. The court was crowded in every part, and
when the learned judge took his seat on the bench
he was accompanied by Mr. Baron Channell. There
were also on the bench—the Lord Mayor, Ear]
Granville, Aldermen Copeland, }lnnis, Moon, Rose,
Lawrence, Gibbons, and Besley, and Sheriff Water-
low and Sheriff Lycott.
The jury having entered the box,
His lordship said,—ln consequence of the learned
Recorder having taken part in certain inquiries that
had, been made into matters in connection with
which an indictment for wilful murder was pre-
ferred against General Nelson and Lieut. Brand, he
had taken upon himself the duty of charging the
Grand Jury with respect to the indictment. It was
a matter of the gravest importance, and one which
would call for their most serious and attentive con-
sideration. In the year 1865 disturbances broke
out in the island of Jamaica which resulted in the
execution, with others, of Mr. Gordon, whose sen-
tence, it was contended, was against the law, and
consequently Colonel Nelson and Lieut. Brand, who
were officers in her Majesty's service, were to be
held criminally responsible for the consequences.
His Lordship then proceeded to narrate the cir-
cumstances connected with the outbreak in Jamaica,
in which he said 18 persons were killed and more
than 50 wounded. At the time of the disturbance
in the island the white population were a very small
minority, and it was thought desirable that the Go-
vernor, with the advice of his Council, should place
the whole of the county of Surrey under martial
law, with the exception of Kingston. A force of
military was sent, and as soon as the soldiers made
their appearance their presence was sufficient to
quell the outbreak. Martial law was proclaimed on
the 13th of October, after which Mr. Gordon, who
resided a short distance from Kingston, and was
seen there some time previous, was arrested.
It was not necessary to enter into the merits
of the charges brought against Mr. Gordon—that
might occur by and bye—but it- appeared to be the
general opinion amongst all, the white population
that he was the instigator of the rebellion, and an
active accomplice in all that had taken place ; and,
therefore, it was thought necessary and right to make
him responsible for the consequenCes. He was,
accordingly, arrested and put upon his trial at Morant
Bay ; Colonel Nelson being in command of the
military force in that place. The court-martial
before whom Gordon was tried consisted of Lieu-
tenant Brand,•Lieutenant Errington, and Ensign
Kelly. He was found guilty of high treason, and sen-
tenced to suffer death. The sentenc3 was
sent to Colonel Nelson for approval, and by him it
was transmitted to General O'Connor, and, finally,
it was submitted to the Governor, who approved of
it, and it was accordingly carried into effect. It
was in respect of that execution that the present
proceedings arose. The first question that pre-
sented itself for consideration was whether the
Governor had authority to proclaim martial-law
under the circumstances which he did, and that they
would find to be a question of the greatest import-
ance. A governor, as such, had no such power until
some proceedings, either imperial or local, giving
him the required authority to do so. There were
two classes of possessions of the British Crown

called Crown colonies and settlements. Crown
colonies were those dependencies acquired by
conquest or cession, in which the power of the
sovereign became absolute, the inhabitants being
governed by their own laws. Very different was a
Crown settlement—that was land taken possession
of in the name of the Crown of England. Here
all had the rights of Englishmen, and every subject
of the Crown proceeding there took with him
that which no Englishman' could forfeit, viz.—his
allegiance to the Crown. llc took with him all the
rights and liberties, and became entitled to all the
privileges such a position gave him. it would,
therefore be necessary to ascertain in what position
Jamaica stood; either it was a Crown colony or a
Crown settlement. The matter was referred to in
Cumming's " Digest," and also in Clarke's able work
on Colonial Law. Jamaica was acquired by con-
quest by the English from Spain. An attempt was
made to regain the island by the Spanish, but it was
unsuccessful. After which the whole of the Spanish
subjects who remained after the conquest, and who
fled to the mountains, quitted the place, and Charles
the Second soon afterwards issued a proclama-
tion confirming all the rights of Englishmen,
or those person proceeding thither, and from all
the authorities be had been able to consult, he had
arrived at the opinion that Jamaica was entitled to
the privileges of a settled colony, because, when the
English family went there, they found neither
Spanish subjects, laws, nor authority. After this
the Assembly of Jamaica and the British Govern-
ment for years disagreed with respect to the right
of the one to tax the other, until, in the reign of
George 11., the laws of England were formally de-
clared to be in force. With respect to mar-
tial law, it was right to clearly understand
what it was, and how it was to be declared
in form. It appeared clear that it could only be
declared in existence by the authority of the Crown
and Parliament, and that no person, on his own
responsibility, has the power to proclaim it. The
greatest uncertainty also existed as to the powers
defined as martial law—law it could scarcely be
called at all, because it over-rode all law, and it was
but right and high time that it was brought to the
test of judicial settlement ; and if it was found to be
such as it at present existed, then it was time that
Parliament should interpose to put a stop to a
power so arbitrary and despotic, and clearlyt
lay down for the future what was to be
the law. There was the greatest difficulty in the
case ; bdt before such doctrines as those with which

