Justice to a Colonial Governor

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Justice to a Colonial Governor
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Zately Pbiush, by the same Author. -

A Ta u tzI UPON MARTIAL LAW : with Illustrations drawn from the
S Ocial Documents in the Jamaica case.- London : Stevens and Sons;
OPINIONS OF THE PaesS.
Th pbl cation or Mr. MFnlason's treatise-rimanl*leonsly with the Report ofthe .'
Royal Dmunlstioners-a extremely opportune. S uar though i may seem, the
aubect ofmartial law has never, untU now, been treaj eof by any of our legal writers.
An s a natural consequence, the ignorance manifee when it became Important ,
to determine its nature, and the rule by which it is governed, was almost a rersal.
It in not too much to say, that much of this misconception would have been
avoided If such a treaties on mardal law had been exLant as that which was before,
us. Those who we scqgainted with Mr. Finlason's writnms are wel aware of the
exhaasdve proeMs to which he submive every sobjeot which he candles, and will
ot be surpriad to learn that be has broached no opinions which he is not In a post-
teon to support by a host of anthorntes. As a useful] commentary, Mr. Fmiason's
book merits a place in the library of every educated man. For Lhe legal profession
itslmpplies a s wat has long been felt."-fMoring Pod, July 30th, 18M.
"Trhe antleet is o ea difioulty; and happily it has received no elncidaion
In the modern of oar country. Few persons could treat the subject
with a Air w both of the danger of anarchy and tyranny. While, how-
evr, we A 9cot areumand the adoption of all Mr. laon's opinions, we can
eit ydOtR .the perusal of the buok, which contains an amount of nformatdoi
t sate suet most valuable to hoase who desire to form an opinion on the i
maler.-~~.M. ~a~Imlth A ut I ,88s6.
"Mr. )llam nadds to hlt aex ut o ommentary-coaitutional and legal-bries- +
ing with hamherable anthortiesg."-Dailgy BiNo., September 80th, 1806.


CoMuirrTARIEB UPON MABTIAL LAW : with Comments on the Charge of "
the Lord Chief Justice.-London : Stevens and Sons, and Chapman and "
BHall, Piccadilly.
OynIONS OF THE PRESS.
a" author has swept every corner in his research for authorities in any way
an M e theme; and in &ths work will be found all that can be kpown on the

ta n, ig paen aouQ r oeamfQna n. *** Yet the agilasion
O i Septembr i.M.

.llproes m e 0t a and the mtia l lawr act e the
k &L-Wha wi ioonethrs, and tharestinta and regulations by which ie exercise
ai .to t be Jimitd."-MeXrm P.e, October 1]th, 1887.
S.-There is no saying how things may grow: and no system of civilised jrispru.
dne would be complete if it did not recoRnise such a power as Mr. Fhiason
lerly establishes in the British Crown. Ve heartily recommend his book to
I and, indeed, to every student of confdcutbonal nistory."-Mornifg HMW
Sepcm- r 19th, 1867.
A REVIEW OF THE AuTRoIiTIES As fO THF REPRESSION ON!- T OR
AIsELLION : with Special Reference to the Livil or Criminal ponsa .
ability of thjn Engaged in such Repression.-London: Stevens and
Bona, and cTUpuan and Hall, Piccadilly.

A RExPORT OF THE QVwEN t. EYRE, IN THE QUEEN'S BENCH: Con-
S taking the Evidence, the Indictment, and the Charge of Mr. Justice
Blackburn.-London: Stevens and Sons, and Chapman and Hall, Pic-
codilly,

A fliTOrY or THE JAMAIOA CAss: Founded upon Official or Anthen
Itn, and containing the Report of the Commissioners. the
the Dicus~M ions in Parlianient, the various Legal Procee
b sit lintreduction: Containing Notieos of Preious Cases, an
T' tthe Opntjnst between the Course taken in those Cases
London: Chapman and Hall, Piccadilly.






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mist after a rest entirely on opiz.to j
W, a tnor touM not prove the neceaint .' a
the Sboretary of State prove the a of'.
:M aMifet that he-felt it was incmbent c e a
t oppoWencing 6 censare on the
ih'nal ,,erut, thead oie--t once h uone and


without noticing hid concurrdai e, d Mi
Sraueof opinion qftere gtriaat andi father,
r6t.w og toe pinion of the Commi andaser-in-mhi.

without say hereWe to thI main *(A".
I had re"d, d the main reaons uponhldi B
W o M auch'fiwothe great and Oi .inja t sjc
MAO Governor by the &MommiaBoners and the
it, great and griwou as was the injusatie do
'greater and mdn grievous still was ithat
toa governor by the Lord ChitJ
Greater and more grievous, boxw* ^
from his judicial position sad ^b'
which he choose to dea hs to ai
4the weight aid flames. whi k.


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dlaf W te briging 6f 4 peraoat tAe to
Slg fn a proper case be justified. .One nla
io doubt, and for nummary jurisdiction instead 1f' it
,-jthatthhere may be a power of summary trial for the purpose of i
t' to their trial speedily, so as to have the effect of stopping the l
l. on: to hare a summary trial, of course observing all the subaean
f te"f justice; but yet to try the men speedily for the purposeof stamp
& the insurrection by means of this summary process. I think, theris,
when there was such a case as that of removing Mr. Gordon, which is a
more important one to consider, what you have to-do is to put yourseiee
in Mr. Eyre's position, to see shat was the motive for the act, whatt vweS
the dceaniata ces and.the facts. *" If you come to the
S. coeluion that he thought there was a dangerous insurrection and conspirty
throughout the island, likely to break into insurrection all through the J
Island unless it was suppressed, and that it was really proper for suppress i,;.
Sit, that Mr. Gordon, whom he believed to be the head, should be summ *
Lt. ied-not with a niew that he might be convicted, where in a regnWtlW ,
te would not be," but because there was not time to wait, and it' ati
ansemaory that the head of the inurredtion should be punished promptly sit '
a view to stop it,-if you think that was the state of circumstances. I am
not prepared to say that he might not be fully justified, or indeed I rather
think I ought to tell you that he would be excused in acting under the
powers which the Colonial Legislature had given him, for that purpose, tf.'.,at
that extent. And then comes the question of fact. for you to determine;
put yourselves, which is not an easy matter to do, but as for as yoa can, f '
portion in %rkcA hMr. yr e was at the time "t matter took phe,% r. '
w"- *d o rs w ether doing that, its was a wrong act I If you think he ma n' 41 '
Honestly and bondf..e, acted not from any motiven of getting lid of .
S Oo4, but beqanse he thought, though he was mistaken, that he wd4
Vu .. ity, and that his summary trial was necessary, then you would have 4
say, putting yourselves as far as you can in his circumstances, making
allowance for the position in which he was, and for his responsibility to
'}", colony-not like us, quietly and coolly, years arf rnards, de&zting awd
sldering about tlu matter, but in a position reponssib for the colony,
*l- having everybody round him-for I think that appears to be quite le
uwayay him on, and nobody holding him back; then you will oe
whether, under those circnmstan.-e, there was that degree of want ofl0
and reasonable calmness and moderation which I think a man in hl


Ml into the M aser of forgetting that the trial waa under ieM law, l'.
l naaefeaMt to sedition is capital, (whorma by ordinary law It -in act m,
.wih a tesaonable intent), so that the evidence which might aot
S cammnon law to prove a capital ernme mig a well enough by mitaft '
Sfor the result. But, then as for hat. very reason the tral by
not be Justildabl except under an honest belief in iw necesaoty, abs
the learned juiC is in subatanoe correct.





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THE CASE OF MR. EYREA



The Jamaica case is one of such importance, and has
so many public proceedings, and has awakened so
public interest, that it is natural that there should
m complete record of it; and the period has rrived
may be possible to take a complete aud 4omntre-
vw of it, and to form a dispassionate judgment
long as it hpe been before the public, varimo
p hitherto operated to prevent this. T "
eqused by the first agitation, with all its gross
Sits mopatrous misconceptions, of.course
#eured the subject. On the otherhand,
*djdical report of the Commimioners
i. J n it Ad been almost ex-.
Sthe moment of a








in th.
-_ puOideration, every
A the Governor, ",d
t..it was found that at all events
4o ~re.eulpability as would.support
of ray kind.
Wa necemarily considered, however, on thbi
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i t'' c *I*l cannot adequately eonmaelve nor pe n detMb. T
". '*' there called from their beds by persons who rlpotted that all
go'; laves in the several neighboring parishes had revolted, and
S*-reat that moment carrying death and desolation over thb Adjoining
plain. The Governor and most of the military officers on duty assembled
.. together, but the reports were so confused and contradictory, when, so
daylight began to break, the sudden and successive arrival, with ghastly
countenances, of those who had with difficulty escaped the massore,
brought a dreadful confirmation of the dreadful tidings. A party of the
ringleaders seized a man and hewed him into pieces. The negroes on &
plantation murdered five persons, one of whom had a wife and three
daughter,. These unfortunate women, while imploring for mercy from
these savages on their knees, beheld the husband and father murdered
before their eyes. For themselves, they were devoted to a more horrid
f* fe, and were carried away captives by the assassins. The approach of
day served only to discover new sights of horror. It was now apparent
that the negroes on all the estates acted in concert, and a general massacre
of the whites took place in every quarter. On some few estates, indeed,
the lives of the women were spared, but they were reserved only to gratify
' bs. the brutal appetites of the ruffians, and many of them suffered violation
on the dead bodies of their husbands and fathers. The standard of the
rebels was the body of a white infant, which they bad recently impaled on
Sia stake. The cruelties they ezvrcised on such of the miserable whites as
into their hands cannot be remembered without horror, nor described
S'e'' tenrs gbro enough to ccnveyan idea of their atrocity. All the white,
'ad even mulatto, children whose fathers had not joined in the revolt,
S1 w murdereP Without exception, frequently before the eyes, or clinging
to the bosoms, of their mothers; young women of all ranks were
S.iolated by a whole troop of barbarians, and then generally pt to death.'
Some of them were indeed reserved for the further gratification of the lus
of the savages, others had their eyes scooped out, &c." (Bryan Edwards' 0
SHistory of the West Indies, vol. iii., p. 10--108.)
Then, narrating the efforts made to suppress the rebel-
lion, the historian thus describes the harassing mode of
warfare adopted by the insurgents, who aroickd any
encounter of the whites:-

i "In these engagements the negroes seldom stood their ground long-
-. .haa to receive and return a single volley, but they appeared again tI
v,'' day ; and though they were at length driven out of their entire
t&epts with jinAnite slaughter, yet their numbers seemed not to dimin
'as soon as'onesbody was cut off another appeared, and thus they sue.
'- ai, the object of harassing and destroying the whites by perpetual fa
and reducing the country to a desert." |Ibid., p. 102.)






R' -. W 7-l:..' 4R '.^.


S' 'E CASE *O. MR. EYE.

^Jb izpiated during the whole period of
W6l law. And ia an honourable member tersely and
". bly put it,-

There were 450,00' bla'ki, and only 15.00i' whites ; and what would
have been Mr. Eyre's position if he had iwt used the most energetic
measures, and there had been a general msassa.re of the white 1" (Ibid.)

That is to say, if he had, contrary to the advice of the
military authorities and of his council, done as the Com-
misoioners thought he ought to have done, stopped the
execution of martial law, and if the rebellion had broken out
again, the terror inspired by martial law being removed,
and a general massacre of the whites had ensued :-what
possible excuse could he have urged, for thus having acted
. contrary to the advice of those most competent to advise
him, and for having thus exposed the island to such
tremendous peril ?
As it is impossible not to be struck with the contrast
between the view taken by the Secretary of State of the
case, and the inflamed representation of it given by Mr.
Buxton ; so it would be equally impossible not to observe
the discrepancy between the view taken by the Secretary
of State of the nature of the case, and the practical result
at which he arrived-the recall of the Governor. The
consistency between this and the view taken by Mr.'I
Buxton was clear enough. He denied the reality of the".
danger, and, of course, condemned the measures ad
as excessive. The Secretary of State admitted the
of the danger, and yet reached the same result,
events as to the recall of Mr. Eyre; though there cer
was this difference, that Mr. Buxton assumed not'
his recall, but his final and perpetual exclusion from
.ploment by the Crown, the heaviest penalty that
inflicted under the Colonial Governors Act, on a
conviction for high crimes and misdemeanors comn
a Governor in wilful abuse of the power of his o
for the oppression of peaceable and loyal subjeo4
I-4" ', ..








C4ISTRNCT OF T~K ~


'That the disturbances had their immediate origin in a planned
"w to lawful authority. That a principal object of the disrurbers
1 was the obtaining of land free from the payment of rent; wAf4
contemplated the attainment of their ends. by the death or
of the white inhabitants of the island. That, though the
g g for the overthrow of constituted authority was .oftied
of the parish, yet that the disorder in fad spread with


- 4,.


.tjI


nothing that Mr. Cardwell said implied the least i
his mind of such a monstrous conclusion as that.
it was remarkable that the Secretary of State, den
altogether the representations o6f-Mr. Buxton, who wa
the leader of the party demanding the Governor's recall,
should, nevertheless, so far reach the same result as to
concede the recall.
The whole question was one qf danger. And, accordingly,
the great object of the assailants of the Governor was to
deny or depreciate the degree of the danger. As already
seen, they- admitted that if indeed the danger had been
in reality as great as represented, they would not say that
the continuance of martial law in operation was excessive;
but they denied the danger. The Government, on the other
hand, admitted to the fullest extent the formidable degree
and nature of the danger, but yet arrived at the same con-
demnation of the Governor as his assailants, who denied it.
There was an obvious inconsistency here. Taking the view
of the Government as to the facts, the assailants did not
allege that there was excess. The Government recalled him,
then, upon the theory of an excess which had not bee ,
committed. As already noticed, though the Government
,concurred with the-Commissioners in admitting the degree
of the danger, the Secretary of State, in stating the
grounds of recall, never noticed the most important ele-
ments in the case as stated by the Commissioners-the
numbers of the insurgents, the greater part of whom were
till at large. The Commissioners stated that it was a
billion with the object of extermination, and that it
d rapidly over a large tract of country, and embraced
8ands of insurgents :-


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evidce, 500 square A~ibS
of 40,000 negroei lbaA

rsdistino dly












Ml F,,e ..i. de d -
n n, dMa y A ,O
'0 q o twi-- o eI W ware M otb




,v *eiw am,
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*W11 d 40,GO 1'black, BM
B active rebellion, Mand 44u
'Hhe opa rebellio. iaat




olrdeda lth.itv
t1at they were
M~merment, adwittting
BWPf wh&h it was admitted by ib
waa*-.eld eoly be justice Apmn
itage f foes totally difmiVat










S eiaeantime the most in^aw
a most lamentable consequeneIabt d
j li^ 'a^s Baved a colony is removed, and .t
en; a great scandal is done to justice, a dreadfal'e
0 danger sown for the future, and all, that sectarian a "
p osity may be ratified, and political rancour satiated, by-
t he sacrifice of an honest servant of the Crown!
The influence of this unscrupulous agitation, and the force
.l of public opinion which it evoked, was painfully apparent% '*
l' in the report of the Commissioners, in the despatch of-th
'...t: sry of N8ate recalling the Governor, and the eh .,
,e .Lord Chief Justice, in which he was so cruelly dV.
.'"" oDve. All these eminent men are incapable of con-
S'otis injustice, and are, moreover, so generous and high-
* inded, that they would be the first to.recognise and
repair any injustice they had unintentionally fallen into;
ad. surely never could -injustice have been done with,'
apt. excuse, or under circumstances which rendered full
~~complete justice to an accused person. scarcely pos--
A, -in their several parts and functions, have don"I
." .no doubt, to afford to Mr. Eyre the most f
measure of justice ; and if they have failed il
'. iing 'so, it has been from no fault, but rather
And it is impossible to speak too highly
a"z' careful and judicial findings of the Commisaionbur,
t kind and considerate tone of Mr. CardwelL N
thelapm, it can easily be shown that they did Mr..
Sgatitand grievous injustice, as, under such circiumst
they nould hardly have avoided doing.
' It may be said of all these distinguished personsM
they-fellinto fatal and fundamental errors of lar,
' ..ag... sadly affected and vitiated all their conclio
.n .thfayll into great errors of fact. But as-
S I. ,,rrorsm Qf fi't, there was a marked ,
.i not only in the degree,
rAw. aoft ,r9, 4 they r spectivy ,
I, ,.-oe trly and fairly "OK.
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error, it wua. g thtih
t or ome toost material facts i
M -.- d. /*Antd po a to the Seeretary of
y., ip a greater degree, in the same direptioa,
3l$ iling to noting or attend to moat important
#Woch it maybe added tat from the Atr it a maCidf
his views were pervaded by Pawioas misenceptons as '
thO law, which also in a less degree probably pem ,tdie. ,
report of the Commissioners, though, as they had w.o .
much to express opinions on their merits as to T aord
fqotO. the error was not, in their case, of so much praotic '
consequence. As to the Lord Chief Justice, it is a singular .),; .
fact that he fell even more signally into errors of fact that.
law, his main and fatal error being in forgetting that he -'j
had nothing at all to do with the facts..' ,
With regard to the Commissioners, careful as their staet.
r meant of the facts was in their report, they failed to notice 4
some facts most important to Mr. Eyre's defence, .gqnm y4
each of the three main points on which he was oonde i ,
" the continuance of martial law, its control, and his eauqw.a
of Gordon's execution. And on each head they felU "6l *'
error of law, which indeed may have led to their doing ,
injustice in their view of the facts, for a man's view of th .i
importance of a fact must depend upon his view of.the law, ,
First, as to the cmolinuance of martial law. ,-'Throughput
2, they evidently supposed the scope of martial law to bhei '
*meet resistance or actual rebellion, and did not appwecia .i
A4hat there might be a state of rebellion after actual reabtie .q
htad ceased ; and further, that there might be danger of r 4p
on, although even rebellion was at an end. They 4to-,,
r failed to observe (what, indeed, was strangely4F,.
1 of by all these eminent persons) that the local AA.t
for the express purpose of authorizing
exercised, not merely during rebellion, bav
or even apprehended danger. So that, as.
colony would naturally suppose that-.
ture, with the consent at the

