The Sun.
London, England, 1866-06-23 00:00:00

Liverpool Cotton Market—(This Day.)

The market opens strong at to advance.
Sales probably 15,000 bales.

-
The Late Inquiry at Jamaica.

The Report of the Jamaica Commissioners and
the despatch of Mr. Cardwell are now before the
public, and, in our opinion, they tend to exculpate
Governor Eyre on an important point on which he
is condemned. The position in which the Governor
was placed at the outbreak of the rebellion is
minutely described, and the Commissioners consider
him to be entitled to praise for his prompt, judicious,
and energetic action. As a proof of the forbearance
with which he acted, instances are recited it which
he resisted atJempts of other officials to extend the
jurisdiction of martial law ; and they commend his
calmness and self-command in the panic and in de-
clining the aid of the Governor of Cuba.
Both the Colonial Secretary. and the Commis-
sioners condemned most strongly the excessive
severity with which martial law was administered,
and it is on this point that Governor Eyre is cen-
sured. Mr. Cardwell undertakes to explain the
object of martial law, and it is a pity that he did
not proceed further and explain what martial law
is. It is very easy for us to sit down at home,
with a sheet of 'paper before us, and theorise on the
proceedings of men compelled to act in grave emer-
gencies; but there are few of us can tell until we
are tried how we would act ourselves. Indeed, the
same man will not always act in the same way
when the circumstances which call for action are
precisely similar. The main point, however, is this
—it is the naval and military authorities who
convened those courts, and carried out their sen-
tences, who are responsible for the atrocities they
are said to have committed, and not the Governor.
The declaration .of martial law in a district means
the suspension of all law there, and the substitution
of the will of the officer commanding the troops.
On that officer, so long as absolute power remains
in his hands, rests also the responsibility. The
officer on whom this duty must devolve is
nominated by the Horse Guards, not by the
Governor. It is in that officer's power to
hang, shoot, or pardon men at his pitasure
without any form of trial whatever. Most forms
of trial under martial law are a mere farce. it
must 1:le clearly understood that martial law does
not mean military law ; military, as well as civil
law, being suspended under its operation. If the
nation decrees that in times of revolt such a system
should be permitted to be in force in a district, it
should decree also that those who administer it
should be responsible for the use they make of their
power. A civil Governor, away from the spot, can
exercise very little control. Theoretically he may
be supposed to do so, but practically he cannot.
He may suspend the law, but he cannot control its
working while it is in force. The late Lord
Canning earned a high [and just meed of
praise for his humane conduct during the Indian
Mutiny ; yet, we ventute to assert, that
there are scarcely any instances on re-
cord where martial law was administered with
more terrible severity than under his rule in India.
His lordship did everything he couli to stop the
executions, and mitigate the horrors of these punish-
ments, but his efforts were of scarcely any avail,
and he simply gained for himself the titles of
" Clemency Canning" and " White Pandy."
The case of Mr. Gordon is altogether another
affair, and one for whose cruelty and illegality Mr.
Eyre may be highly to blame. But for the ordi-
nary administration of martial law we contend
that the officer commanding the troops, and not
the Governor, is responsible ; and we wish to see
the principle laid down and adhered to, that those
who act, and are alone capable of action—with
these extraordinary powers in their hands—should
be wholly responsible for their administration, and
not permitted for a moment to escape the penalty
of cruelty by a nation —ignorant on the subject—
hallooing on the wrong scent.
A Governor's responsibility consists in proclaim-
ing martial law, not in the administration of it. He
is responsible also for its continuance, and Governor
Eyre may have been justly censured for permitting
it to be continued in Jamaica beyond a necessary
period; but this is an error of judgment, not a
charge of cruelty. Even in this the chief respon-
sibility rests with the officer in command, whose
duty it is to report to and advise the officer admi-
nistering the G overnment.—Anglo-Anterican Times.

Her Majesty's screw troopships Tamar and
Megyera are both hourly expected at Spithead, on
their return to England from rounds of foreign troop

service.