they were acquainted were accepted, they ought to
examine the matter most minutely. They ought
never to forget that a rebel—one guilty of high
treason—before he was convicted, had a right that
his life should be held sacred until after his convic-

tion. This safeguard was essential, as it was the

essence of justice, and it prevented men being
treated arbitrarily in times of trial and passion.
What he wished to arrive at was, whether there
was such a thing as martial law, in the sense they
understood it, known to the law of England.
He had looked through everything that bore upon
the subject, and the first instance he found recorded
was in the reign of Edward 11., but there it was not
such as we understand the term. Then, again, a
case was found in the reign of Richard IL; during
that time many of those taking part in the proceed-
ings of Wat Tyler were put to death without any
form of trial. Then, again, in the wars
that occurred between the houses of York and

Lancaster, those taken on the field of battle were
put to death by some sort of tribunal similar to
that we now call a court-martial. An instance was

be found in the reign of Henry VII., but it was

not such as they were familiar with, because it was
not an instance where a prisoner was brought to
trial after the rebellion was suppressed. Queen

Mary and Queen Elizabeth both issued proclama-
tions declaring martial law, but it appeared to be
clear that in many cases they were issued in ter roreni,

and had they been carried into effect in the manner

indicated it would have been in violation of all

powers of the Crown. Then, again, martial law
was threatened during the apprentice riots in the
City of London, but had it been carried into effect?

Queen Elizabeth must have gone beyond the power
which the constitution gave her. He had searched,
he believed, every case in which instances of martial

Law were recorded, but he could find none
in which it had been carried into force

in putting down rebellion in this country.
With respect to military tribunals known

as courts-martial for the trial of military offences,
they were all conducted with even justice and high
honour. An officer in command had a right by

law instantly to repress mutiny by force, but
whether that system could be applied to the
trial of civilians was a matter that required
the most careful and calm consideration. He

had also examined the law on that matter, and
such information on the subject as he had acquired
he would at once convey to the jury. His lordship
then referred at great length to the authorities on
the points, and concluded a charge remarkable for
learning and research with an assurance that the
jury would view the whole of the matter in that
spirit of justice which had rendered the name of
England great and glorious throughout the civilised
world.

The jury then retired to consider the evidence
offered by the prosecution.

Cession of Russian America.