*'K. i I







g m ; .",-".o. _1..A5 O F IM ,ICT.Y :


"preed y nuthorised was right and proper, he would
actually deem that he was justified in keeping martial
law in force so long as he really believed there was danger
f a renewal of the rebellion; and upon this view, of course,
ite mere cessation would not be a sufficient reason for the
cessation of martial law.
o. They stated, indeed, most clearly and truly, the nature
of the question on this point, viz., whether there was
danger or apprehension of danger of risings, and stated dis-
S tinctly, that with the information received, the Governor
would have been much to blame had he thrown awaythea.-
Vantage of the terror inspired by martial law." But in their
expression of opinion that he should have taken the novel
course of keeping up martial law and yet not keeping it it
operation; that is, relying on the mere terror of the name,
S they not only failed to mention that such a course had oc-
ourred to no one to suggest, or to notice that the terror of
the name might not long have remained when it was found
to be only a name, but they also failed to draw attention to
this, that the statute was passed expressly to authorise the
exercise of martial law after the cessation of rebellion, and
as long as there was "apprehension of danger," for which
purpose a period was fixed beyond which martial law.
should not then continue without fresh grounds; and they,
further failed, above all, to notice the fact upon which t
Governor mainly relied as showing the necessity for ma
training martial law in operation: the large number,".
insurgents who remained at large, and who had ne
surrendered nor had been apprehended. This entire
regard of the main matter of law and the main ma
2.. htAct, upon which the defence of the Governor de
S..this first point, was the more observable in th
marks upon the amnesty, which they considered
S conclusive against the Governor, because it spoke
rebellion as subdued, thereby showing clearly that
% lt sight of the main matter upon this point,
!K: the Act expressly authorised the exercise of













Sy ied to is ce the importalha

thtttrtial law had eaded. So as to *atWS tSl k
ti1l mand the responsibility of the
undoubtedly the report of the Ooanmdeusnet
claot a word which went to show the GOem apr
sibi6$r them, and its particular statements
*t&* was not, yet their general statements, whioi,
necessarily vague and equivocal, were not
guarded to exclude the supposition that he mlght,
Thaiwi cecluding statement "t hat the punishmentmin L
wene eeessive, and that punishment of death was ufaem '.e
naly -*equaent," might, unless closely Msa led W aw.w'o
fully emparod with the more particular statea*t et oft
report, convey the impression that the excm a a t
pervaded, and in the same sense and in the woratbaes tf
whole period of the duration of martial law, intelg
trials by court-martial; whereas it appears from their
particular statements, that the excesses were almost
(at all events in the worst sense, of careless or recklea
outions) in te later portion of the period, is the
the first hbe rage of pursuit, and for the mot
Private oldier.. (oAiefy b/ls) in the absence of,.,
Jgtcorh ; and that as regards the latter portion of th
n deaths only took place under sentence of
lrtl in the great majority of ases (as they
) the evidence fully warranted the sentenwa.
nc of this to Mr. Eyre will be manifest, whea
-in mind that it was admitted by the Seretary
that the Governor could not be held responsible fte
in the field during the first rage of purEtit, wh.
tSeers could not control the rage of th4,ei
.by the atroioius massacre of thek*
-MS was only censured as regag *i*p











fl^onduriQ the tar ti o thi.
i inisioners not only failed A. pdii ,t
-Goveftor was responsible for none of th.ekeeates;
r more general statement was calculated to c6no'
M. opposite impression, they forgot that. the genera&
clnsions of their report would be read by thousands who
aould never scan them carefully, still less compare them
with other and more particular statements, and though the
srport contains nothing to excuse the coarse charges made.
against Mr. Eyre of conniving at cruelty, and allowing
.eceses, they could easily have precluded the possibili

.o as to the last point upon which Mr. Eyre
eondemned-the removal and trial of Gordon-the Co
. missioners did him most grievous injustice. T
omitted to notice most important matters of fact w i
' had a material bearing upon his responsibility, and
failed to notice important matters of law which lik
bore strongly in his favour ;" and, indeed, it is plain.
*;" their report on this point was pervaded by fatal err
Rk;-.*.ir They failed to notice (1) that it was the Comm
Swho first suggested to Mr. Eyre the appr
FN 4i tr ial of Gordon-(see letter of General O'C
.. Papers relating to Disturbances)-and pointed oe#
S ihe deemed a most important piece of evidence a
him. (2.) They failed to notice, that all Mr.
S 4Aa ,to send him into the declared district,.
*t e military commander to examine whether:
Sdeace was sufficient against him, and, if so, not
4olave him tried-(evidence of General Neieut
-'WEvidence)-and also omitted to notice that
M4 V.*back to Kingston, and had no concern
il.the proceedings of the trial. (3.)
t .i itk was the military commander
S~~Savidoene, and found -it, as he
it -;pihaihbiwrges, Pand renewed. .t
4. nthoegx 4 tm*Skda. Ahe letter do


~-











64othe Commander-in-chief, they did net s W0ti
hler, the terms of which conclusively show that the ti* ,
took place. entirely under military authority. (4.) They ,
failed to notice that the Commander-in-chief was of opinion
it the time, 1" that the case called for prompt and decided
action"-(evidence of General O'Connor)-in other words,
for prompt, if not absolutely immediate, execution. And
this is the more to be lamented, as they threw out .sume
suggestions calculated to convey the impression that there
was no military necessity for prompt action in the case, '3
which was the foundation of the most cruel imputation. s.
In short, the effect of their report on the case appears
to be to throw upon Mr. Eyre the chief responsibility
of the act, whereas, on the contrary, he had no response,
ability for it at all, except that, at the suggestion of the !1
Commander-in-chief, an old and experienced officer,
whom he might well presume to understand martial law,
:. he had the accused arrested and committed to his care,
to be dealt with by military law, if military law would
warrant it, which he left to the military commander to
determine. And finally, the Commissioners omitted to
nation that the military commanders exercised their
.own discretion, and acted on their own responsibility, as
to the persons to be tried by court-martial, and refused to
persons whom the Governor sent to the declared
rict, unless they were satisfied that the cases were fit
-the exercise of military law. If all these matters had ?1
stated it would have been seen that Mr. Eyre was
w eally or morally responsible for the trial at all; and "
'his responsibility really came to this, that when the
commander arrived at the clear conclusion (1) that -
was subject to military law; (2) that he was 'l
of the insurrection, because guilty of inciting tp .
n ; (3) that the case was one which called 4
ota;" that is, for prompt, though not immedit- .
Sthe particular place being quiet, though the :_fl
Satit unsubdued, and armed men in the fie
il : '-'ci













"To detail the various cofloct, massacres, ad scenes of
Sj which this exbenaidting war prqdaced were to offer a disglatig m*
F frightful picture, a combination of. horror, where we should beh *
elties uneampled the annalpfmankhd-human bloodpoed '
in torrents, the ea ackenedrith ashe, and the .bltated with pe -
Ssuce. It was qWlted that vit two mo matB after the revolt t
began, ppwards of-two thousand lte persons o( lcoadEt ionsad .,-
bad been mussaad, and one Adum ad two hundred Chrisine alO"a ,'S
-e ueed from amena to su h a state of misery as to depend dltogsthrf"el
-1 4r clothing m'd mstenanoe on-public and private charity. Of tL .a
a, it w4 reckoned that upwards of ten thousand had p ,ther.b
r or Cmine, and some hundreds by the hands of the esa S ,
of I am sowy to ay, under the torture of tb wheel, 4
t and retaliaden which no enormities of sanvag ie eoul4
aga 0. ..p. 108.)
be observed, is stated, fairly edougk'Na
retaliation not to be justified.
o ratroeities for those first

engaged in he;
ith the p~a t e
















maI t,&m

.. th,.ei

; .. T~ ". ".1,











u*Y that the man a
te Ommisasioners, in their condt do "iti p -tS
Iave an equivocal finding, "that the evidenbi' *t' .
dient to sustain the charge on which the aeed tu
r$'a tried," which may mean the formal charge of eeant ,'
pioety in the particular outbreak, and left it whol9
*' certain whether he was not guilty of the subsane.'ut
the charge; that is; inciting to insurrection; and thoe
i, fasied to notice that he really was so. Next, in their'
finding that there was no evidence of his cosme
-in the outbreak, or in a general conspiracy, they
wholly uncertain whether he was not privy to a
q-i l spiracy with a general object, which in law, b(e'
se f eof its practical result, would be the same. And, iMy
cielasion, having found specially that Gordon had used
Itaiguage calculated to cause rebellion they failed t0
*ply the well-established principle of law, and report; It,
w.. ywre bound to do upon the facts, they fouid, tt,
i esaa in substance guilty, or that, at all even
were well justified in so finding, and that'
was not called upon to interpose to prevent

'8s much as to the injustice done to Mr. Eyre by.
* Royal Commissioners. But greater still was the iaj
dnte by the Secretary of State. He followed t
Q their errors, and fell into others, greater, of lit
SEofs, indeed, easily to be accounted for, and
iidly-to be avoided, under the circumstances
atioef, and excitement under which he wrote;
abe added the circumstance of a change of
which occurred at the very time he was
kth, which was probably the last
Owing, it may be, to this
-d that he fell into the fun
a the case entirely on the fob
fl^ i4t'i' C6msaimsioners, and forgetti4m











body documentary e ln
... .,,a d iot come before them; tW bi
;'4l-. *ad letter whivh hbad passed at.
Swbich told powerfully in Mr. Eyre) favour
'-to all the three matters on which he wat'
'qpwmd, and told with all the more forest as beig.
.qanmuications which had passed at the time, bef ,the
chajges of excess were brought, and which therefqw
could tbproughly be relied upon. It should seem tLs
the, iNoanisssioners considered that they were not -a4 .
upon q deal with any matters but evidence thyw
Took themselves, for they never, as has been seen, alladpd
to some post important matters contained in thedj-
4*atche. The Secretary of State, however, was eleosly
o od.upon to deal with the case as a whole. The Comu
mcison pf Inquiry had only been instituted to ai4 t .
%opssience of the Crown, and add to the ihfow
- nation it possessed; it did not withdraw the cwa frqm
the responsible ministers of the Crown, displace any faete
r or information they already possessed, or relieve thea.
..from the obligation of determining upon the case asp_
whole. It was not so dealt with, however; and the o,-
id4eration of most material matters was altogether
writted-,p owpision fatal to Mr. Eyre. ,.
For instance, as to the first point on which be rwa
censured, the ioantinuance of martial law, this cej
Ip shown from the despatches of the Secretary of StaOt
He wrote, that "at least from the timeat cwhiWkth.
arcements had arrived, and the amnesty was proclaimed .
could have been no necessity for the continuance $f
trials." This showed that the Secretary of Stg*q
d the importance of the arrival of the reinforq,.
a an element of judgment. .1'
tailed to bear in mind what was disclosed jg.Ab
qag to the immense importance which bpthtb
414..the Commander-in-chief had attaph~4 to:,"


*-' -**Ak *'











ti.ntinued *eeoution of a-m 4
on that, and that the preulbe ,
dispersed through the country was the "
ry deterrent force, so to speak, for the ete S
aia~ti"l law. The Secretary of State had evidently fort
gotn that the Commander-in-chief and the Goveraor'ha&
b. both attached so much importance to this that they UadWr:..4
its condition of their assent to the amnesty, that the E '*
cwf rtial law should not be stopped until the reinJ't..,
'/ ", i- ; t& a should be available; and that when they arrive,
M-0 [i*.0Wnor pressed for their distribution, but that t t:'
-d1a{[itranderin-chief objected to'it, and urged, in prefrers* -,i
'.onatinuance of martial law, and that owing to th
e n aversv, the distribution of the reinforcements was 6'
S' apleted until just before the termination of martial law. "
.OCnaidering the immense difficulty of access in an isla'i"'
like Jamaica during the rainy.season, and the smallness of
.- the military force even atfer the reinforcements, no olWn:t,
S:,.'ftidemsy that this was a most important element in t*';
',d it was entirely ignored by the Secretary f-'

14 61o, W~uialy -with the Commissioners, the Secretary of\
70. "t ignored the important matter of fact which former;'
Stlfoundation of the Governor's defence-the large n
of theinsurgents still remaining at large, and the 0
dmser this involved until the reinforcements were
Aswtid, Equally with them, likewise, he ignored the i
't point as to the meaning and intention of
S.oleial Act, that martial law should be kept in o
a. long as danger, or apprehension of it, continued.
-in the course of the debate on the subject,
to have supposed that the Governor had
'.". i al law in operation without reference to
*rf t neeeasity, and merely because tbh
u L "Adi tdiM4ontiusrnce for thirty days; whe
k. Etre had 'nxve said anything to suggest such 4

-,S', -' 4'



















it -cm WAeaDh u

thsae the

i theeiftMateatie, h seous ,
ort wa. joy 2*t^atnod


ly~clt-atwthe original outbceak an armedadi^-f
Sthetooop in the AeldI He Utip
ibaied that the danger to be e p
.to-Ai fetp,which could notbefor may
ht wist not the policy of the inbtrgenti*
~a*.pegl, as a wl evts. they je zi
ATna(4,an mdeoit; saA ij
4stha e..alt


"a'x
IHe1


|Tj sW eI vM- ysy
ike Spostry of te iqaolibb
th rbiodam *ma got uaes
md of it. So.heqa61
te amnesty, .. tA
KI ou w40 h.l,, *WA,.'




4 ~ .r~qy 9,i';
.t. rtcI]


THE CASE OF MR. EYRE.


certifiedd that the inhabitants were
their allegiance," omitting to notice
amnesty, viz., that it should only ap
rendered, which showed that wha
was, that so long as they did not s
return to their allegiance, and were
that the retellion still continued, evei
lion had for the time ceased. And
failed to understand that, in the view
necessity for martial law continued
of a renewal of rebellion existed, t
tinued so long as a large number of i
farlarger than the whole number of tr
refusing to surrender, notwithstandi
an amnesty-Armained at large ami
nation of their own race and blood,
with them, and ready at any momen
rebellion, as they might easily do in
the reinforcements had arrived and
In the view of the Governor this
met by a continuance of deterren
Secretary of State so utterly failed tA
that he not only never noticed it, bul
b his despatch :-
Future good jorerment is not the object o1
punishment are not its objects, seventies can
so far as they are absolutely necessary for the
safety."
If the Secretary of State suppose
quite consistent with Mr. Eyre's vie
derstood him. If he conceived that
was not consistent with the facts of
have been from his entirely failin
matters of fact relied upon by the G
further be observed that in the reu
of State the two subjects of the corn
and of its control are mingled togeth






Sf ,,


desirous to return to
the conditions of the
ply to insurgents who
t the Governor meant
surrender, they did not
still in rtbellion ; so
n although open rebel-
the Secretary of State
of the Governor, the
so long as the danger
hat this danger con-
nsurgents, themselves
oops, remained atlarge
ng the proclamation of
dst an immense popu-
in perfect sympathy
t to rise again in open
a hundred places until
had be4n distributed.
danger could only be
t measures; and the
) understand this view
t wrote this passage in

f martial law. Example and
only be justified when and
reestablisment of the public

ed that this was not
'w, he entirely misun-i
the view he laid dowq
the case, it could only'
g to notice the
governor. And itm
larks of the Secre
nuance of martial
ter in some co


exiv








oil t4.- 1.,82, C" F

st upn tl~ -spumption that the Govermi
S risible for the manner of its execution; a view,
r ed, entirely contrary to law, and practically impo:-Y
i to. te y out, as the case showed.
Sj' t it is conceived that the two matters are in their
i~tipU entirely distinct, and that on the firat, vim., as tq
the ooatinuance of martial law in operation, the Secretary
of State should have assumed that it was properly carried
out by ,the military commander, because Mr. Eyre wf*. -
entitled to assume that it was so, and ia point of fact, as
the Commissioners had reported, it was so during the latter
portion of its duration for which Mr. Eyre was deemed,
responsible.
Next, as to the question of the control of the execution of
martial law, and the responsibility of the Governor for the
excesses. It is clear from the -terms of the Secretary of
State's despatct, that he was misled by the general state' .
ments of the Commissioners, "that the punishments in-
flicted were excessive," and that the punishment of death-
was unnecessarily frequent;" and had not referred to the
particular statements of the Commissioners, which showed
that this applied almost entirely to the former portion of
the duration of martial law, for which it was admitted MIr.
Eyre was not responsible. ft must be observed here that
the Commissioners, deeming their province to be rator
the statement of facts than the expression of opinion, had .
not expressed any opinion as to the parties responsible for
excesses, though they stated very carefully the facts which
were necessary to enable the Secretary of State to do so, i
it was he alone who did so. Further, it is t- be .
rved, that they stated no facts whatever to show any
I or personal responsibility for any of them, and there.
any responsibility that could be attached to him '
Sbe constructive, and would relate rather to 4isb
1 of othersthan to hisown conduct. The Secretary
rankly stated with that kind consideration which
4., 8


.>,.











M..


fot imputed, and the Government do npt
e ltae 6logaiancEe at the thne of the measures of
Sp|el that btt a Goveinor has been co"peled to proof
his idedutyti train within the narrowest possible limits t1i
tIs.tt kw, and for that pupoe to keep hismufw
Ang plae under it."
mt it vwait only the fail'imi
ich wa the fault imputed to
'h the report have
itjfixyy even Ltk, i *
as ba e r portion of tbe period,
law; for a to e former they
of State admitted, that the Governor'
A reapgsible; and as to the latter, the o
eet stated that martial law, with
wa6s properly carried out, The See
hiSl cnOure 'b thp laer portion,
M "to the V to ah6

"Wat it iW b
presr.be -,; lmif ft wm e, dee .
1b elt, it was the duty of the Governor to I*d&
.Wif the pWceedings taken, ,ad put an to all
~*t4 hrefcre Juft&lhi an the ground of ael.








