New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-07

reason, ana Dlach Wlllte.
THE CHIEF-JUSTTCE or ENGLAND on
MARTIAL Law IND GORDONS EAECU-
TION.
The prosecution of Col. Nelson and Lieut..
Brand for the murder of G.. w. Gordon and
others during the jamaica disturbances, has
called forth one of the weightiest and most
splendid legal cxpostiOns ever delivered from
the English bench We allude to the charge
of Lord Chief-Justice Cockburn to the Grand
Jury at the Old Bailey last month, with refer
ence to the cases of those officers against whom
indictments had been preferred at the instance
of the Jamaica Committee. 1t certainly was not
the fault of the Lord ChefJustice that the ac-
cuscd parties escaped trial. for nothing could
possibly be more lucid, more cogent more
mastery and powerful, both in Its law and logic
than this already famous charge. That
the Grand Jury to whom it was delivered
could. after having listened to it, ignore
the bills of indictment against Nelson and Brlnd
is only another proof of the binding and per
vcrting influence of party spirit Had the Tory
aristocracy Of England not taken up the case
of Gov. Eyre as they have done, had Disraell
not undertaken to excuse, If not, indeed, to de
fend, the abominablc atrocities committed III
Jamaica under the shelter of martial law even
one 1.-THE of what Lord Chief-Justice COckbun
has said would have been sufficient to place
Eyre and his myImidons in the felon's dock.
As il is, however, the effect of the charge on
public opinion in England has been of the most
marked and salutary character. Those Journals
which. like The London Times, are always on
the side of power, especially III cases where
can inferior race" is 10 be dealt Wlth
stand rebuked for the heartless and dis
gushing fippancy with which they DIS
cussed the excuses committed during the
Jamaica reign of terror; Carlyle sees the new
idol he had just placed in his Pantheon shiv-
cred into a thousand atoms by the terrible
blows of the sturdy iconoclast of the Bench !;
and your blatant orators of the Kingsley class
who were so loud in their praises of the man
of iron nerve and indomitable will, who had no
pity for the poor blacks of Jamaica, have been
cowed into silence by the authoritative tones
of "a master in Israel" The Jamaica Com
mittee may well congratulate themselves upon
the result of their labors in having elected
this mastery charge, which future generations
will regard as a landmark in English history.
In dealing with the question of martial law, the
Lord Chief-Justice lays down the broadprinciple,
which he copiously illustrates and fortiiies by
arguments derived from the English Constltu-
ton and English history, that the crown has
no power to proclaim martial law, III the usual
acceptation of that term. In cases of violent
outbreaks, threatening the public safety, 1t Is
the duty of the Government to employ forcible
means for REFRESHING disorder, but this may be
done without the suspension of the civil law,
which is the supreme authority Ill the State,
and which cannot, even temporarily, DC
abrogatcd by any arbitrary act OF those
in power. Military law is something dis
tinct from martial law, and is system OF
rules laid down by the Articles of War; but
to this law civilians are not subject, and unless
taken in rcd-handed rebellion. they can be
tried by no other Court than the ordinary civil
and criminal tribunals of their country. This
is very different doctrine from that which has
recently been propOunded by the English press,
and indorsed by certain English statesmen, to the
effect that when martial law was proclaimed, the
law was the will of the ruler, or rather the Will
of the ruler was law-that martial law was en-
tirely arbitrary-that it was, III short, the sus-
pension of all law. OF such monstrous dogmas
the Lord Chief Justice was unsparing i'll de-
nunciation, as involving :" the total abandon
" ment of all those rules and principles which are
" of the very essence of justice and law" The
great point in the charge of the Chief-Justice
is, the paramount authority of the civil laws
an authority which cannot, he contends, for
single moment be rightfully set aside by any
one man, or any set of men, however exalted
in station or in office. Ii is surely something
gained for the cause of constitutional liberty,
to have this noble doctrine proclaimed from
the English Bench, in tone and spirit worthy
of the times that gave birth to the immortal
Petition of Rights or to our own grand Decar-
alton of Independence.
In the application to the Jamaica case OF the
principles he had laid down, the Lord Chief
Justice was very explicit, very pointed, very
emphatic. OF course he denied Gov. Eyre's
authority to proclaim martial law, and of
course he characterized Eyre's conduct in the
case of the arrest, trial, and execution of Cor
don as being throughout of grossly illegal
character. "The whole proceeding" he said,
" of taking him Gordon from where he was
" safe, putting him on a war steamer, and
90 handing him over to cOurt-martial at
Morant Bay, was unjustiflabe. To Mr.. Cor
" don it made the difference of life or death"
From the entire scope of the charge, it is evil
dent that the Lord Chief-Justice re-
gards Gordon as murdered mani and