It appears by telegrams from Washington and
St. Petersburg that the Governments of the United
States and Russia have agreed to the terms on which
the EMPEROR will cede the Russian dominions in
America to the United States. So far as the Go-
vernments go the matter is determined ; but the
PRESIDENT of the United States cannot conclude a
treaty unless sanctioned by two-thirds of the
Senate, assembled in their Chamber. An extra
session of that body was called, and the matter sub-
mitted to it. It was reported from New York on
the Ist April that the temper of the House appeared
to be unfavourable, and that the terms would be
fully debated before action was taken. The sum
fixed by the treaty, which resolves itself into a
simple purchase, is seven millions (dollars). We
presume, therefore, as the question is one of money
that it must also be discussed in the House of Re-
presentatives. The cession of this territory created
a feeling of surprise and alarm among British diplo-
matists, and threw the Embassy at Washington into
a state of consternation. Yet it was known that the
American and Russian Governments have long been
in negociation on this subject ; indeed, before
British Columbia was a colony and California
a State. People imbued with the AIoNuoE doctrine
would naturally wish to conclude such a bargain
irrespective of the value of the territory purchased.
Russia is a despotism ; and a despotic Government
with a footing on North American soil is not an
agreeable idea to the American mind. It is pro-
bable, therefore, that the proposed cession will find
many supporters in the Union who may be fully
impressed with the worthlessness of the land ceded.
Up to the year 1863 this territory was leased to a
company of fur-traders, called the Russian-Ameri-
can Company. The gradual extinction of the fur-
bearing animals has deprived the tract almost of its
only value. The capital Sitka, or New Archangel,
is situated on a fine harbour of the largest island
of George M.'s archipelago. It contains 1,590
inhabitants, among whom reside the governor and
the chief officers of the fur company. There are
about a thousand Russians in this land, some
Esquimaux dwell in the extreme north, and a few
nomadic tribes of Indians wander over the sterile
wastes. The harbour of Sitka is well placed for a
naval station, and is a commanding outlet for the
Japan trade and with the eastern countries of
Asia. This wild and ice-bound territory is thus
described by INIALTE Bet N :—" Above a range of
hills, covered with pines and birch, rise naked moun-
tains crowned with enormous masses of ice, which
often detach themselves, and roll down with a
dreadful noise into the valleys below, which they
entirely fill up, or into the rivers and bays, where,
remaining without melting, they rise in banks of
crystal. When such a mass falls the crashing
forests are torn up by the roots and scattered to a
distance, the echoes resound along the shores with
the noise of thunder, the sea rises up in foam, ships
experience a violent concussion, and the affrighted
navigator witnesses, almost in the middle of thesea,
a renewal of those terrific scenes which sometimes
spread such devastation in Alpine regions. Between
the foot of these mountains and the sea there ex-
tends a strip of low land, the soil of which is
almost everywhere a black and marshy earth. This
ground is only calculated for producing coarse,
though nutritious, grass and small plants. Some of
the marshes hanging on the side of the hills retain
the water like a sponge, while their verdure makes
them appear like solid ground ; but in attempting
to pass over them the traveller sinks up to the knees.
Nevertheless the pine tree acquired a great size
upon these gloomy rocks. Next to the fir the most
common sp'cies is the alder. In many places
nothing is to be seen but dwarf trees and shrubs.
Upon no coast with which we are acquainted have
there been remarked such rapid encroachments of
the sea upon the land. The trunks of trees that
have been cut down by European navigators have
been found and recognised after a lapse of ten
years. These trunks are found sunk in the
water with the earth which supported them."
Every fresh accession of territory to a great power
is regarded with extreme jealousy ; and England,
which has absorbed more than any other, is not free
from this feeling. The country cannot have been
of any value to Russia. It may be of some use to
the United States, if not materially, at least morally.
She has a right in this legitimate manner to fulfil
her " manifest destiny" if Congress considers the
land worth the price. There appears to be a dispute
between Great Britain and Russia regarding the
boundary, and this is the only question of any real
importance to England. It would be gratifying to
us to see the whole of North America, from the Rio
Grande and the Gulf of Mexico up to the North
Pole, come into the possession of the Anglo-Saxon
race; and we believe that the sooner all this conti-
nent falls into the hands of the branch that can
make the best use of it the better it will be for all
parties. People begin now to discover that a large
portion of British Columbia is shut out from the
Pacific seaboard, as if the proposed cession in any
way altered the boundaries of the colony. What
British Columbia was before British Columbia will
remain, with the only difference that a more active
and energetic race will be the owners.
On the subject of this cession the Russian organ, Le
Nord, says : The Transatlantic telegram announcing
the meeting of the United States Senate in order
to receive communications of a treaty for the cession
of Russian America contains nothing which ought
to surprise us. The cession, if we are not mis-
taken, is the consequence of negotiations dating
back several months. It is easy to see the mutual
advantages that Russia and the United States must
derive from such a transaction. These American
countries, hitherto all but unproductive to Russia,
owing to their distance from the centre of an empire
already so vast will be more easily vivified by
Yankee expansion ; and the current of colonisation

and commerce which will ultimately be established

between the Asiatic and American seaboard of

the Pacific will powerfully aid the prosperity of

Eastern Siberia and the basin of the Amoor."—

Anglo-American Times.

SHIPPING INTELLIGENCE.

(By Telegraph.)
GMAXESEND, Wednesday Morning.
Arrived, April 9.—Citizen, steamer, from Bordeaux ;
Lincolnshire, from Melbourne ; Trio, from NaSBa3.
Arrived, April 10.—Velocity, steamer, from Calais ;
Holland, steamer, from Ostend; Marys, steamer, from
Gothenburg.
Sailed, April 10.—Sir Robert Peel, steamer, from Dun-
kirk ; Concordia, steamer, for Boulogne ;- Belgium, steamer,
for Ostend ; Chevy Chase, steamer, for Dunkirk.
_ _

DEAL, Wednesday Morning.

Passed.—Sydney Hall, screw steamer, from Canaries ;
Mersey, screw strainer, from the west ; Tyburnia, from
China; Oriental, from Demerara ; Skimmer of the Wave,
from Colobo—all for London.

Anchored.—Albatross, from Oporto, for London.
Sailed.—Joseph Jurne, Forester, and the rest of tho
homeward bound, for London.

INTERESTING FACT.—The follJwing singular apd anthen-
t:c case of restoration of the hu.nan hair is worthy of obser-
vation, more particularly as it relates to an article of high
and universal repute during the last half century. Mr. A.
Hermann, of Qucen-street, Soho, had been quite bald for
some time past, and had tried various preparations for the
recovery of his hair, but without any beneficial result. Ile
was then induced to try the effect of "Rowlands' Macassar
Oil," and after daily applying it for about two months he,
much to his gratification, had his hair quite restored, and
now possesses a beautiful head of Lair. This fact speaks too
strongly for it: elf to re intro coininent.

The workmen at Chatham dockyard have com-
menced the construction of a large iron caisson in-
tended for the entrance of No. 3 dock, in which the
armour-plated turret-ship Monarch, 6, 1,200-horse
power, is building, to take the place of the wooden
cofferdam and caisson now in the dock.