F.
i gne mom on, that anE*
+M be i= rdar aud PMWofeB
1g4I de not 668%


thBSe 0" Mma











Mid it ie who had written to.one of tb.
6 -y we ds here quoted:-
E give you no instructions, and khmas al to your juf-
Lutr of General O'Connor, Minutes of Evidence.)

i, it was which the Secretary of State pronounced not
reasonable, that is, not reasonable on the part of the :
S Cqwmander-in-dhief. For he it was who had sent the
oicers without instructions, and he it was who had left all to ,
their judgment. Yet he is not mentioned in the despatch.
i censure is pronounced on him. He is not recalled
The only person censured or recalled is the Governor,
who had no power 'to issue the instructions it is here pro-
Rounced ought to have, been issued, and which it is plain
Ait the colonial regulations and the terms of the despatch
SMiealf ought to have been issued, if at all, by the Com- L
uiander-in-chief, who sent the officers, and to whom they
bere responsible, not by the Governor, who had not sent '
Stem, and to whom they were not responsible. ;k.,
'The Secretary of State had the candour to add :-

'1 think it is due to Mr. Eyre that I should state, that in the instruo-
to colonial Governors, no reference is made to the possible occurrence
such an emergency. RHo far it may be possible to provide general in-
tions which might assist the Governor in case of future disturbasoes,
,subject which will receive careful consideration."

aut it failed to occur to him that if even, after all that
occurred, the Government were not clear that it was
ble to frame general instructions" to assist the Go- ,
r in such an emergency, it could hardly have bee
,md of censure that the Governor, taken by surprise
se sudden occurrence of such an emergency, did not A ,
t of his province and usurp functions which did not "
to him, and exercise powers which he had no t ght
by issuing instructions to military of edw Ap
exseesses which no one anticipated, and tWl M '

3"* '* 0.









tCAS Op ML. .m.

o'part, occurred in the abseane of the offices.
'e ten, finally, the Secretary of State failed to 6b-
that, according to the report of the Commissioners,
only excesses were in the earlier portion of the dSra-
tion of martial law-in the field-in the first hot rage of
pursuit, and for the most part in the absence of offices;
and, as regards the latter part of the period, when the
punishmient'of death only was inflicted under sentence pf
court-martial, they reported:-
S "In the great majority of cases, the evidence stems to have been a-n.
objectionable in character, and quite sufficient to justify the finding of the

And they only mention three or four cases, in which, as
they cautiously state, the finding was not justified by aqy,
evidence appearing on the face of the proceedings (addiv;.
however, that there might have been other evidence, thouf
it did not appear); and some few cases in which the s
tences seemed, disproportionate to the offence. Th
exceptions are mentioned by the Secretary of State, an
Vi. made the ground of censure upon the Governor, while'-.
failed to observe that the Governor might fairly pre
" that the general character of the proceedings was whaM
really was.
Then, lastly, as to the case of Gordon: it is m
that the censure of the Secretary of State proceeded
two grounds, on both of which he had been misled
the law, and had fallen into those popular fallacies
had formed the staple of so much inflammatory agit
-viz., that martial law had been exercised in this i
out of the scope of its' operation, and that the con
Sras not warranted, because there was no express
of intent, or of actual complicity in the particular
break. The extreme inconsistency of these two vie
each other, and the law, has already been po
One came to this, that martial law had been -











tIl.,'o4, that is, in She arret;'
4wd,,ta ftct that martial law had beeH
$the trial, which was the only substantial mi
-e point as to the removal into the district was 4'
4teohnicality, for several reasons, first, because the t -
orcould have got out of it by a stretch of his
or-by a mere extension of the proclamation (seeing '
t the state of the whole district abundantly justified
rtial law); and next, because removal into the district
not render the man a whit more liable to martial law,
.he had not made himself liable by acts caused or corn- '
tted there; and, lastly, because the Governor had only
doi.red that he should be tried if it was proper that he
tould be, which he left to the military officers to decide-
point the Secretary of State evidently overlooked, as
tke Commissioners had done. And he equally overlooked .
tat, as to the really important point of whether the evi-
4ence was sufficient, the Governor may follow the judg-
ment of experienced military men. The Secretary of
S State further most unaccountably overlooked that, the *
Agial was under military law, so that their judgment was far
murie important than his, and one which he might well
foRow. For, as a civilian, what did he know of military
v laud P And whether the evidence was sufficient would en-
'I y depend upon the nature of the charge, which, as
Commissioners stated it, was, in substance, at least one
of it, inciting to insurrection, and in causing the in-
ection.
Si, by section 15 of the Mutiny Act, was a capital
ce by military law, and required no express proof of
t beyond the fact of incitement to sedition; the mili-
law evidently following the doctrine of common law,
a man must be presumed to intend the natural result
words and acts, a doctrine which the Commissioners '
tirely overlooked. It is very clear, however, *gat :
61 opinion of the Secretary of State went pit .







* I


qK WS| i* MO fl ty. m sa ,s 'mat b.a e u d ha i
; S. at' ntteea a tpeame .posed fourth th1 a



K Abed&as beBmpaenimeth4..r hin. P. (wite Bpi., Mn,




I sa sewteme or aheordibb4W.Ote rqadsv
e litiouit literature-- work lte y quo*A n ,b
ustid.e, and fio which hirs m evi t
,p4 of his iaspira iu-Mr. X cnt, aee,.a

of thie Bta Colas AVeryi '.
,aos s or u...4 maso s. t,
I^'-- alght be sf d to e., feli *a ,,-, *. ,p, ,





nhis laull W eeO trme of the eoaaust af e in *om grK







n foeract from one ofw the attppoies.f
yl f o *ir Il*e ir *iea dom, dtan were .




..-.--/p f~&d 1, thel.
,? a .M eir r e. om a we ,,,r


e '' ; .. ,, 1 .. o ..











thogh that was ;ia
upon the subject, as also the point asA
SNeither of these were mentioned in h i
^ ing despatch, in which he went entirely on
e of necessity for the execution, a most remarks
variance. Yet it cannot be doubted that his genes
opp on was affected by the prejudice and misoucepi
q' qua by his earlier ideas of the case, and it cannot
obteqd that those views were based on error of law.
veon it be doubted that his idea of Mr. Eyre's
(4M o executionn was founded on entire misapprehensi
n, in his earlier despatch upon the case, he sup -
S t Mr. Eyre justified the execution only on the gro
f. itA justice; wherea4k from the first to the last, he h
excused it on the ground of his belief of its neceity.
In the fist despatch of the Secretary of State, he
.S tuotation in which he omitted a passage in Mr. Eyr
letter, written at the time, expressly putting the ex
tip, upon the ground of necessity for the suppression
,.t rebellion. And though the Secretary of State,
.i'. '.h. s nal despatch, mentioned it, he seems never to
., loqt the mistaken impression he had originally fo
rd from having overlooked the main reasons assigned by
Eyre at the time. And the opinion finally exp
the Secretary of State, that the necessity had not
proved, was expressed without any reference whatev
the only grounds on which the necessity could be p
i'., the condition of the colony with respect to the
lion, and the opinion of the Commander-in-chief
te I eeaity for the prompt execution of its author.
els^aiwhty of State never seems to have had his a
Sb* ~t o t~e passage in the evidence of the Co
which he stated that he considered at

at Evidence, evidence of General



a. 1









far as regarded Mr. Eyre, entiAS rely M Wr.and

S'the casp e of public would naeve rally imagine beforat these
'cit was inte s had the weight and authority of hian
fto oee, as they undoubtedly had its weight and influence o
prerand would receive them with all the respect usually
.4 .... orded to judicial utterances, they were in reality, so
r as regarded Mr. Eyre, entirely extra-judicial, and so
utterly unlawful and unjustifiable. For to this moment
the case of Mr. Eyre has never been judicially before the
Lord Chief Justice. When he charged the grandly jury,
it was in the case of the military officers, for the trial and
execution of Gordon, with which Mr. Eyre had nothing
to do, save that he had not prevented it by the exercise of
prerogative; whereas, on the other hand, they had nothing
to do with the removal of the accused, which was the only
part of the matter with which the Governor had anything
to do; and as the Lord Chief Justice admitted that, eve
*" assuming the removal to have been illegal, it could not
affect the legality of the trial, he had nothing on earth
do with Mr. Eyre. And on the subsequent occasion when
the case of Mr. Eyre was before the Court, he had nothi
to do with it, except to concur in a ruling of law, whi
entirely exonerated him, according to the finding of t
grand jury, from any grave culpability; and in his su
quent observations, in which he sought to convey a dia
from the ruling of Mr. Justice Blackburn, there was"
reality no dissent from the proposition of law, and t
was only a dissent from the finding of the grand j
of which, it is needless to remark, he had, especially
the case was entirely at an end, no right whatever
express any opinion; so that his observations o
point, upon this occasion also, were entirely extra-j
d, being greatly prejudicial to Mr Eyre, were of,
S wholly unlawful and unjustifiable. Indeed,
S lcold be more unwarrantable, and therefore una


* See this hMow olserly in the author's Introduotion to his repo
nd his comments on the observations of the Lord Chief Justie.














Sebaw as. notM bun diclod

rwr.ia the treaon-felMony ae as t
bIre th-te events, hesaid eOaphatic y:-- '-
"I Ihae.i. closed all I intend to address to you for your indn ;a
Slaw,~ Now, as to the facts and circumstances connected
lie designs charged against the prisonerM, Iforhear to srwer
%e*f0 f to Me .lmited eatent to which they awe known to moe t(Amotq*.Sr
eorp infornations. *do so deliberately. I do so following the easri
one qf Aths greatest judges who ever a&t on the English bench, Lord Eiles .
$orough, who at a moment of great public excitement, declined in hit addrsa %
*ta*bpfAsd jury to go ito any details of the ofeiues, ledst by any words Sf
i e alighted degree rqdice e case either f tAe Crow ore

*ow entirely the Lord Chief Justice of England de- 0 6
parted from the usual and salutary rule in charging the -,
grand jury in the case of Colonel Nelson, not only p.
regarded the accused officers who were before him, '.
how far he did them injustice, need not here be onter
into, except so far as it bore indirectly on the case of i. .
SEyre. But as regards Mr. Eyre, who was not before him,
the injustice done was far greater and deeper, and of %.
character entirely differing from that which had bee i
-done to him by the Commissioners or Secretary of St O.
who had merely failed to notice the main points in hisA
.case, and had upon an imperfect view of it fastened upo"
him a kind of constructive responsibility, relieving hltiz
at the same time from any personal imputations, aqd 4
rther fixing him with the faults of other persons than:
th any of his own. The Lord Chief Justice, howV'"
his charge, went far beyond this, in his cq'
only part of Gordon's case with which Mr. "it
rned, viz., his removal; a part of thi ..?et
for a reason already mentioned, &it fb 'tb6 .











to do with what wabe
Chief Justice did not shrink frna,'
r me 9 et the accused to be tried by ma
he knew there was not evidence to convict b ,$
therefore sent him to the district where a B i
could be formed to try and condemn him," s4'
him without sufficient evidence, whereass
eie before the Lord Chief Justice on the poip4
,ea^i seh of Colonel Nelson, who distinctly mta
'th r EyWre did was to desire him to examine
e"- d ,, .,*A *.*=.w f ws to render it
p. ty the man, aR if so, not otherwise, then to
yi $m by court-martiaL And there was Colonel Neao'a,
-own letter at the time, which showed that he had
V'5he # entire responsibility of considering and dete
trial, subject to his superior officer, the Co

a judge ordinarily so careful, so scrupulous,
4.pi d Chief Justice, should thus so widely have d
o'-m his usual course, would of itself have am
o show that he must have been labouring
onaenal force or influence, powerful enough
Sthe judicial mind. That such influence
-', d had been exerted to the utmost, has alhra.,
tly shown in the allusion to the agitation,
Kept up for a year and a haIC and the
,"t ad .led to in Parliament, and in the
of which, for reasons already explained, t.
t' an enormous ascendency, and the
A,, p ab t and at a distance, then
was not likely to have many defend
Sas kept up, in a great degree, to
.4. ths ean. be no, dv
*".a, of it on the Ave

+ .+ ,+. .++,, .+ ; .l ...: +. + ,,










* s' e press, was t the prelude to a legal p
"" It was' ?,Mi',thqt such a prolonged agit
wheih the am "by means of combination, had anCL
sjower and influence, should be
itt lidubnoe 4 effect; and it would be impossible ale,'
*tboAdt reference to it, to explain the otherwise inexplicable .
',iktions of the judicial mind on the occasion. Them .
doaelusion would bd vindicated, especially, by the extra"k-
*ordinary contrast between the tone and tendencyof the 4
observations of the Lord Chief Justice on this occasion, .,.
and his energetic vindication, when Attorney-General, of
the course pursued by the Governor of Ceylon. If the
Lord Chief Justice had contented himself with impeach-
ing the course taken in the Jamaica case, on grounds
peculiar to that case, admitting the legality of martial
Iw; or the law of war, in the time of rebellion, as he had
Stained it in the Ceylon case, and admitting the law- '
: A&es, under martial law, of the summary punishment '
of rebels-as he had upheld it in that case-as a means of
deterring others; and had confined himself to the ques-
tionof excess, there would have been no obvious and no-
Scessary inconsistency between his views or his course on ,
the former occasion, and on the present, although he might
have had great difficulty, as already shown, in making ;
out that the severities in the Ceylon case were compare-
tively less than in the Jamaica case. But the Lord Chief
Justice was not content with this, and indeed it is clear
' that it would have been difficult on this view to impeach
the trial in Gordon's case, seeing that it was (as he
observed) in the earlier portion of the duration of martial
Jaw, while the armed rebels were still in the field; and in "
x* next place, even as regards the latter portion of the "
od, there would have been -great difficulty in impeach-.
the proceedings, at all events in capital cases, as t ',.
hmnt of death was only inflicted by sentence .l
martial, and the Commissioners had reported"*t `
I! ?' "
t, "-
*-- .. a










41 -t the swami UYVAA q '

ati whatever his reason, was not eanSte with
g martial law, and trying to distinguidr the two
for he constructed an elaborate argument to show
tlentirde unlawfulness of martial law in any such sense
;would justify executions on summary trial by military-
twibnuala--the very thing which he had so ably vindicated,
ip. *. Ceylon case; iay, not content with this, he actually,
&i tM strongest terms, denounced the definition of it in
*te wry' words used by his own colleague, the Judge Ad4
I.. GataOeeral of the day, as "novel, mischievous anddeteab-
a :." It would obviously be useless to attempt to explain
i, t on the ground of any intermediate change in his views
as to the law. For the subject of martial law had quite.
dept in the interval; he had never been called upon to.
consider it since, and on the present occasion, as he him-
self aid, he had not had much time for study or consider-
as. tion of the subject; so that the natural course his mind
would take, would be to take it up just as he left it last,,
an d adhere to the view which he had then upheld. Neit
is'. ~ it be of any avail to attempt to seek a solution a
6* 6 th hmblem by any peculiar degree of excess in the p
"' seatease, either in general, or in the particular inta
S.'before him; for, as to the particular case, it was un
-able as compared with one of those in which he hl
strenuously vindicated, when Attorney-General, a
S which there was such a flagrant want of evidence.;
P. remonstrances were made to the Governor at the
y to deter him from allowing the execution, but izs
whereas, in. the present instance, on the contrary#
in the colony, enemies or friends, believq4
're the accused; and in effect, as already
ibed by the Comimsioners, and virt
eth Lord Chief Justice. And as to
Stecase, the exercise of martial"











',- o'. ,,,e'4": by-h 169,
A,,r asy l .erak U he
sea^ a eart* to take tetage in A*%
o r to- eceiv, otherwise than wid iaipb
ag,,on. ethat. the Att-neyl-Geaewl'.
,.-.p ".m'..ilaw officer of the COwa,-e-, Mb
flta ispaoity as the law adviser of theCpi-
.li'ehi one hand and of the Rouse of Coameaf'
.,Vi^ other, is to be deemed a mere paid partisein wl
ties of the law, even in oases where human lives
been serifieed, are to be regarded as worthless and t4i'
*tern reult of the party exigences of the miptmt. HU
wa&i, no doubt, not only admit but avow that his view
3.. hoisCeyhm.case were the views he honeasy at the time
eattained.; and no one would question, on the eothei '
di, the sincerity of that entire alteration in hip Pr ; .'
die (ot to say conviction, for indeed he only professed .,.
to be in doubt) which he displayed on tbe presentoccasie ,'
It would, indeed, have been more candid, as there hadl .'Y
been this alteration in his, views and impressions on. the* 'j
subject, to have avowed it, and to have given the a4rtu '
ate Govemrnor the benefit of the state of doubt into which 'P
biW i. mind had been brought. It would have been. far
~ nme fair and'just to tkoe whom he asaild if ht .
- franklytold the grand jury that those gentlemen had, ut
oseda on his on view of the law, and that they, of oos, -
i seed have had no idea that he had changed his Tview '
hat they would most naturally pecur to and act upon the
Wlsen which he as Attorney-General had in his place iw,
arliament avowed and vindicated ; and that it woulk. .
oceur to their minds that.these views were othert-t.
than right. That he should have omiMtd to to
justice, while holding them up to reproba-i- ,
course which he.had declared to. bA
LB '
',.<~ ~ ,' .. .. ,,'' ,l' ,












.Cfwti4 Jbstibe, not sufficient td aiter 4his 'owM
for he only professed to doubt, but just sufficient
e him with some unconquerable prejudices against
*tPe exercise of martial law in this case of Jamaica, quit
S'precluding him from doing justice to those engaged in it.
It would be idle to attempt to find any explanation of
this in the degree of excess or the number of executions;
for, as already shown, according to the Report of the Com-
S nmissioners, the excess was reduced to a small number of
p' n. of the rebel class and race, shot down hastily, in the first
,'* MHt rage of pursuit, chiefly by private soldiers, without
p.rders and in the absence of their officers. Now the whole
number slain in the field, which he rightly stated at
about 80, was very considerably less than half the num-
be* so slain in the Ceylon case. It is true that on the
other hand the number executed by sentence of court-
", martial was very much larger in the Jamaica case,
but that was for two reasons, that the military did not
happen to meet the negroes in large bodies, because
2.-. Rpon the approach of the military they got into the
S bh ; and on the other hand, that as there was no mur-
i derous rebellion in Ceylon, and hardly any real rebellion
at all, there were comparatively few cases of acts deserving
of death ; and as already stated, the executions in Jamaica,
under sentence of court-martial, were, according to the
k-,-. Commissioners, with very few exceptions, just; whereas in
the case of wholesale military executions of men when assem,
bled in bodies as in Ceylon, there is no discrimination..
And one would think that the latter is much the worse, nor
will it do to disguise such attacks by the military on mere
S.. by giving them the name of battle; it is a vain attempt
4d .guise from ourselves that such attacks are simply
P ila1y, executions on a large scale, without inquiry aiti
so wijthOtt4iscrimination, therefore the case of Ceylon
infinitely worse than that of Jamaica, for the very resqC








