New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-02-06
MILITARY INQUIsITlONs.


in the Island of Jamaica-the proceedings
Of which We published a few days since
has, We ore well pleased to observe, gained q
general attention among the American people,
and is awakening thought upon the subject OF
these military inquistions in such Kramer as
leads us to hope that the wholesome lesson this
instance Of their operation contains will not be
UNDECIDED. The consequences OF the de-
parture from the ordinary and accustomed
procedure Of the law, conspicuous in the
case Of Gordon, have an impressive and
warning suggestiveness to our people at the
present time; and the minds Of thoughtful and
truly patriotic men are not unprepared for the
truth which the circumstances Of that case
reveal and enforce. We confess TO pref
erence for the well-understood principles
of the common Law, and the calm and orderly
conduct prescribed by civil procedure. We ad-
nit that the Court Martial is quick and certain
in securing result; but il does not fulfill our
idea Of what law is Sir Matthew Hale said
that martial law is no law-it is force" and
that is our conviction; and il is the enlightened
opinion of every good lawyer and Chris
tian statesman that Europe or America
has produced. 1t is suited to the camp,
and those who adhere to the camp.
When it is extended beyond the sol
der, and reaches toward those who are in
civil life, it is for the analogous reason and
necessity that the country, by condition Of
actual, open, public war; has become camp,
and civilians, during its actual continuance,
stand in the relation of soldiers. But this
extension Of jurisdiction, which arises from the
instant, overwhelming and present necessity of
the case is tolerated only so long az the imperi.
Gus necessity exists. When it is continued
beyond this necessity, the ends Of law as q
human institution are subverted; and citi-
zens, instead of being instructed in their
duty, and deferred from crime by salutary
example, are appalled, and disguised at
a terrorism which inyades the sanctuary Of
justice and prostitutes its sacred functions to
the accomplishment of wrong. And therefore
it is that the facts. incidents and surroundings
of the proceedings in Gordon's case excite the
deepest cOmmiseration for the victim of that
and impel us to express our EN-.
photic condemnation Of those who instigated
and conducted the Court-Martal and TO pro.
nOunce q thorough detestation Of the nature a. d
character of tribunal which could be made
productive of such iniquitous results.
We know that in the midst Of arms the civil
law, by necessity, must remain imperative; yet
we also know that this is never stated as iusti-
fication, but urged as an excuse, for the Court
Martial. The necessity alone, it will be per.
ceived, excuses the existence and continuance
of such tribunal; and its jurisdiction is limited
and confined to that necessity. Where this pc.
culiar tribunal is pressed or permitted to range
beyond the strict lines of the discipline of the
camp, or otherwise than in the presence of &C.
q civilian, whose offensc, if any, was cognizable
and triable in the ordinary Courts of Justice
this extraordinary creature, emanating AZ il
loes from mere arbitrary power, seldom fails to
be the instrument of wrong, either by carrying
into effect On original intention to convict, or
by considering and determining the case by no
lions which Edmund Burke characterizes as
belonging to the monstrous doctrine of a
% criminal equity"
One or two of our cotemporaries, we find,
have been led to look upon the verdict of this
Jamaica Court.Martial as merely preju.
diced, hssty, ill-considered, and, therefore,
erroneous conclusion of a legally constituted
and competent Court, acting within its legiti.
nate sphere, and as Court quite appropriate
70 such case upon principles OF law. This Isl