The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-04-30
AN ENGLISH JUDGE ON MARTIAL LAW.
TEE JAMAICA RIOTS.

] d. q -t5 u =
We publish below Q synopsis Of the charge q
the Lord Chief Justice of England to the Gran,
jury, upon the long pending Jamaica trials, whicl
we know will be read with great interest. Th
| charge is in reference to- the action which wa
brought against Colonel NELSON and Iieutena, :,
BRAND, members Of Court Martial for murder, i,
executing Mr.. GORDON, leader. of the Jamaic
riots. Tho delivery Of the Chief Justices charg
extended over six hours, and is regarded by tn,
English papers as a masterpiece Of legal ability
Ihis charge fully sustains the reput alton of th,
English Judiciary, as the great considera ton O
Liberty, and as legal document, viii attract a.
much attention in the United States, as in Eng
land. By the action Of the Grand Jury the officers
employed upon the court martial that ordered Cor
don hung, leave the court without legal stair
upon their reputation and this course secures
Immunity to Governor EYRE. But an authorita:
hve Judicial opinion stamps the court martial as
illegal, and henceforth, throughout the domains
OF Her Majesty, the execution by the military, d
civilians, otherwise than On tho battle field, viii
be simple murder. The. Chief Justice established
the broad principle that the English law recogni.
ses no means for the punishment Of even tho most
attrocous criminals, except by trial BY jury, and
that the maintenance of Justice, should always be
the grand object Of all Government action in the
military as in the judicial branches. i
NIprtIa1 Law De1i nod. .:##
i The Chief Justice commenced with an elaborate
review of the facts Of the Jamaica insurrection
the declaration Of martial law and the execution
already been published. He then passed to the
question Of martial law, and defined what it is and
what it is not. He said: E I7.7', ~
i It was more important to inuuiIe what martial
law vas for Of late doctrines had been put for
Eard to his mind Of the widest and most ssartGng
ish subjects not ordinarily subject to martial law
might be brought before tribunals armed with the
most arbitrary and despotic power andin which
t9ey a mad to upon the guilt or
abandonment of all those rules and principles
which bic we're the very essence Of justice and law.
lS Sneh doctrine as this had been laid down
ture, 50 much so that the term law cannot be
properly applied to it." Again ;'sWhen martial
law is procl3imed the 1aw is the viii OF the ruler,
or rather the will Of the ruler s law Marti al law
!ss 10 short, the suspension Of all Inv" And he
found IN print this startling proposition sWhen
martial law is proclaim ed there is no rule of Law
boundt carry on their proceedinga s5 =
It overrdes all other law. It is entirely arbitra-
ry.n v. d.
These were the doctrines propounded by per
sons Of some authority. It was high time such
doctrines were brought to the test of Judicial de
At all events, of this he was sure, that if that
were the system and law under which British sub
jects could be tried for their liberties lives, it
was time that Parliament should interfere and put
check upon a.jurisdicton purely arbitrary and
despotic. We should never forget that whatevel
might be the charge upon which man was accus-
ed, were he the worst traitor ever brought to the
block, until he was convicted, and his life takon.
he was still subject entitled to those safeguards
that were the very source Of justice. It was i'm.
law without tracing it to it's fountain head.
It was time that Punishment should interfere and
put some check upon q jurisdiction 80 purely arbi-
5ary, desPot1c, and capricious. The difficulty in
statements, there wasno authority at all for any
such doctrine, they were unfounded and untena-
bic, they were misehevous, and he might al1aost
man was accused, though he might be the greatest
rebel till he was convicted, he was still:a subject
and was entitled when brought to Justice to those
which had been found by experience TO be neces-
sary to prevent rash and hasty conclusions, to
prevent rreTerence which had the appearance ol
g9ib beag treated as though the guilt were es-
-, aARTIAI. LAW AS APPLIED TO SOLDIERS. NJ
:lho Lord Chief Justice then entered into ai re-
view OF the gradual introduction Of martial Law in
England, and showed that its adoption was gene
rally regarded as exceptional and was followed by
acts exoneratng the officials resorting to it from
! il the reign Of Henry VIZ, but the whole Of the
proceedings which took place in consequence were
utterly illegal, for it martial law could be applied
that ma @ cold gsen not be bfeushi whi
pressed. slt t \. s::.I.s, a, :. u
when armies left the country for foreign war, the
strictest ordinances and statutes we're framed for
the guidance and rule Of the soldier, TILL in James
ths Seconds e time they assumed the form Of ar.
OF war now in force They were most elaborate
and precise, and no one who took the trouble to
study them could fail to be aware Of the law BY
Earl Marshal had, through the regular procedures
OF the courts OF law, exercised iurs tiction in all
aaIss military :, matters till Henry VII jealous Of the
fee, and subsequently it was hold that the Office O.
Earl Marshal was abolished also. Courts-martia
were then introduced for the trial of military Of
fences, and they had adopted the old procedure O.
High Constable and Earl Marshal. The technicall
t1es Of the ordinary law were dispensed with but
the principles and rules of the ordinary law, Will
regard to the admission and effect of evidence
were acted upon; and perhaps there were no itri
bunals In which justice was administered in {
higher sense by the military tribunals, which exer
martial. n 80 r. :. Ts-5- H. a-s'
MARTIAL LAW AS APpIIED TO CIVILIANS. y.
II that was the law as applied to the soldier, whal
pntiay on board snip s. night sbe 81 pas I down owns q
phce; no one.wa to: wait till cfin1e.had been com
limited in: order to brig thunder the cognzanoe
any mt Of oP H. tnel %sS E
beAecassary;; but that was, not martial law. The
quesdnn5obe considered ins saase was, whetl,
er tne persons noI acGVe1y engaged and who coulC
subjected to Q lay which was entirely exceptional
4 notion having sprung up that there was such {
thing as martial Law, distinct from military law
the ruling Of Cope, Hale and Blackstone had beer
much misinterpreted those .en1iient authorities
never having dreamed Of military law applicabl.
to civilians He had seen lately in print to his un
bounded astonishment, that the Petition OF Righ
Of the tmeof Charles / was Of no efficacy beyond
the shores Of this country, and that it would hay.
no application to the case of martial law proclaim
ed In Jamaica. The individual who wrote tina
must have entirely misconceived the character rant
effect OF this statute. ta';t.** sta .ayH
II thea petition of right was applicahle to tn,
Jamaica. He very much feared ahat it was wha
had been done ID the past during the proclama
ton OF martial Law: that had led to the extraordi
well known that in. the time of Lord Cornwallis ex
cesses were committed in the name Of martial lsv
that were beyond the very shadow OF law. i5
than those at his disposal to satisfy his mind tha