ERRORS OF T7E LORD OMHIP JUSTICE. C

that while the total number of executions, in a case where
there was so danger, was only one-third less than i'
Jamaica, where the danger was so formidable, and the
number of insurgents guilty of murderous rebellion so
large, the executions in the former case were wholesale,
without inquiry and without discrimination; whereas in P
the Jamaica case they were for the most part after trials,
which the Commissioners considered, as a rule, fair and
proper.
It is impossible, then, to find any such extreme ex-
cesses in the Jamaica case, as compared with the Ceylon
case, which the Lord Chief Justice defended, as to account
for his different view of the one case, as contrasted
with the view he took of the other. And some other
. explanation must be sought of this extraordinary contrast,
and the still more extraordinary departure from the course
usually pursued by judges in charging grand juries.
I, There is, indeed, reason to believe that the mind of the
Lord Chief Justice was peculiarly and powerfully preju-
diced against the exercise of martial law in Jamaica, from
its supposed bearing on the legal right to exercise it in
this country, or in Ireland, where the common law is the
same. As already mentioned, the abolitionist party, who
had originated the agitation, had skilfully and successfully
endeavoured to secure the co-operation of the political and
philosophical Liberals, by representing to them that as the
common law was in force in Jamaica, the question, in
principle, concerned this country not less than the particular
colony. And there was, no doubt, much of an historico-
legal foundation for this view, that although there was a
colonial statute authorising, in terms, martial law, yet,
Sas what that meant must depend upon the sense in which
'.the phrase had been used and understood in previous
statutes, local or imperial, or at common law, indirectly it
-.avolved an inquiry into the sense and extent to which
law was allowed at common law. But neverthe-



;, ;, 'W








',' *- I

' abasors Theseeamsellet '
-- t in, a o,.egr
4' tkeU arn peamksof the rebellion of 1760 in
T "he yewr 1740 witam ed one of thoie diepaste aenr qtlum s Wbith
; id ever chweeter$ a ppulton w" himh -teId.o bo ~.da e. T "
:owtuat meded only w h the tqw .aletroae at of e body 4f *
a. claves. Nabqty white fell I the 4velfon, '4 400 ebel

i, -And then he mentions onlA t alleged atriodtes of tie"
ter@, and says not a wold of the atrocities perpet ,A-
sibs insurgents : this it a specimen of the abolitioiQ" :.',
of the subject; it, is always utterly oneo.a.idth. .
say read through h ntire of the -rterature with-
sering the idea that the negro is capable of in-
in freedom as well as in slavery, and that-whet
o.. are aroused, is a terrible and foraid e
whites. .
itants of our W In. colonies, bt abov
e, know too well the na of a neogr u. -r
If Mr. Eyre referred to a" very liket'bo b J
of a West Indian colvobia ernor, and .1
to be in the library f a off Jaa go or of JMMi'
Edwards' "History of the Wiet Indis," ihe
the head of Jamaica, everytha tha '
lead him to the conclusion that he might l
law in circumstances of danger:-
Sof this island, uamidt potent and wnviAou
ksames 4* amwer of whie 6ihbuaes mAdn
OAt the maintenance of a powerful mAd ,elt .
the first object of the policy of the legli,.
peewone are obliged by law to enlist, 4 tit',
If -o., Mor eof











4M* lnlelnifi4016WdtAmaei; b'r, in
place, assming that the common law athorised
S. Ariial law, in ease of necessity caused by rebellion,4t is
.' 'notorious that, as Hflalam has observed, the Riot Act swa
P' the standing army have so enormously increased the power
o off the executive, that the necessity can never arise in this
country for the exercise of martial law, at all events,
bK eyond that temporary and partial exercise of it which
is, indeed, by some denied to be any part of it, the use of
military force in attacks upon tumultuous assemblies. So
that, as regards this country, the question is one rather of
i historical than practical interest, while, on the other hand,
a' regards Ireland, it is practically superseded by statutory
enactments. And then, as regards those settled colonies
to which the common law is carried by British settlers,
that doctrine, it is manifest (though it has been strangely
forgotten), only applies to British-born subjects and their
descendants, and not to alien races in the colonies, who
may, indeed, have the rights of British sufx/jtfs, and so
the -benefit of so much of the common law as has been used
and adopted, and is consistent with local statutes, but have
no absolute right to claim, as British-born subjects, the
*whole of the common law. And further, there is a moral
as well as legal fallacy in supposing that the common law,
even in a settled colony, whither it is carried by British-
born subjects for their own protection, could possibly
Preclude them from enforcing martial law, for their pro-
S tootie against alien races, under their dominion, 'whL,
although they may be entitled to the rights of free British
objectss in the colony, are not, as a matter of feet, of ;
[' British blood, and are always more or less aniinated by
feelings of dislike for our rule, at all events where -they
;; ".esonaously preponderate in numberss, as An India aR4
', fSjdsesima, so that the few inhabitants of our own blood,
like intruders. There is a xionstrous fallacy in es
that those considerations of personal liberty which


< .o
.. 't ^








ERRORS dF THM LORD CHIEF JUSTICE. 4mow
preclude or eotraini the resort to martial law in tb.
country ooald possibly have any application when it- i
resorted to by those of our own blood for their protection
against subjects of -an alien or hostile race. And there
Weald be a still greater fallacy in regarding a rebellion
among British-born subjects as at all of the same character
in these times as it might have been centuries ago, when
millions were in serfdom, and actuated by bitter feelings
of hostility against the upper classes, and as it is in some
of our foreign possessions, where the few settlers of British
blood are encompassed by millions of a hostile race jealous of
their rule, and often thirsting for their blood. Yet the traces
of these fallacies could be observed throughout the charge
of the Lord Chief Justice, who all through insisted upon
-the entire identity, for all purposes, of the men of negro
and of British blood, and treated a negro rebellion pre-
cisely as if it were one of British-born subjects, although
such a rebellion is scarcely likely to occur in a colony. He
took great pains to establish -that the common law had
been carried to Jamaica by the English settlers, strangely
forgetting that by the very terms of the charter it was
restricted to English-born subjects and their descendants;
and that nothing was further from the notions of our an-
cestors than restraining them from the recourse to martial
law against subjects of alien race. And then, having, as
he conceived, established that the common law, bodily,
- was extended to Jamaica for all our subjects there, he
altogether overlooked the substantial difference between-
the position of our English-born subjects and their African
fellow-subjects, and throughout treated the subject as if
g .the two races were not only legally, but morally identical.
From this it followed that the Lord Chief Justice viewed
both the necessity and the nature of martial law in Jamaica
ay ,much as he would have viewed it in this country.
A"h a view necessarily precluded him from doing any
to its exercise in Jamaica. For in this country
-- K 2


I




~Q1









4 9HR CASE OF Mi. AT'-

*i,," | B that could be necessary would bd, ain he caA
S Lord George Gordon riots, or on seveikl-a'similar
S casions, the use of military force against tumultious
assemblies. Because in this country that would be *th
particular form rebellion would assume. And the moment
the assemblies were dispersed there would be an end of it.
There never could be in this country, not even in Ireland,
nor even in any of our colonies or foreign dominions, e0
cept Jamaica or India, such a terrible convulsion of society
as arises where a whole race, enormously preponderating
in numbers, and everywhere surrounding scattered portions
of our own race, are animated by a hostile spirit against
S them. In such circumstances there is no occasion for any
large rebellious assemblies, for several obvious reasons.
The English race are everywhere so much in the minority
S that they are liable to be everywhere surprised and
r slaughtered by small bodies of their hostile neighbours.
And, on the other hand, their military force is likely to be
: so small and so scattered that there would be no necessity
for attacking them; added to which, it is notorious that
half savage races always avoid meeting our troops as much
as possible, and the temptation would be to the far easier
S and safer course of simply rising- and slaying the English
nearest to them. Hence, therefore, so far from there being
any resemblance, legally, practically, or morally, between
; eh a case as that of Jamaica and that of England or Ire'
land, they are rather exactly the opposite of each othEtf
and indeed the case of a negro insurrection in Jamalica
^.R, for reasons already pointed out, without a parallel '
earth.
.^ It is obvious, therefore, that if the Lord Chief J
A fallen into the fallacies involved in such a vie
"' uld hardly, however anxious to do so, do justice to
S who had exercised martial law in Jamaica. He
'. necessarily, under such impressions, apply to the'
and principles and tests,- precisely the reverse 6








ERRORS OF THE LORD CHIEf JUSTICE. CXxi=U

which were justly applicable. He could never realise the
peril they had to deal with. And he would necessarily
treat the subject in the same way as if it regarded this'
country-that is, in the spirit of an English judge, jealous
for law and liberty. The judges of this country are the
natural guardians of our liberties and laws, and are pro-
perly and laudably zealous on their behalf. And the result
of this spirit is, that while extremely hostile to rebellious and
tumultuous assemblies, and ready to admit, with Hawkins,
that for such disorders "no remedies could be too sharp and
severe," and to sanction the use of military force, without
mercy, to disperse them, they have an intense aversion to
anything like military rule or law. Hence, on the one
hand, the anxiety of the Lord Chief Justice, throughout,
to explain that he has not the slightest objection to rebels
being slain in any numbers in actual engagement, and, on
the other hand, his detestation" of trials by court-martial.
Hence, entirely in accordance with the view taken by his
illustrious predecessor, Lord Mansfield, on the occasion of
the Lord George Gordon riots, he had no objection to the
slaughter of rioters or rebels in tumultuous assemblies-
which, indeed, like his predecessor, he denied to be martial
law at all: a view, however, which Hallam considers sophis-
tical, and which can easily be shown to be incorrect. It
is so, no doubt, where armed bodies of men are assembled
with the view of attacking the troops or the loyal subjects
of the Crown; for at common law men may be slain either
in self-defence or for the prevention of felonious outrage
plainly at the moment intended. But 'it is otherwise
where unarmed tumultuous bodies of people are assembled
rather as rioters than rebels (although by neglect the
tumults may, as on the occasion alluded to, become re-
Sbllious), and are not actually engaged or about to engage
Aj,u felonious outrage, to attack such bodies with military
ABrce and slay them, is not legal as common law, and it
an abuse of terms to call it battle. Attacks by the


p











military are neither more nor less than Xioinry asvoution&
ona large scale, without inquiry and without dineitiaina-
t'gn. On all such occasions, as on the occasion of thi tlord
George Gordon riots or the Bristol riots, many are slain
who* are only among the crowd from idle curiosity, to
deter whom, no doubt, is one object of reading the Riot
Act. But the Riot Act duly applies to the same assembly
of rioters remaining assembled after this solemn warning,
and is of little use or service where there are numerous
roving bodies of insurgents, especially if they are in the
majority.
But then, on the other. hand, this is never likely to
occur in this country, although it is likely enough in a
' 'colony, and in this country there would only be likely to be
some large tumultuous assembly or assemblies in one and
the same city or place, capable of being dealt with by the
military, and disposed of by some decisive attack. In such
attacks hundreds may be slain in an hour or two, many of
whom are certain to be innocent. Thus, on the occasion
of the Lord George Gordon riots, the number of killed
and wounded, curiously enough, tallied closely with the
number put to death in Jamaica-nearly 450. Many of
these were undoubtedly innocent; the rioters, when at-
tacked, were not engaged in felonious outrage, and the
Riot Act, on the occasion of these attacks, had not been read.
Clearly, therefore, it was illegal at common law, and it was
martial law. The then Lord Chief Justice of England, at aR
events, although he denied it to be martial law, defended
S what was done. And it is plain from several passages i
the charge of his able successor, the present Lord Chil
Justice, that he would have taken the same view. And it-'
is due to him to say that in this point of view there is a
'tire consistency between the view taken by his g
predecessor, and the view he took as Attorney-GeneralV.
the Ceylon sase, and the view propounded in his c
That is to say, he has no objection to the attacks. by.









zRaORS OF THE LOU, C xEu JUSTICE.

military upon large, tumultuous, rebellious asaembinga
people even if unarmed, or very imperfectly armed (a~p
certainly in law any offensive weapons, even sticks o
. tOes, may be deemed arms), although these attacks
virtually are military, executions on a large scale. Then,'
as Lord Mansfield vindicated the slaying of 450 rioters in
London, and the cutting down some hundreds more, the
Lord Chief Justice, then Attorney-General, vindicated the
attacking and slaying 200 Cingalese rebelliously assembled.
And all through his charge, he lays it down again and
again that rebels may be slain in the field, that is, if found
assembled together in rebellious bodies, unarmed or armed,
or at all events, if any of them axe armed, or armed in
the eye of the law, although practically, as against regular
troops, this may be without any effective arms or means of
resistance. This, however, is of doubtful legality at com-
mnon law, and it would be curious to inquire how, upon his
principles, he would charge a grand jury, if in the case of
an attack by the military* upon a-mere tumultuous assembly,
the commanding officers were indicted for the murder of a
man proved to have been a mere idle bystander, it not ap-
pearing that the rioters were engaged in any felonious
outrage, and evidence being offered that before he was
killed, a sufficient number had already been slain to dis-
perse the riotous assembly.t It is conceived that he
could not formally direct the grand jury to throw out the
bill, or4~he jury to acquit, on any common law ground;
and that he could only avoid directing a conviction for
murder by ruling first, that if the tumults were rebellious,
they amounted to war, and justified martial law, and that
the question was, not whether in the view of the jury,

To attack an unarmed, unresisting even although unlawful, assembly, in
!adoubtedly at common law murder, unless for the prevention of an imminent
't of felony. R. Burdett, 4 B., and Alderson's Reports: Rex. e. Burdett
4 ~aunaton's Reports.
at !he point actually arose in the Sixmilebridge Case, and the Court of Queen's
hi Ireland quashed the information.









CXXXvi THE CASE OF MR. ETRE.

judging after the event, it was really necessary to con-
tinue the attack, buq whether the officer honestly deemed
it necessary at the time, for the complete suppression of the
riot. And most assuredly without strong evidence of a
reckless, murderous spirit, the Lord Chief Justice would
neither utter nor tolerate any cruel imputations upon the
officer of cruelty or inhumanity, merely, because he might
think that the attack might have stopped earlier, and the
slaughter of the rioters might have been less than it was.
But although the Lord Chief Justice, like his illus-
trious predecessor, would allow the largest latitude to
attacks upon unlawful assemblies, he, like them, has an
aversion to anything like military rule, and therefore
will not tolerate martial law as to 'civilians,' while
at the same time virtually admitting it; for what are
these attacks, by the military upon mere mobs of
people but military executions on a large scale, and military
executions without any inquiry and without discrimina-
tion. The Lord Chief Justice, however, cannot tolerate the
idea of trials of rebels by court-martial even during
rebellion because he cannot realize to himself the necessity
for such deterrent measures, the reason being that he is
thinking always of this country. He allows indeed of the
execution of rebels taken in arms upon the field or just
after a battle (which is clearly martial law, since it is
no more lawful at common law to kill a man without trial
after battle than before), and he says again and again that
rebels taken in arms may be executed. Elsewhere indeed
he goes further and says:-
"Surely if a rebellion is raging, men enough will be taken red-
handed,' as it is termed, of whose guilt the proofs are patent and at hand.
Such cases will furnish ready victims enough, even though the proceedings
should be conducted according to the procedure of ordinary military tri-
bunals." (Charge, p. 108.)
Here the Lord Chief Justice appears to allow execution
by martial law, provided the cases are clear whether or nor



..











the rmen re taken in arms, or taken after
latewMd Wtatift rould make martial law useless it
ilf etius, the most dangerous kind of insur
|tmeh as they always avoid as much as possible meet
ae troop., and Gordon himself pointed out that this
wfthe course they took in St. Domingo, where he said
As troops were exhaualted before they could meet the blacks, and
he -said that this would be the strategy pursued in ease of a
rebellion in Jamaica. If therefore martial law could only
be xtercised after battle it could not be exercised in the
most terrible of all possible emergencies; and thus a colony
might be covered with triumphant insurrection, and the
scene of unutterable horror, without any power to exert the
deterrent terrors of martial law. In the above passage,
however, the Lord Chief Justice appears to allow of
martial law and military executions in clear ases. That
-being '7o, it is unaccountable that he should have de-
neunced the executions in Jamaica, so far as they 'were
under sentence of court-martial, because the Commissioners
reported-
S "In the great majority of cases, the evidence was unobjectionable in
c. character and quite sufcient to sustain the findgs."

And as the Lord Chief Justice himself states, the exeeu-
tions under sentence of court-martial comprised the over-
Swhelming majority of the cases, 354 out of 439, leaving only
85 to be accounted for otherwise, and of these, as he was well
rare, the greater portion, as many as ten at a time, were
at by black soldiers in the absence of their officers. So
as the Governor or military commander are concerned,
fore, the Lord Chief Justice, even according to his
views, could have nothing to say against the great ma-
ibf the executions in Jamaica; and even as to the small
se (only five cases in which the evidence appeared in-
t) the Commissioners themselves candidly cautioned
not to assume that the men were necessarily


I. -


3.^-










e* there did not appear Auefa dOnoqi we
of the proceedings. What thea,. i4srth*,.aer
Ste.tone of vehement. denunciation which pexq"qa
Shage of the Lord Chief Justice against the exeroisejo
martial law in Jamaica as contrasted with his defenee'of
its execution in Ceylon, a case of infinitely leas danger,. and,
iR proportion to the danger one of infinitely greater severity.
Partly no doubt from the reasons already alluded to, that:
the Lord Chief Justice did not realise the peculiar features
'.y' of the case, he did not realise the difference of the degree,
(t A3agerQand thi different nature of a negro insurrection,,
". lore.all in a colony like Jamaica where the preponderance,
the negro race is so enormous as to make the case one,
S in point of danger, without any possible parallel on
earth.
It is impossible not to perceive that the Lord Chief
Justice had some special feeling of aversion to martial.
law against negroes, and above all in Jamaica. And if
the Lord Chief Justice had become imbued with the ani-.
mosities and prejudices entertained by the abolitionist
.'.- party against the English inhabitants of our former slave
colonies, then the explanation would be easy. That party,
composedof well-meaning but narrow-minded men,haddur-
4.L ing the long and angry controversies about slavery, allowed
themselves, in their eager pursuit of their excellent objects
such an unscrupulous use of the weapons of calumny an&
Misrepresentation, that they at last became the victim 4%
their own inventions, and came really to regard o
fellow countrymen in the West Indies as monsters,
cruelty and unkindness, against whom it was no crime
the negroes to rise in insurrection, and whose whole
massacre would be very venial and quite natural,.if
.audable retribution. And they had not had time
S.thesPelves of these shocking animosities when
were vrevvod and embittered by the angry contests ,
I"; contweries,which followed emancipation, in the








ERRORS O. TUR LO6 t

whik thephime always take the view that t "
are itfint y in the right and their white em. !
Salarmr l.Ae *rmng;. so that, in short) a negr i
4b n:tha whole, was not to be wondered at,. and a
much to be. blamed. It is manifest that peraens wi4t
this kind of impression on their mind cannot possibly take
a fair view of measures taken by the English race, for their
protection against the horrors of negro insurrection. And
if t*e Lord Chief Justice had in any degree become
imbued with these ideas, it would be perfectly impossible
fer him, however sincerely he might wish it, to do jus-
tice uponkuch a question. For undoubtedly the number
of executions in Jamaica was so large that. it could only
be excused by a terrible and formidable danger, only to
be averted by a stern recourse to deterrent measures
equally terrible. And this was from the first Mr. Eyre's,
,n ,view. From the first he felt that this and this only
could justify the severities he resorted to. On the other
hand,. his eminent assailant Mr. Buxton frankly admitted
.that, if indeed the peril was so terrible, then the measures
taken, terrible as they were, would hardly be excessive.
It is entirely a question of the degree of danger; and
therefore, if the mind of the Lord Chief Justice was
imbued with prejudices and impressions which precluded
him from fully realising the peril, it would be hopeless
for him to attempt, however sincerely, to do justice to
Mr. Eyre.
It has been shown what means of combination and what
agitationwere resorted to for the diffusion of the abolitionist
view of the case, that the negro could not be culpable.
These measures to a great extent had succeeded, and the
I charge of the Lord Chief Justice, from the outset to the
Ied, betrayed the effects of the influences thus exercised
8M aa extent entirely incompatible with his taking a fair
MW of a negro rebellion. The only instance i. which -
-had been a similar danger and a similar degree of











lOain that the writer considered that uailtld:w .
41&1&ae proclaimed in time of danger. And 4he anther


"Soon after the above was written (the author being at that tinte n
samaica) the Governor, by the advice of a council, proclaimed martial
law. This was in 1791, and it arose from a notion very generally preva-
lent in the island, that conspiracies.and projects of rebellion were afloat .
among the negroes, in consequence of the disturbances in St. Domingo." s

And we may easily imagine how a Governor in those days
would have dealt with any one found to have been inciting
the negroes to revolt. The historian narrates how, a few
yeas later, in 1795, a bloody rebellion did break out in
S Jamaica, originated, be it observed, not by the enslaved
negroes, but by the free Africans, the Maroons, of whom
he says:- "
They pleased themselves with the hope of prevailing on the negro
Alares throughout the island to join them, and, by rising in a mass, to .
enable them to exterminate the whites at a blow. They began tampering
with the negroes on the numerous and extensive plantations, and on
some of these the emissaries were cordially received." -(Ibid, vol iii.

'.. The historian continues:-

S"By the advice of a council of war the Government pu tke wAhok a ad
s wter martial law. The reader will see that resources of such extent
and magnitude were not adopted solely in the belief that the Marooins,
alone were concerned. It must be repeated that the most certain and
abundant proofs have been transmitted to the Commander-in-chief of
their attempts to create a general revolt of the enslaved negroes, and it
was impossible to foresee.the result. The situation of the slaves under.
prevailing circumstances required .the most serious attention. With ths
4".--- recent example before their eyes of the dreadful insurrection in S ;
Domingo," &c. (Ibid..)
The circumstances, it will be observed, were ve
Ato those of the recent, rebellion, except, indeed, thatH
e' Teral reasons the latter was infinitely the more fo
ble.' The number of negroes on the island was

.' t,'J 4';'';:' "- j.











W M W in the rebellion of 1760; and t an early
f his charge the Lord Chief Justice thus elluded
i .. 'he subject of negro insurrections, and especial. to
f' hat of 1760. He made this astounding statement, which
4d cannot be traced, so far as the Author is aware, to kny
publication:-
S" suppose there is no island or place in the world in which there
has been so much of insurrection and disorder as the island of Jamaica.
'. There is no place in which the curse which attaches to slavery, both as
regards the master and the slave, has been so strikingly illustrated. Mr.
'.P o(ptgomery Martin, in his History of the Colonies,' tells us, with refer-
ence to Jamaica, that between the settlement of the colony and the year
S 182, a period of about 154 years, there were no less than twenty-eight
insurrections of the negroes in the island, being at the average rate of
about one in every five years. And these outbreaks appear to have been
put down with an amount of violence and barbarity which is perfectly
appalling" kp. 79).
Now, the legal irrelevancy of all this will be too obvious
to need observation, while, on the other hand, its ten-
dency to inflame the minds of the grand jury, against
persons accused of undue severity in putting down a
negro insurrection will be equally self-evident. The*
foundation is skilfully and artistically laid by a striking
picture of former atrocities, represented as inflicted by
the whites upon the negroes, of course without a word as
to the previous atrocities of the negroes which might have
provoked retaliatory severities; and thus the minds of tbhe,
grand jury were prepared and predisposed to'consider
measures taken on the present occasion were imp
and excessive. The inference is irresistibly sug
beforehand in this skilful statement. It is represented,
S the usual, the customary course on these occasions, and'
having been taken on nearly thirty occasions of in re
'within a century and a half.
This is the statement alluded to as astounding,
far a the Author is aware there is no foundati
it in any published work, at all events none of ayi'








JURORS 0? VIHULORD OMHIBF JUSTICE. 4" i '

Srty. Most certainly it is not to be found in Mr. Martin's
History of the British Colonies, at least in any edition that
he has seen. The edition in 1834 states that there haA
beenfour rebellions prior to the one now in question; and
ff since then he has discovered twenty-four others, he has
made discov ees under the influence of partisan feeling
which no one else has made. The author, however, be-
lieves that no such statement appears in any published
work of authority, and he doubts if it has appeared in any
published work; and as it is not to be found in Mr. Martin's
work, the author ventures to doubt, from that and other
reasons, whether the Lord Chief Justice had ever read Mr.
Martin's work, and whether this astonishing statement is
not derived from some still more zealous and unauthentic
work; if, indeed, from any published work at all. It could
only bd invested with the semblance of truth by including
the more petty disturbances upon particular estates. Of
anything like negro insurrection, no historian (so far as
the author is aware) mentions more than four previous
to the recent one, and they were all, with one exception,
rebellions of free negroes, or negroes about to be freed, and
at the very time when measures for the amelioration
of their condition were either in operation or in contem-
plation. The Maroon rebellion in 1733 was a rebellion
of free negroes; the negro rebellion of 1760 was the
only one which could with any fairness be connected
with slavery. The rebellion of 1795 was incited and
commenced by the free Africans, the Maroons, and the
condition of the negroes was then greatly ameliorated.
The rebellion of 1832 was a rebellion of negroes about
to be emancipated; and, indeed, as Alison states, was
caused by mischievous statements that they had been
.emancipated; and the rebellion of 1865 was a rebellion of
free negroes.
Such are the facts of history. Now let us follow the in-
L4minatory statements of the Lord Chief Justice: -









c:*'' THE MASE OF MR. EYRE.


1- At'.yer. two principal insurrections, one took plaeft i 1760, in
'. vrbl it is said that about one thousand negroes perished by execution end.
slaughter of every kind, and in which martial law was carried to an excess
which we perhaps never anywhere else heard of. If we may beliree 'the
i,- ... hitoians of the West Indies, speaking from the narratives of eye-witnesss,
not only was death executed upon the unhappy negroes when driven into
revolt by the severity and cruelty to which they were subject, but they
were punished by the most unheard-of barbarities." (Charge, p. 179.)

The Author is not aware of any historian who states that
in this or any other rebellion the negroes were driven into
Sevolt by the cruelty and severity to which they were sub-
jected; and, on the contrary, he finds from the plain facts
of history that this could not possibly have been the case
in four out of the five rebellions that had taken place,
seeing that they were rebellions of free negroes, and it is
not recorded by any historian of the rebellion alluded to.
Neither is it mentioned even by Mr. Martin, though an
abolitionist historian, that 1000 negroes" perished by
execution or slaughter, but only 400. And although it is
mentioned by him that such barbarities took place, the
authority is not trustworthy which makes no mention of
the atrocities undoubtedly perpetrated by the negroes.
The above, it will be seen, is a characteristic specimen of
what may be called an abolitionist view of the subject :
not recognizing the commission of any wrong on the part
of the negro; ascribing everything wrong to the whit
colonists; making no mention of the atrocities perpetrated
by the negroes; and representing in the most inflammat
Sway the severities exercised by way of punishment u
the negroes, perhaps in some instances partaking of
wild justice of revenge," and being retaliatory atroc
for atrocities already inflicted by the negroes. Such
the. temper and spirit in which the Lord 'Chief Ju
approached the case before him, and it is not wonder|
that he went wrong.
The same temper and spirit will be found betrayet
note to his published charge, in which are some ita


exlii









l'fla BBoB9 m. 6RD e CBBmw rSVnjj *

of a imfiarebalswer. Perhaps the -moot
taure eiLri thi s meet remarkable charge is
obltiwugamB bf the Lord Chief Jaktice as to the a 4
qWlin ids whi4h, as Attorney-General, he so vehemently ,
O&~M martial law, in a ease, as as been .shom, of in-
ia*i less necessity than that of Jamaica, indeed of no
Reesaity at all.

Thrice in little more than a century-to say nothing or the ibarrowm
perpetratedin putting down the insurrection in Jamaica in 1760, in Ireland,
Ih Demerara, 'in 3amaica-has martial law been carried intt executioti
rtiet, 41rcmnstances of the most painful character."

How singular that he should not have mentioned Ceylon !
He could not have forgotten it, surely, for he yas Attorney-
Lenerl at the time, and defended it. Why, then; did Aq
pt..nxention it P
"|man must be dead to all sentiments of humaiity, must have
il~ ed mercy from the catalogue of human''virtues, who can retd the
hit-tyof the Irish rebellion at the close of the last century, the history
of the slave insurrections in Demerara, and of the punishments then .in-
flicted under martial law, as detailed in Mr. Martin's History of the
Colonies,' or the account of the executions and hangings after the recent
outbreak In'Jamaiea, without shuddering to think what human natu rb
is -calpabe of when stimulated by the fierce passions engendered by aWeit
conflict, or by the sense of present, or recollection of past fear, vengeance.
is let loose in the shape of martial law, to be executed by a dominant
lass on an inferior and despised race." (Note to charge, p. 161.)

It may perhaps be permitted to ask, with prfend
respeet, did the Lord Chief Justice shudder" when h
defended all that was done in Ceylon, when, after 200 iadl
been slain in the field, 'some score or two more were ~ e-
Souted, besides aboAt 100 sentenced to other punishment, '
lad all for a mere political rising, without the loss of
life? But then, Ceylon is a Crown colony, so it matter
Vat a straw what is done to the unfortunate natives S.
it was indeed in Demerara; but there they were blacks
who su ered. The Cingalese are, not blacks. And it 'is









THE CASE OF MR. EYRE..


only negroes who enjoy the inestimable advantage of the
sympathy of the Lord Chief Justice. His sensibility is
curiously one-sided. He has an immense horror of the
severities inflicted upon the negroes in suppression of an
insurrection, but he never notices the atrocities perpetrated
by them. The reason is obvious. It is explained by the
very references the Lord Chief Justice gives. He has
taken his account of these matters from Mr. Montgomery
Martin's book. He is evidently conversant only with the
abolitionist view of the subject; he has been so deeply
imbued with abolitionist sentiments and 'notions, that he
has looked at only one side of the subject, as abolitionists
always do. He can see no crimes in the rebellions of the
negroes, he only sees crime on the side of those who have
had to suppress them. In the same spirit as theirs, he
does them the grievous injustice of comparing the mea-
sures recently taken, as a whole, with the horrible cruelties
perpetrated in the Irish rebellion, when men were hung
by hundreds without any evidence, without even a pre-
tence of guilt, and deliberate and hellish tortures were
invented and inflicted. The Lord Chief Justice deliberately
compares this with the recent case, in which, in the great
bulk of the cases, the Commissioners report that those
who were punished were justly punished, and fairly tried,
and that only at one particular place was there anything
that could be fairly called torture.
Such being the character of the general views of the Lord
Chief Justice upon the subject of negro insurrections, it
may be imagined that he would not be predisposed to
regard with much indulgence any severities inflicted in
the suppression of a negro rebellion. And in addition to
this there was the prejudice with which he almost avowsa,
as a lawyer, he could not fail to regard martial lxaw'
and especially an instance of its exercise .undoubtedly k
He says "that lawyers wedded and devoted to the common law the si
their lives, would be apt to look with contempt on a law administered by
tribunals" (p. 105). That is, their minds being narrowed by a special study.


exliv









ERRORS *O T11T LORD CHIEF JUSTICE. '. v 5

extreme w-tho one in question, and which could. o*ly be
excused by .fully realising a very terrible degree 'bf'
danger.
1, a certain sense the Lord Chief Justice fully admitted
ibe formidable danger; that is, he admitted, and forcibly
stated, thefacts whence it could be inferred, and whence
the grand jury no doubt inferred it. But then, from the
prejudices just mentioned, his detestation of martial law,
and his excitement at the extent of the severities which
' he had realized powerfully enough, he assumed to himself
the function of drawing inferences, of fact, which were
properly for the jury, and he failed to draw them fully
and effectually. As to the primary facts, they could not
be better stated than in the clear and forcible language
of the Lord Chief Justice himself; and it is manifest that
if he did injustice it was .not because he did not desire to
do justice, but because, under the influence of the pre-;
judices and feelings referred to, he failed to draw the
natural inferences from the facts he stated:-
* It appears that in the year 1865, spirit of discontent and dissatisfac-
tion and of hostility to the authorities had manifested itself among the negro
i population in parts of the island of Jamaica. On the 7th October in that
year,.some disturbance took place on the occasion of a magisterial meet-
ing at. the Court-house in Morant Bay. It is not necessary to go into the
circumstances of that disturbance, but it seems to have brought the insur-
rectionary spirit to a crisis. Immediately after it the negroes in the
neighbourhood were evidently in an excited state, and were making prepa-
rations for an outbreak, so much so that on the 10th October it was
thought necessary by the local authorities to communicate with the Gover-
nor, and to apply to him for military assistance. On the 10th, warrants
having been issued against one or two of the persons who had taken part
ih the disturbance on the 7th, upon those warrants being attempted to be
put in execution, forcible resistance was offered, and on the 11th, the in-
surgents, to the number of several hundreds, made their appearance more
or less in arms. They attacked the Court-house at Morant Bay, in which
a vestry meeting was being held. The volunteers came to the assistance-
of the magistrates, but they were overpowered; the Coart-house was
Stormed, and no less than eighteen persons were killed and upwards of
Sthirty wounded, and from that moment the negro population in the neigh-.
bourbood was in a state of rebellious insurrectioi. This spread itself -
*L














teo.Ni'dt ieny Sa 4w 1UM. e W,

population, the itwao 9f thka Ne =_ i`
S woy of the art sm.' wom ftw ~
GSjwamtemplte. Thistate Aft aa,M



ta e d.mivia h e hit r l rf the h pk4 *




was ,,mWan yir*l tii
Aw8 a to Wii poltav wvitha maEItb UmJ







e'Wpq m~ble to put the case .O>
Fr 1or, fem iry, up to that poat a
tet. did MrY Eyre i.juie,










S quit idut,$i ,n .,lion. And thi!ai fj
tie lwngu ip tie note to the charge,
0.tatP thieio thed whole question in the case o:
sii m ti y to "iteit that.f imanrtial law can lawdffly be i t
ta isrd i resiho tldtes attending the meant outbreak wesreaflath '
A @npat, to wan4t its apliseags And even th&euth b.lunr
eeu o i s nat ope, prut dowa, i ipg wk ullto hame Asthe w' ofs
Solders pwisf aent at An nd, having, a it we, ouhtr "
o to opro.e a f erida te Urror into ate& minds is ta erwest i4 "
,, jfetispaeseto disonber x sxidsng ai ."a
that the Lord Chief Justice although deeply averse .
I O martial law, admitted that if any further disposition to
disorder should be manifested, the terror of summary ,
execution of prisoners might well be resorted to. But
he says:-
'q n ot hking qf the asort did manifest itse(f. The mere presence of t
of soldiers sufficed ta put an end to what appeared at the ontapt .
V id prove a formidable insurrection, but which in the result turned
be of a totally different character."
Bi. !8o that, according to the view of the Lord Chief .
Justice, derived, it will be observed, not from the Jepora, .
a but from popular speakers and newspapers, the rebellipon
wqa ot of a formidable character. "It teas over ina a

& ta aetaiona was over within twenty-four hours afte mar-
.It a"as that all appehension of teatis 'did-
iA|^*M 44 .A ta u ngMO ftiriNebrate sa was uts a
*9k- ;q 'eof Ggrdon's triaL Ifo farher insurrectiou, p .
toqk place; there was no rebellion going on which ran-
e"weary." (Charge, p162.)
kgqiu he sys:-
Insurrection was pat down in a day, and no resistance of any sort *,-
to the handful of soldiers, whose presence sufficed to extin-
I. (Ibid., p. 161.)
puts the popular view of the case, upon Which
been condemned. And It a obvibis that ..
-!


I.
uu Ak.~r1. ;~.,.2,Mah r








., jM ,-i ,v& 'CA8E Oa F,1. *

his condemnation dependspTrixoally upon
fth view qf the case in point qf fact.: 'A- i was
ly a question of fact, it is obvious that the: Lord
ef Justice had no right thus not only to express a
strong opinion upon it, even in a case in which Mr. Eyre
was in no way before him, but this extra-judicial condem-
nation of him without hearing him, and even in total
disregard of the facts found officially in his favour, is only
an illustration of the measure of justice he has received,
and when a judge goes out of his province to state matters
f fact, it is natural that he should fall into error. It is im-
plied in the above that if it were not a correct statement
in point of fact, and if, indeed, further acts of insurrection
did occur, the continuance of summary executions to strike
terror into the minds of the negro population would have
been justifiable. Now, such acts did occur, and were stated
*' by the Commissioners in their report. The passage has
already been cited in which they state an encounter with
armed insurgents in the field a week after the outbreak
of the rebellion. This was a week after the declara-
,. tioa of martial law; and thus the rebellion which was
put down in a day was then actually more audacious
than ever! The insurgents were actually daring,
j,*, for the first time, to meet the Queen's forces in the
field. The actual leaders were at large, urging them-
vehemently to continue the revolt. An address wad.
found bearing their names, and couched in terms whict
amounted to the declaration of a war of race and colour.
S The white people send a proclamation to make war against us. Lea
your houses, take your guns, who don't have guns, take cutlasses. B
your shells, roll your drums; hand to hand, take out every man,
them down, any that you can find on the way take them down with
S arms; war is at hand, my black skins, war is at hand "
A week after the outbreak, the leaders who issued
:.' address were at large; the blacks were 430,000, the
13,000, the troops scarcely 1,000; the rebels were g









ERRORS OF THE LORD CHIEF JUSTICE. *

bold enough to meet the Queen's forces in the field, a"d
the Lord Chief Justice tells the public that the rebellie*
wasover in a day Overl Why it had hardly began I
lThe Lord Chief Justice, it is clear, confounded the outbreak
with the rebellion of which it was the outbreak-just the
kind of mistake a lawyer might naturally make, who can
understand an actual outbreak or open insurrection, but
* could not so well realise a state of rebellion. And this mis-
take has-Been made throughout. Mr. Eyre had dealt with
Sa rebellion; his assailants have assumed a mere outbreak.
If they were wrong in that assumption, it follows that he
was right.
Now, that their view is wrong and that his view is right
has been already shown from the language of the Imperial
Parliament and from the words of the Colonial Act, to
which, strange to say, the Lord Chief Justice did not
advert. That Act expressly allowed martial law in case
of apprehended danger or appearance of danger; so that, as
the Act plainly indicated that martial law should be kept
in force so long as danger was apprehended, the only
question would be, whether, at the time, danger was to be
apprehended. But with that question the Lord Chief
Justice did not deal, nor do any of the Governor's assail-
*i deal with it. They avoid it. They. talk. of actual
ce being over, and the like, as if there might not
of rebellion after actual resistance had stopped.
Chief Justice said:-
were no doubt entertained of outbreaks in other parts of the
I ad communications to that effect were made to the Governor, but
O"Iovred unfounded ; no further insurrection, no further distur-
o place. There was no rebellion going on for the suppression of
martial law was necessary, yet martial law went on in its sanguinary
S(Note to Charge, p. 162.)

lie, observe, entirely extra-judicial, written and pub-
the occasion of a case in which the Governor was
rmed-all, therefore, utterly unwarrantable; but


_.

















-. t **;*** *,' ". :" ^..,'L
"They as' t er d-qurters at .isace *M ator
'oi try, of mat dwlt osess. om this rereta, alo, t
Sto tarW they eat Out sanll parti. Atvvious
peopip fell into their hands, il9 of whom were murdered in e,
.writhoet any distinction to set or regard to ag.. Even women ta
-aid ijdnts at the braest, were alike alughtered by the av'eI
1d0 the sbrieks of the miserable victims frequently oonvyed *16 A
-.' t bat.the inisagete were in the neighborhood (bdi 0.,
"It was evident that It would prove a work of greater dMficulty tht .I
iMWgined to astop the .depredations which were. daily andhwr
ed by the horde of savagep. Neither the courage nar
,beat disciplined troops in the world could alwaya ava',,; L'
SlaiUg in secemt, like the tigers of Africa. (thealves i\
etgepttbut murder." (Ibid, p. 42.) ,
would a negro insurrection be if ever Q o i
'*ek to take root, so to speak, and plant iteif t '
uch was a negro insurrection befprc: C
and the cose of St. Dosingo showed th$
.Muoh danger of it,,'aad as fuch bhorot i
Owere the egro pjAkfow exbfr -pdw B
'great horror in it when it ocoarre8. it,
all through that the oa-e in 'ha& .s .
o 8amaica, where the nuber of
here except Hayti, and khre A
the two races is far greatertnia :

goJat saidke to enppose that do sh
as Jamaica, removed the

eit a hnepe t the'-

As ".






7*'.. ?p: '


p, *o
Bel *'N ^I CAte 6f Nil. tilE.

,i^ tlan be answered in the language of the Lord
fEsi' tite himself. He, when Attorney-General, said,
e, te C6ylon case, when, with infinitely greater force, the
same argument was urged.
." It was all very well to talk of this comparatively bloodless rebellion,
which they had i-ippressed vithbuit diltlculty ; but let them recollect the
spirit of the people, the disaffectioi to the Government, aud all the cir-
camstances counecteed with the native population. Jt was said that the
rigour was excereive, and he admitted that it was so, if they looked at the
amount of pnunihmient only with referEnce to the particular rebellion.
'1nt in considering the question of puni~hmerit, the Governor Lad to look
at all the smurounding circumstances of the case. They did not punish
men simply for the offences they had committed, but in order to deter
other from following their example."
No doubt. Most true and most just. All punishment
is deterrent, and the necessity for deterrent measures must
be in proportion to the magnitude of the danger. In the
case upon which these remarks just quoted were made it
was admitted that there was no great danger, and after
Ph' the first day or two no real danger at all. It was admitted
w. that it was a bloodless rebelliou-a mere political rising,
V not heartily engaging the people, and into which they
were rather driven against their will. Yet it was ad-
Smitted that after 200 had been slain in the field about
twenty were executed by court-martial, although not a
single life had been taken by the insurgents. In thb,
present case, on the other hand, it was admitted by'
the Government that there was a formidable danger; if
is notorious that it was a rebellion begun by a massacre;
it was reported by Royal Commissioners that the object
3b was the extirpation of the whole white population; ii
was a war of races--a war of exterminationeby half
million of blacks against a handful of whites; it was
peril withoutt any parall in history.; and a governor h
r" '. been recalled because he continued martial law th .
$' weeks after armed resistance ceased. and executed,
tenth of those who took part in the rebellion '


4%., -.;^

1 "'


It













W" &At bdcre him.. Mr. Eyre
Sia way. All the worse for
that ht was met -for the Lord Chief Juatice
phaps re h eenh perp careful nA t do him in
As it .we, howe% be was not, b re the Lord
, f Justice, who wa.trying, not Mr. Eyre,'the Gn"mrw
but Colonel Nelson, the tilittuy commander. AMi t w
CWase was hetrying? The case of Gordon, who was AeiM
it is known just at the end of the first week of martiall &t.
that.the Lord Chief Justice had no cause or occasion to
enter at all into the question of its continuance beyond th 6.
Or. week; and he himself said:- .

"'f ever there were eircumtsaces which, if it be lawful to put martial :
,ete. calbd for the application of i, it was this caeo. Nor do I
-wMlF ifeor t &O COur, wdib rcsfremse to this parutcter h4a, ,tA .
-r'~fa M s keyp up lomgqr taand neededto hare bos" (CharPg


tAnd.ft he did enter into it, -as has been seen, not only 4
-'* instance, in his charge, but on his pblibcatiHon- '',
note. He told the grand jury at the out..


shte, eai'a tonasequenee of the a publication on the ,
i:tM &oelad eAs followed by' other troops and
is p lpof number comparatively email, was
and eup this outbreak. The moment the sol-
theU tho Ale insurrection collapsed. The negroma .
of the military appears to have been to '
6 aSL l, ...L..when martial law had bee4 proclaimed, to
bela1 litary tribanuls. Martial law was proclaimed
.8th." (('h ep, p. .),

A. j of the above was to convey the .,
Vie rebellion wa put down before
pu -___














Sthir, p that, t a Ae a d ,abr .b~
Srebel b n thettooip in theBelA,
Stite aia change, the Lord Ohief Jusetile sdt-
It. a.ppo.,& th'.. w it is bom ian _. t
. pV.. tb as so.4 PA tb.he




S. '. 1 .. -. ... .....
ar boie who hUve though th64
? l iatalti i th brogrt, reproach *iB`






6or W othbr executions, qfer te*
a;'anad the only effect of is alluding I is
g^644 peif 0 the mait' of the jury, 1 it
heet^T^ i~at 1i ne aown, sa ni.a4
M'*atWii '1dax the e'nind of any'
S ide t the cqe done. As Mr."
tion was terribe,' Tbe Ml
view of( qw t<6 I8,6i6A


















A s et a Wl oIt of the m ef So I
ndit is moet imp ninton .
S thius on-kaidnesa of view prodieed so mjuriost
Sijaiee even upen his clear and candid mind, 'at
have been its influence upon the minds of others?
w.. OChief Justice in the note to hid charge, sums up
ua the most inflammatory wty the number of p
Wed or ofeise pniuhed, but takeswnotw wha"'
-B'guiU or innoece, or of the n iber of per6 "
in Mhe nbeZlion, or the oirages iwhA dccVYr I'
Cf ,er so s eA as 4ades to that aM d qf the '.
n igRt read hi whole charge through mhislc tj
ate note, without ever finding any reason to
Sa single person executed was really guilty of azi
Nay, you uld naturally imagine from his leng@age
Stim.ce as to crimes and criminals, that V
Oupt .#r punished were entire *iooMlt t- A
as. < of the repo ma"e.t e '






Ls IB never tired of qsp idng of 439 peroas put to
never mentions that the Commissioners i.

1eemsbe of the Jamala Commnee were very YumiiW -(
of ".pt.he evidence as were caloviae to .
ludeau' s -, view of the*. e a

.11..
:-.. e ,' ,''....'''. ,. Wi J L... nrA _- .











do, at least, between four a Stw thou-
MM have been guilty of the various. aGt, qi.
tiaon d of ferocious outrage which occwared. The
issioners distinctly stated that it was difficult to
,i ive at any estimate of the numbers engaged in the re-
S belion, but that it was undoubtedly very large," and
they also stated thatbodies of from 1500 to 2000 negroe#
at a time were engaged in the various outrages which

The Lord Chief Justice never notices all this, and his
6. .A would leave upon the mind the impression that the
40 persons put to death were innocent, or at all events,
mst deserving of death, and that even if guilty their axe-
S nation was unnecessary. That they were, with very few
exceptions, according to the careful judicial report of the
Commissioners, guilty, and executed at all events justly, iE
a point he never notices, and thus, of course, destroys thell
moral value of his opinion that these executions were u
S" ewary. For it shows that he was labouring under
'R awce of some feeling or prejudice which obscured
VIne, fA & He puts the case thus, in terms which fhr
a'- aWrly resetoble the heated and exaggerated asseS
., tion of Mr. Buxton than the careful judicial statement
of the Commissioners:-

"When it is borne in mind that though the late insurrection was
down in a day, and that no resistant. .f aan~art or kind was offered to
handful of soldiers, whose pre.nce sufficed to extinguish it, upwa
1600 personas suffered death or torture."

S "Put down in a day." ".No resistance of any
kind." Yet the Commissioners report that ten days
S .,the rebellion broke out, it was still unsubdued,
ao,, rgent met the troops in the field 1 The
soldiers ahose presence sufficed to extinguish it."
*tbevidene Wbfme him showed that they were Lwr
at two engaged in militia7 operstionswhich the.









"F t, Y> .O 'T "OR' B '

sioners approve oAe and that thee very tertbre of mrtal
law which the Lord Chief Justice is denouncing, were kept
up the whole time How does he know that but b-for the .
Ut.i'on of martial law the rebellion would have been kept *?
undit' as it was And be it remembered that if the re-
bellion had once gained head, or, as the Commissioners put .,
it, had once gained more th m a momentary ascendency, the
colony would have been involved in utter ruin, and in
horrors it is terrible to contemplate. For what could the .
"mere handful" of soldiers do against nearly half million .
of infuriated bluiks? It was, it is manifest, only thb
terrors of martial law which enabled this "mere hand)fl" .
of soldiers to keep them down, and it is for having allowed
these terrors to be exerted, that the Governor of Jamaica
has been censured and recalled, and has been thus held up ,
to reprobation by the Lord Chief Justice of England I But
A;: the very tone and spirit' of his extra-judicial denunoia- .
tions destroys their moral force. Upwards of one
thousand persons suffered death or torture," as if flogging ', .
and death were equivalent, and as if all who were flogged
were tortured." Is it too much to say that these ex-
aggerated and inflamed representations more resembled
the heated statements of partizans than the calm language
of a judge ? When the Lord Chief Justice sentences a
criminal to be flogged, does he order him to be "tor-
tured ? And are men less guilty because they are guilty 4.,
%a in hundreds or thousands F Was it the fault of Mr. Eyre
that there were so many insurgents, or so many who took "
advantage of insurrection to become plunderers Would
it not have been far more fair to observe upon the fact
that of so many sentenced to death, the Commissioners t
reported that the great majority suffered justly, and ,
that as to the others, the very fact that far more were sen- 'j
tenced to be flogged than were executed, supported this ,
r statement, and showed that at all events some discrimina-
-'ti m was exercised; and ought he not to have added that '. ,


....k7$
-, 'q'








1 'e U: KU y. ,M ,*CAS, A ,M, *A .M O., ., ...

the evkemw showed that the lesser punishnint was in-
j^ ltd -or the lesser offence of plundering, and that the
-t al punishment was, as a rule, reserved for those'who
K... had taken part in a murderous rebellion P Was it worthy
of a judge to represent that so many persons had suffered,
without saying one word as to their having, for the most
part, suffered justly, or without remembering that even as
^. regarded those of whom this was not shown, there was no
imputation upon the Governor whom he was holding up
to reprobation. Such however is the kind of representa-
tion on which the Governor of Jamaica has been' con-
'Y demned. -That is to say, upon" representations having, no
' resemblane to the real facts, as remote as possible from the
truth-nay, in many respects, the very opposite of the truth.
Such were the statements of the -Lord Chief Justice of
England; and these statements by the Lord Chief Justice,
put forth, as he himself tells us, with all the weight and
influence which belong to his office," would be, of course,
calculated, although utterly extra-judicial, to inflict upon
Mr. Eyre a degree of injury hardly remediable, giving, in
the eye of the public, a kind of judicial sanction to all the
most monstrous exaggerations, and even partial misstate-
ments.
S Not one man in ten thousand of all the millions who
read the charge of the Lord Chief Justice either in ephe7
meral reports or in the authentic form, could doubt for 0,
moment that so eminent a person was perfectly accura
and reliable in his representations, or dream of verf
them by reference to the report. And of these millions'
readers probably few would ever divest themselves of
notion of horrible excesses allowed at all events by
Eyre, whereas the real effect of the report was that t
were no excesses in any way allowed by him, or for w
e was in any way responsible. The: contrary imp
to the prejudice, and perhaps ruin, of Mr. Eyre, is
w ascribed principally to the extra-judicial declaration









OQENERAL RESULTS OF TutE OAS. e
Lord Chief Justice of England, put forth by him- 'i*tli dal
the weight and influence which belong to his office"--4ohis
office "as a minister of justice profoundly imbued with the
sense of what is due to that first and most sacred of earthly
obligations," and by a sense of which he felt impelled to
publish these injurious and ruinous representations against
a man who was in no way before him, and against whom
he had no conceivable right to say, or to speak, or to pub-
lish a single word. Upon such representations, and by a
public opinion thus worked upon and excited, Mr. Eyre has
been condemned-condemned, after having saved one of
our finest colonies from a fate it is horrible to contemplate;
the fate of St. Domingo, a name the very synonym for un-
utterable horrors, and atrocities indescribable in human
language!
Such the fate of the Governor who has saved a colony,
what worse fate could have befallen him had he lost it-P
Recalled, condemned, ruined, held up to reprobation for .
S oralty and inhumanity, and his name declared to be
"covered with infamy ;" and all-for what P Because, in a
terrible emergency, thus described by one of our most illus-
trious writers-

"A perilous and appalling difficulty, something like the case of 'fire'
suddenly reported in the ship's powder room in mid ocean, where the
moments mean the ages, and life and death hang on the use or misuse of '
the moments (Mr. Carlyle's Letter)-

he allowed for a few weeks the dread terror of martial law
to be enforced, in order to enable a "mere handful" of
troops to encounter the terrific danger of a negro insurrec-
tion in a colony where the blacks numbered something near
half a million, and our fellow countrymen and countrywomen
together were only 13,000 And men with minds cramped
by legal notions, derived from the ordinary condition of so-
oiety in a country like this, and without strength or breadth
of intellect enough to realise such an emergency as that








irs: !t, .


.,SHI 'OAS GB MR. EnT&.


'" with whidh, ie had to deal chose to think, rsooth, that his
tamgawi-res were excessive. For this he was censured and
i. wf'ed by the Minister who had recommended hih to
adopt the very course he had pursued; and for this he was
i denounced by the judge whose advice, on a former occa-
sion, he had followed, and who, having then upheld martial
law, now went about to show that there was no such thing.
5| Well might the illustrious writer already quoted write
with indignant sarcasm:-

"Lordship, if you were to speak for six buindred years instead of six
hour, you would only prove the more to us that, unwritten if you will,
but real and fundamental, anterior to all written laws, and first Waking
written laws possible, there must have been, and ii, and will be, coeval
with human society, from its first beginning to its ultimate end, an actual
martial law, of more validity than any other law whatever. "

It is given to genius to see in a moment, as by intuition,
or by inspiration, truths which ordinary minds discover by
laborious inquiry. Little did the illustrious writer fore-
see, when he penned these eloquent lines that they did
but express a matter of legal and historic verity, which
was afterwards thus expressed by one of the most able and
learned of our judges:-

"From the earliest times, comment ing with Magna Charta, the general;
rule was that the subject was not to be judged of life and limb, except i
due course of law; but from the earliest times this also was the law,
in time of insurrection the Crown, not only during the insurrection,
.* also a short time afterwards, exercised the power of martial law to
the insurgents by summary proceedings, and thus to check the
the rebellion and to trample if out.' (Charge of Mr. Justice
~ burn.)

And the robust and vigorous mind of the learned j
W,'' recognized the necessity for this stern system of repr
above all, in a slave colony, in which negro insurr
were likely to occur, and therefore, as he showed, t l

Mr. Oarlyte's" Shooting Niagara."
'A.. *:^ ^


, ,-











onial legislaMun, i. deordance with the
of the common low, chireflly provided fbr it:-
S .'Th-. ,ew that they were a solve colony, and that inawuectio weq '
Very likely to occur." ilbbl.)
And, as it has been seen, the negroes are 'as prone to
insurrection in freedom as in slavery, and these insurrec-
tions are not any the less terrible. Therefore, said the
learned judge,-
"Therefore they passed an Act that on every appearance or oppreke.
saoe of danger, martial law should be proclaimed, for a period not exceed-
ing one month."
That is, that martial law might be kept in force for a
month, provided the danger lasted so long. It is strange
that this had altogether escaped the notice of the Com-
n. ~loners, of the Secretary of State, and of the Lord Chief
r vatice ; but it is particularly pointed out by the learned
j' 'ge, Mr. Justice Blackburn. And it is manifest that the
:t,_ very object of the Act was to allow of the exercise of
martial law for a month, provided the danger lasted so long,
although open rebellion was over. The Governor acted in
accordance with the plain meaning of the Act, which was
S assented to, be it observed, by the Crown. It is admitted
that the danger was terrible: he kept martial law in
force,- till the reinforcements were distributed, when
aoe the danger was at an end. And for that he has
*,.. ee censured and recalled. He has saved a colony,
and acted according to the plain meaning of an Act
assented to by the Crown, and for this he is condemned.
This is the plain result of the Jamaica case. If any
..doubt it, let them read the history of it, compiled from
entic sources, where are all the materials for the for-
tion of an honest judgment. Nay, it may almost he
to be judicially established; and, indeed, in effect it
been so. For when, after two years of condeatien '



: .. *' ,'. ,.














paMre was unwise, prematse, and has beei
Results. It is difficult to say whether t I
the negro population in the island or th *Ht'
4 aubJ t B .rmost from the change. It appears that thep
within three years after emancipation took effect
and within ten years that of the whole WeAt Indian
off a half. But disastrous as the results of the change have.beW
'bikf6iat, both at home and in the West ladles, they '
'0 thawse which have ensued to the negroes themselves,..
%rafpremature emancipation has proved as pernicious to a A
tbsi individuals The diminution of the agrieaulthi
f the islands to less than half proves how much their &
Generally speaking, the incipient civilisalion of the aeg
nested by his emancipation. With the cessation a fe i
tates and habits which spring from and compensate I
and savage habits and pleasures have resumed their a
the sable raca. The attempts to instruct and obille
thie most part, proved a failure ; and the emancipated
to the woods, or in cabins erected amidst the ruined plati
itg into the state in which their ancestors we'e when
from their native seats by the rapacity of Chrittian
was juade free without his having gained the faculty of
S.doe the flure of the whole ensure, and the unu
which it has been attended. In 1888 the Gove
to venture on the hazardous step of total freedom,
the ruin of the West Indies." (Alison's History of


This indeed was anticipated at the time, and fo
Sitse'bpet-informea persons, especially of Jamaica,
t'*. f-o it% peculiar and exceptional condition,. by
'. '*l paermeous blaok population on the ne hand,
4 tmomt of waste land on the other. Thmu

zta no e, lord George Bentinek and te preheat Premier,
Sq~t etting4blt agraphyof that eminent and mea
*Lbte iaboto of slaver9y.it te Eng.e ) and M
s, Ighuwefai atibf.bdedaer, same, and.


f0'1 .::.'* but wsth ."s .atb -,t
'. ,







L.: t- r .r r i


aqd pr ppw ion, Mr. Eyre was brought Inteort, in a
prosecution which comprised every possible Ohae,. i.-
eluding those on which he had been condemned sad
recalled, the whole fabric of accusation vanished at.'the
first touch of judicial investigation ; and a grand jury &t
his country declared, upon their oaths, that there was not
even a prima facie case on any one of the charges alleged
against him. He had been condemned upon three
grounds: the continuance of martial law, the excesses in the
execution of martial law, and its application in the case
otf Grdou. The prosecution comprised these, with various
o ter,4harges, and upon all of them the grand jury were
S tld bythe earned judge that any grave degree of cul-
pability, even a want of ordinary firmness, would warrant
Sthe finding of a bill. Yet, as to one of the three charges
on which the Governor had been condemned-the excesses'
committed in the execution of martial law-the learned"
judge distinctly told them that Mr. Eyre 'ras not responible
at all, because it did not appear that he had approved of :
'' or even knew of them, still less alloe-ed them, and because
it was not his duty, but that'of the military commander,
to issue instructions for the prevention of excesses; though,
even if it had been Mr. Eyre's duty, he had dischargedi
it, for he had sent an earnest suggestion to the Commande.a
in-chief, that the punishment of death should be rese
for the worst cases, for cases in which it was
deserved; and that the punishment of flogging should
be inflicted where it could possibly be avoided.' So
*:. as regards the excesses about which such coarse ab
had been heaped on Mr. Eyre, and which were
elared to cover his name with infamy," it appeared
he was no more responsible for them than the men
thus reviled him, and it was judicially declared that.
was not responsible for then. -

Letter of Mr. Eyre to General O'Connor; Minutes or Eridence..

















bQd ndood IW4 is Mid ih1 is, s.
( was infintely better, for it was s e4t04 .
that there was not even a primu Aj p" %
.s"t. bhim-that there was, in fact, noting .to W '
1. uhortunate gentleman, as matters now dtea ,qi
pnp e position as if he bhad been eonrided upotit -

4 coold have inflicted would ha1e been to
was incapacitated fomn serving the lowa.
or t I r
Spoken by an eminent statesman of A t .
acolonial governor, may here not be inapplt
i. .arl Grey said in the House of Lords, spea g .
rd 'orrington, who had exercised a greater degree '.
Sin .oporfi n to the danger, and who was not q, .
ir. 4 pr recalled, but was vindited. and

Sbas ban thew mak tw Q the nbsM of
.a degree of malignity and diregard of
Iep at this county." (fs.adtb

upon the Colonial Policy of the Sm.
..i t e. uel4pablished two yas afterwards,
earl'wroteb pe the case more deibeately :
Se comrsentbus of that eminent t atesman

bvit intsret of Lord T? f t ^
with a. agwl now* -i,


.-" kL i.._ :', : % ,. .









pt' n', OlTi TH.i E OF MR. TUR. ,'

S have wished it, if for no higher motive, at all events, for the credit of his
Government. On the other hand, he cculd have no conceivable motive
for the cruelty imputed to him, but that of a love of blood for its own
" sake, and a wanton pleasure in the infliction of suffering, which are fortu-
nately rare even in the worst men. If all the rebels who suffered death
were convicted by courts-martial composer orfffci,:ers of the regiments em-
ployed in the island, the sentence pronounced by those courts were duly
approved by the offieersin ,*omman.l at the places where the trials were held,
and Lord Torrington's responsibility is continued to that of having declined '
to exercise his power as Governor to remit the punishment of death, which
the cnurts martial had thought it right ahutdd be inflicted on a compara-
tively small number of the ringleadrrs in the r.-bllion. In some of these
eases he would not have had the power to ii.terfere, even if he had wished
it, because some of the capital executions were carried into execution be-
fore there was time to report to him on the subject, it having been justly
considered that the effect of the punishment greatly depended upon its
being prompt, and that by making it so, the public safety would be sufli-
ciently secured by inflicting it on a smaller numlier of persons than might
otherwise be necessary."' Colonial Policy, vol. ii., p. 189.)
This was in a case, it should be remembered, in which
martial law had been continued ten weeks after all rebellion
was done, and after about 200 men had been slain in the
field, that is, had suffered wholesale military execution in
the mass. After this, trials by court-martial were kept up
for ten weeks, though there was not the least danger, apdr
some scores seem to have been executed, though, as thie
Government of Lord Russell refused a commission of,
inquiry in that case, the real number could not be aseet-'
tained. The number officially admitted was eighteen, h
as has been seen, statements were read which showed
men were executed by the sore, in a'rebellion where n
life had been taken. Yet Earl Grey wrote :- .
Armed resistance to the constituted authorities of the state, on a
of the wide.spreading calamities to which it leads, and the amount
firing which it occasions, ought to be regarded as one of the most
criipes of which men can be guilty. It is, therefore, a false and
humanity which would shrink from inflicting prompt and condign
meat on the leaders in the commission of such a crime, in order to
the thousands of innocent persons who might suffer from leaving
checked, and also to avert the necessity of inflicting more nume
ishments in the end by preventing the contagion of rebellion fret






':- '. /" 7 / .t 4- '' -'^^ '













natalf vlmr ~i tee, in the er*-
tr 0 obably have
SpotaiP of. !W ,asds,
Y punched Xat4* hig ." (Ibd., O

te6N oy df all this certainly Woo 'a be to in-
goe rngotb t6 oppose that be would Ie doid* wrong
g up thartial law for a few weeks in a mos for-
danger. The concluding remarks of the noble
well worth attention :-
must add that governors of distant colonies, in times of rebellion,
in situations of so much difficulty and responsibility, that every
l mind will be disposed to put the best construction on their con-
and to believe, till the cont Lrary is clearly proved, that they have acted
S t bet of their judgment Even if this consideration and a sense of
'. I due to men on whom such arduous duties are imposed is insuf.- '
r, s regard for the safety of our colonial empire, ought to prevent the
So ''n in future of such attacks as those which have been directed
Lord Torrington and Sir Henry Ward, for having performed a '
'u'. l duty in putting down rebellion. Itis possible that the ex-
n. of being exposed to this sort of obloquy should fail to exercise
a .. iauence on the mind of a colonial governor, called upon suddenly
to4t in the trying emergency of a rebellion, threatened or begun ? Mut
It bt of necessity add to his difficulty in forming a correct judgment as to
t e he should take I and would it be unnatural that he should be in- '
,t shrink from the prompt exercise of a necessary severity, by know-
i Very success of that setverity in averting the danger, is likely
Sino thmeanMsof iaring him." (Ihid., p. 112.)
inAtl added that---
o up su certain that the interests nf the country may not 42
jB y Uf el Mswhere some of the injurious effects which the attacks
mainst Ltd Torrington were calculated to produce" (p. 192).
e whole tone and tendency of these observations
the Colonial Minister of Lord Russell's Government
t to show that a colonial governor ought not to hbee-
to inflict the severity of martial law upon those Who
MJaen part in a rebellion, in order to deter others from
PM 2


7 :t" wc"m kr









rene' 4. T t a in entire a.coapee wit *Ma
by the Attorney-General of that
present Lord Chief Justice. He said:-
"We punish offenders not only for the offences they have conm ,,
but to deter others from following their example."
Ina the Ceylon case, as there was no serious o
there were comparatively few offenders to punish; ai p '"r
there was no real danger, there was not much need fOr d
"" t.rwent measures. In the Jamaica case, on the other U,.
S:' .wa a murderous rebellion; it commenced with a pa
: n it carried on by terror and murder; thout
1 3 part in murderous outrages: and, Of
a Aote Wd' far more need for deterrent measure a
Store offenders to punish in order to deter others. Yel
fact that there were so many to punish, because there
sueach dreadful outrages committed, which only see
show the magnitude of the danger, was actually ma
k.i' reason for censuring the Governor; and he was
apd recalled, in a word, because he had a formidable
A'" "o to deal with, and he dealt with it a
h i fte of 0 goveror. who has saved-a
0',-iit iri l beer sqfer id seWe ow I
'' f k Mr. Eyre eaved Jamaica from the fate 4'
: Domingo is admitted by all whose opinion is
attention. It is in effect stated by the Royal
owners, and admitted by the Lord Chief Justicq.
yet he is in the same position as if, through his
.' .olony had suffered thstior-Mfilte i It is
', ,' he neither sanctioned nor knew of the exzowpt
S. b seen, he sent an earnest suggestion to the
ineuhief to issue instructions to prevent t
*. e same position a if had ordered or
4onaebs Oxaimmtted I Lt is for the country
:. w& 4t ah. a Mees of the case is likely to
their to the dff4..atf our colonies, or t4&
humanity.

a 'AL,
,.,o '4' ,. !, ,, : '
.,* ..j ,.v...... J




















4 P
B i ..... 0, ,- ^ + ,,
**,* > **' :*. ', i. 'i


'i o th .. as ,t soon 9, t t he

K4 iodkietou -io n nt Aw rtouea* m; tt
u a aes, e' at -a t.
M^6R >:6t .tkat ",m,,,tja.+ I ,,'., ,tojfr i, +.ti


20 diiw Ot ieft o is

d o, eo -e r, ,p















i law had beean imprtoaerypoclai the ai

m to thing of it te cif personae i the or did; o o
S exess and degree was jand.so much mor nothan vai
Sfar ey ait, that heyo wolhad saybefore hm exercisingaa
tion and crneounwy, have know that he shoulded nocti o
be Nelasd becausehe did do it IF You may consider, on the am

tiv n a b the f te crsons in the colony ; sad yiti
opl4 whether Mr. EM was justified or not in what

4f geo country, th u th at thernded issurtion,

thk the wtt wethere tp
a o h lesd, metoI t ..
Sf but i am fr the m. anying that Mgt
Ssthoughti Then martial law had been ebeud .
comes to him, Rhali "top it or not I' stII it,
eo sed to the dreadful effects of the insurrection, I shall
pgmat m rchle. He would then be responsible for that
,perhaps, be accused, and made criminally responsible,
t ad&ht be said of Mr. Byre, how -he might be as
lbr it, I think the question. whether, he = to keep
"W tuach, indeed, pum ethe Ista to v4 -
40 Armanes, alnd -sIee aveg a l


''. p ... SA the purpot a etu. te '
Itwas t .. ~ are top a"g, vep1 his
Wthelkr under the *eumslaaces *b was a want. of
id m ..de.ation to such a degree as to make it a w*inm fall
, IL As l mear tfe enlia", and -e aerosofmore'.-fl
I' S gwrpS t ri'k, when matials law is in ime, that aew
O and tyranny unless it be very carefully looked at, saS
sequence of martial law, terrible things were done; but I do not
t WU wlp Mr. lyre with tht. No doubt VW pmerm tn
Stake vwry great a to see that it is properly regulated.
4trI'q proper direastlas 11w it. I do mot think that


Sw A k,, wiho. toting taken the p lp
a vnet vmaer of taina wedosethat

wy4u thI bebroughtags4 tM a Syre a- one of iel
V- baid ommt issionegw "hed hia the question, HIow

. ^ 9 f '. aw 1 aP























,pfsued bp As miltrp. le sent adboetIes t44
"W"m t" a n march to eat or the inapgomt"&rig
PrOf AM bbASd,' eS I dV >S Oi<.& V- MYa &mU f
isM tuwail f Ar /OMn l .ai.& m ,Iitary. Re..
1ij en there wPan o a d. r if ihe had seat t e
b Mnot rpq ibhe .5thei wat of diaiplin. '.
i.ssmae"p d. ek in. puticAu mwu a ,
A'^m^wfl* OWNtd by <^r of "he Pmow
.am Where Ja.the Shttm&rideem th6a~kw kA
d, iB.re,.,. u hil. as l w 8 a t, ), .(sp ..rt '. e.) ,..
baboe, the leaed ATgs UK 01 IapLot fih
Svidence that Mr. Eyrq in aIry Oay wlhdBr ss apMde aw "e
esod it, or appr4i.d of t im any wai: aad heis tot
atal; ( "(ein p. bo. 5
I.. v f,,. o/






et.. .. -:. .p.
bpi fustlie is al'l r-1 I hoGht Se r .
-. o e ;hat. yp *pg .d a W.on that; w* ,.i 4
.No"-. ,,r wa" It one which l a ght un...
. -the terms of the Acts of the Coloal
Smyaelf with MNh1ie m eight s I
I tave come to theb
























thought no; he wultd at be guilty pa
the soae tmay be said with respect to easck-
of those who wre taken out of the county. Th a m t f .
e that Mr. Ey. canned two of them to be ogged. I "
4fe ae of one of them beiag lgged in a summary way.'
*a.TPhblipa, trb on B frightful story of what wmid be meet
yrannicalt and opprArle; itke JoeRed through the i
-I'A@ Mr., l fr mw au cMmaif or atrinofe, or Lne knew if Ha '
Wtf'esMt Bay to be tried, and to be kept in Ocatody, 1b '*
aa0 ,whtltt drcte atee Wu w Pry w r o Ms fe be ditva ,.
-*"o**A 4heNrhiW anythdig to *aW AS rrwasim fr Mat. b
poiitree s were brought into emasil anud h*ed, but
a4 ashaesy tried. They were sent for the mpurpoeee oft-it but U4 '1
dinuly tried The same principle applied to thien but I Aeed hardly q.
asqhair case is a far lighter one. If you come to the confusion bt'
\tEyre waumot guilty of criminal exsoe in causing Gordon to be actbifal,
ad heated, you will probably mcm to the conclusion that 4th "
a i al exaems in causing the other to be sea for trial. "t0
pransals kIn that would be aua'edh seawer ehe to decide."
ge.'iI sdepmrS f Mr. ByW spnS.fi:. "The whbo
p .< .forbe, pus^eg year*lse dir Mepos s of o r. M yre,3
tbl* JO a^wa told, "e at l teIfflfrmadion that rd.
II&gh be weult .t, I dai my, believe IetU '.
to h-m), what di tea believe awl think at

Ii wil .li obervea te as, she leartd Judge put 1s, he que tin of
Strnaed most masteally upsn Mr. nyre's motive, s d that
of the grand Jury efetually and dedsievely vindicated set, It
yeleady been amply vindicated in the clear and emphadc language drt
04t Justce, who eaid in his Charge that "G ordon wag gurally
and by she while population to have been tbahe instigatr
dto be an accomplice with those who wpre actively
though rigAA and emumary to make Mr. Qprdon anew
i.Mt WeuW. S hi e ud beeu ai'" (p.7). f
was only in accordance wit be otde O















tir 6 d i" (Ib., 21.) .



a great dloulty, that in the .eyes'dA.'
p& tom worthless without lo, and
free Ay emancipation, and had t .i
ghicondition*t waWnz 64
ftopy fote. As Lord Greyzhtet

",_A iir .. ,nel prineip .y .by. .)
Seat-l"they ..ea in P.h Stp'
r o WrStle. L Bince wA oust o 4
^^^ ^^ jio i that*4 n be Wha almost for anthng,
l. roilnow thereom .be cohA!4 as ert of ,..

may, they had their provision g n .adt ,.
emancipation the inupoeriaedl o
rent, not so much for ti4 t
o( getting the pegroqqt4 ,
id the work just qtot4 AUI 44
.nd had been expet.4" Atl

fq' 54 $5-.












A. or ta.ue tome we hat Mr. me' uus ,juhr,
t e thought; all that was done at the time ; ant as
p uae4p1n whether or no he was guilty of that want of
a d, ad.self-coaol, which an I have said he was boead to exz
him to do those things which he might in a proper state of thi gue' ,*
'have doxn, to such an excess beyond what was right and proper M t' ,
S ake it criminaL" -
4I id obvious that in this charge the grand jury were directed, in e
that as to the want of control over the military, and the ezcesee ,
minted by the military, Mr. Eyre was "no respmnible, and >peould notkal
c.lpaoi at ll, there being no duty of the taglsot of which he could
1lwws gailty-, and that, as to the other q aetns, the learned judge left W
&6 rAbrj Wf"ta whether there was grave eupability, and they,
their4ii elsnd thattherewas an. Thus, terefre, therewaes
declaration by a judicial pibunal that, npon O onei the ehmrgep
aga"ast Mr. Eyre was there so much as a ma j .fe ae ,af y
ipeabilty. As regarded the law of the the charge had all th
e aEthority, because the learned judge was enabled to say :-
"I have taken every possible opportunity of consulting with any of sa
brother judges, as far as I oould get their advice and assistance upea..
several of them have given me assistance here and there, upon
41.1 points, and I think I may say that mset of those to whomt I have ,paba*
S agreed in mal I hae smad."
SHe adde4 what made it plain, that the above w a epoken .
k "', .J ofbe iAfteen judges, as a bdy; "and I t e "4t
I']' of OW aM cor, tie Leed Chif Jots *'l*
Luas and my broth aer.ane with ho !'M Vb
S Wrer day:-I have had m aid mon ,fzleq~a Taletty
e(*Wtlng with th6m, and finally, yesterday, I stated thsm the 4 t
what I am now stating to you, and they all approve of a, d an
to sty (of course not relieving mefrom lhy respoa bility, or'
S bildig them, for of course they have not considered it so thorovghlt
S so judleily as I have been obliged to do), atill, they authorize e -,
they egree in my view of the law, and thought it right" '
Most fortunately for Mi. Eyre, sume miapprehension as to
j atement, led to some observations by the Lord Chief J
aapeued that, a ot a single judge -maentur w f Uia mt fm pam .
S. rlaw id does by the leare4 jedg^ not v twrd
h er a wa o's n, e ialdyy6M t l *
.. od t&ItFd ^ the '. "
4 fain what had bee id doew; lo he bot
a+ tsd the bon.ses d a ,d W n e mAo.e.judg..se A
mrps law, he would aI.be culpae, ead so th t he& L
5. t,, r sanss.6 ja t&he emdne!s a-. *no.
e" vn don e this, VO alno t be iHlefor *nWC of'




A s/ ,;~&~




















bvW mswot, poor Mr. Jiyreas a"Mi'

e, the law of war. And this, indeed, seems
of the Lord Chief Justice himself. The Jord Ohip f
eve er, as he had done in his charge, to wandp erC-6ps th
Y ,* y his own view of the facts:- ... ....
*. "A that remained was to apply the law thus ldsd W the '
of the case; on the one hand to the Itasi"Ae chara
tion, and the tetribl poseqines. that tight have eoua i
jeptiatlon, in the "ent of a ring of the negroes e
mud on tig other hand to the fact of the (imwdiate wsuppmuam. '-.
7 $.. the prolongation of martial law .for anun Mwob. .V
a f"r- fWb, Mhad been perf-cty restored (1), and the teihbla
SApicted dumrn this period, Ieavug to 4 As jury to
h whst had been done was what reason and humanity c0
,_. hu,;> ,herea.". t..o,,,. ....
..s was the Lord Chief Justice'a idea of "leaving it to the ja.f, .
A'P' t in, to tell them, as undputed fac, that there was "an i d
r5of the insurection and the prolongation of madtiql law,'i(.
$ A&BUea, for -ra winds %l.er order and trcUle '"'
rAn'd then leaving it to the jory o.aeupWAeg h" 06 m
eStSto a'uhkat had been done wasGonldatentk y t,
Br took pe t M t r Rom and huiaWty LY .I~ hy r Ar tl I A
"^ebenethe &otbra who eolda t6.t ae is" ;t
op, 0d t en.suef Jmtice getr wher fat s, epag oa
Wao as vst.a in my of the pUr-t a, ~gap 4 a
4eaqiawtlwte d" t that was in the qes*twi a".a. t
been no further disturbance at the particular place,. whe tMh .j gi c
brak took place, a most ridiculous piece of evidence, fr how ew
e been any further outbreak, seeing that the place s eo '.*
and the insvurgnts were elsewhere I This.evidonog idid,
that the insurrteion was suppressed, all that it copid rNw. %
Wafs no further outbreak of it at a particdoular place. MBat 4 .utt L1
*ee.and. were, at other places. And the question waq not -t '.
f l but Wm6lloZr. Bor a*tra paicSfte*Cs





. .. L.<. s .,f .,. ++,A












'' thae I was iuppfessed. ven if there had been, td Lord qSef
gtf: Jticld no right to state theafa, he had only a fight to refer th te
s ddeidee. So much as to the evidence. Then as to the historical ,V
S' t case notorious, undoubted, officially published, known to ItW1e *
Chief Justice. What were they ? That there was an encounter wit&
armed rebels in the field, ten days after the original outbreak. o80 that
what the Lord Chief Justice means by "the immediate suppression of the
insurrection," must have been the suppression of the first outbreak And
so when he speaks of the prolongation of martil law for "several weeks
S. after order and tranquillity were prfcly rest d," he mast have meant,
after the last appearance of th& iasurgnts in a.ns. In any other sense,
his statement was totally inconsistent with the evidence before him
w *eh showed that down to the latest day of the duration of martial law,
the whole colony was in a state of disturbance, consternation, and alarm,
*hbh was not quieted until the distribuion of the military reinforcements
on the day before martial law actually terminated, It is most important
to point out that on this, as on every other occasion, 97. Eyre was con-
demned upon a view, or version of the facts totally unlike tiS real facts of the
&iee, as disclosed in the evidence. And it need hardly be pointed out that
these remarks of the Lord Chief Justice were in an extreme and extraordinary'
munse extra-judicial, as they would hare been so, even if he had beet
charging the grand jury in the case, seeing that these were mere matters q(
fact, on which his business would be to state the evidence, express' g ,
opinion at all, a s the case was at an end he had no judicial funcit
Whatever, and to say a word, except that he had not in endenor
pen t to more tlisn he avowed. "o
So a to hi ob tons on the e a of Gordon, he aid :--
."Aa l, [dissent kfrm the direction of my other Blackbi
S reported, In teeing the grand jury that the removal of Mr. Gordon'.
S, Kingston into the proclaimed district, for the purpose of subjecting h
martial law was legally justifiable. I emphatically repudiate the notift
S sharing that opinion." '
S" But Mr. Justice Blackburn had not expressed such an opinion, nor
far as the author is aware) was he reported to have done so. Wuha
a' lned Judge had said, and what he was reported to have said, was
such removal might in a proper case be justified, which he laid dot
as a particular proposition, but as a general proposition olf leaap.
several cased, and having explained to the grand jury W
for removal would be, viz., a reasonable belief in the
parties, and of the necessity for their prompt trial, he k.1
jury to say whether in the particular cas in question,' emoval
justflBable, or at least mot culpable, and this they found an t ir"o
all the cases in favour of Mr. gyre. What right had UP Tom
twice to animadvert upon the finding as if it wasithat of th i
,' what possible right had he to express dissent from it I '. i|
-', right to say was that he did not intend to asseat to tJd


* K ..lTI7%.Yh.


.E1















o$f MW. Eyne's Case.") Thet'
flt*Sp t I BS fotu the opinion expressed by
of41. u so hbut rides,of $pon the quation ,
.z 4'! rilgt to maya word He did not veAtuiw .
a oontuer propositln of law, that in no case oeuld a.maa be
oqi dispatNict to another for the purpose of being subja t to '
W. This would be a proposition utterly untenable in law; pa
h w ts, that martial law means regular military law, according,, f
e 'ry step ip Gordon's case-removal, trial, execution-wis pea
,, Agular and legnL And the Lord Chief Justice only prd
tty impression in his charge., ly treating it as if it wre a trWal .'
s'dinry law I whereas it was, of course, under military law; ".r
which incitement to sedition, which he and the Commissioners adailted
Gordon was guilty of, is capital. The Lord Chief Justice, therefore, did "
not venture to differ from the law laid down by Mr. Justice Blaekburn,
but rode off upon the fats; and then wound up by saying (it is to be
.ped without the oanntion of the other judges), that "an act such as the
., re~ of iMr. Gordon was, in the opinion of a majority of tIb judges of J ,
,$C*wrz, altogether unjustifiable and illegal :" an opinion entirely extra. ,
jadiical, as it was an opinion upon the mrits of a particular case ; pt jw-
dally before the court; so that if the other judges concurred tWhis
expression of opinion, it was of no importance; the more so as it s well
known (and was, indeed, statld by the learned judge) that the majority of
the judges generally agreed tith him: and, moreover, as to thli matter of
law, not even the Lord Chief Justice himself would venture to differ from
hun. lr is this all. For it can be shown, out of the month of the Lord ,
pCltef Justice himself, that his opinion, even on the merits, was worth po- ,
lth as it was based upon an entirely false view of the facts. li his
S, 'hae he actually stated that Gordon was removed because-
.', ,-"It was thought that a conviction could not be goat Kingston; there
-. ,Uethey took him to the place where there was martiallaw, and where. a
llitary tribunal could be found to try and condemn him." (Charge in
SalRI's ease.) -7
Now this again was entirely irrelevant, and therefore etr-judiwj(as
the Lord Chief Justice went bn to show), seeing that th ease was that of .
the officers, who were responsible for the trial and ot for the reIVar.,i
Further, it was a statement of matter of fact, and so again atterly extra..
* judicial; and, as being prejudicial, unjustifiable. But, further, it ia ,'.,
ebsolAbely contrary to the sworn erdence before the Lord Chief Justli at the
moment he spoke these words. For the statement of Col ITelso was,
ip evidence, and it was the o&jy evidence on the point, and it ran thus,
Sjr, Eyre had given himno instructions in Gordon's cas extmpt this,





-. t."t: t &,. .. 1 1.
l, A. .. j., ,,e v ,;,, ;^^ ^ ". ^.'S












,t W qhld e tha evidence, sdraf si, SO N...
,t 4l*sP4NmOpebr, then to put him uponhis trial; and We
that it was the military offer who did this, ap*4-- t
y, and with the approval of his superior, the
S This being the evidence before the Lord Chief Justice, he chom e ',
that Gordon was removed "because it was thought a conviction could fod
he got," and that he was taken to- a place where a military Iribwst
ould be foeud to try and condemn him; that is, as is plainly impll '
without sufficien evidence And then it was upon tha he went aoft'c.

S I entertain a very strong opinion that the whole ptoceedln--t P
.. ag him and handing him over to the military tribunal-was altog~ ,t
and unjustlu able." '
4 as having bee dom e & ewpo the motis suggeatd. That w"a l1
p: a bf the Lord Chief Justine upon the merits of M part m fuAr
a'' which he would have had no right to say a word, even bhad Mr.
be': en b before him, which he was not.
i*; On neither occasion was Mr. Eyre before him; on neither ocTeol
.,. he any right to say a word about his ease. And even if he had, he ba
ihtto say a word as to the facts, or the merits, but only as to tea
nla every sense, therefore, his remarks then, and his repetition of
now, were, to use his own words, "wholly unlawful and unjustlhabAi
But the most remarkable part of the matter was that he i
nuder the impremsion that he had been laying down mo ar
w he said that he had no idea that the 'op hel hadd
I t. Nelson's cme would be o I by O baft
w" 'dMs by his larned- btherI j A' ane i,
as anything oseautriando wi& 4&* f C
t lor indeed upon any oth) the Lord eGhft
a4. ny law at 4 I To this moment, the view of the ikdtoM
acted, and which Mr. Justice Blackbarn, fith the assist id
4. of the judges, bs affirmed, has not been impugned by 0t6
Justlde, who upon this, as an every other point In the cme, ha
the matter of feot with the matter of law, and has laid den 14
"' And though he had expressed a strong opinion upon the
m.erit these were entirely extra-judicial, and were, sMo Myst
a new version of the facts utterly unike the frdeslB A,$
all thaoughk. Thuas it has been from first to lat; hsl
mam has been condemned and denounced spe n M
A p," awrongvi ew t o 'law I.
S* elBs fOluawing letter Ipe Mr. Eyre appqR" ilW 1*

'- .' .-Q m -".t i'y oe i it.piuty, wad ISt f
r w* ,tdly prevail,, I ha...e. bMt in lu te .I..
q' :I4|wrpeawumnieBan4d setepertations by whish 1 heft



r t












S A pulonuly aauleesd ta. ys4 singand toat Sib aro ms I se
tioQ. IL V whUa'ls (ho&wI i loaded) dmiasMl charge. wre
a%, letter been published in the newspaper; t5ile-.
.0 flmy conduct nd speabs in Parlimeat have been reported
the report of the Royal Commisleners' proceedings, eminently
'.to prejudge the cases, and to prejudice both the magistrates and
jury7against me. Uniniameeed, however, by ties un-nglish ,
l in, two dlffxens judicial tribunals and now a jury of my fellow-
by reMung to entertain charges brought aa4a me, have
0'= yy declared them to be unfounded. *
It is not my wish or intention to Infict upon you or upon the public,
S mennter-statenments or my own, but now that a competent judicial tri '
has pronodneed its verdict (one which I am hippy to believe will
be endorsed and re-echoed by a large majority of my fellow-countrymen of
all classes and political, I ask you to allow me, through the oolunma of
your widely circulated journal, to make better known to the public some
few passages from the report of the Royal Commissioners, and some short
extraeta from a speech of Sir Peter Grant's, the present Governoer of
S -Jamaica ; this last document being, I believe, scarcely, if at all, known to
Ste general public, though it is most important, as showing the real nature
of the circumsances with which I had to grapple in October sad Novem-
ber, 1865. The Royal] Commissionere after investigating the occurrences of
the rebellion from a legal point of view, at their leisure, and when all
danger and the pressure of so great an emergency were over, reported that,
in their opinion, 'the punishments inflicted were excessive,' and 'the
punishment of death w 'a unnecessarily frequent ;' but they, at the same
time, reported that, "in the great majority of the cases the evidence (be- ,
fore the ciunrts-martial) seems to have been unobjectionable in character,
and quite sufficient to justiFy the finding of the Court ;' that, 'with a full '
knowledge of all that has occurred, wi (the Royal Commissioners) are, never i-:
S tbetles, also of opinion that, upon the information before them, and with .
sh knowledge they possessed of the state and circumstances of the island,
the concnil of war had good reason for the advice which they gave eto pro.
ejaim martial law), and that the. Governor was well justified in acting upon
that advice :' that, 'not a few (of the negroea) contemplated the attal '
tment of their ends by the death or expulsion of the white inhabitants of
the island,;' sad, that though the original design for the overthrow f coR.
,' stituted authority was confined to a small portion of the parish 'of L
."' Thomas-in-the-East, yet that the disorder in fact spread with slaga s
rapidity over an extensive tract of country ; and that such was the stated
excitement prevailing in other part. of the island, that had more thea "
momentary success been obtained by the insurgents, their ultimate oven
'. i .throw would have been attended with a still more fearful loss of lUS a.d
S property.'
S"Sir Peter Grant, the present Governor of Jamaica, in writing to the





x ..i


t ~ife ^ 3a ^^^ ., A-.sdl,,' %. a. taa 4lri ^ UHt











*a Carnamrvon

t44 before a spJecia conmingaf a
i',pnd after Jaary,,ts4th- 186 4 "M.aic94
-ppeapto tq, hat as far asIt ~sJud"eI,
S oter islim thwa any evide *whick qulhI be etiahg
*pknin*ness 16 their, admirably onducta4 lbq: '
X*oh, vei *W, Whleh was held aqwor4i* to 0
law. dwas preai4 d over by egaI p"in
PWOqn Ar, and Mul I *Vetg the add evNIWy
Oa w~t.eremaf. ueoemawe smuch 4W.0
onviegion aasol.tohAtuth of the.ui
'!A ia this ba proves that the *a~.
wpm t "thel LhO ,oberwer edi
lftawent, ; that theri hWs4%.ee previous,"w
priing to i A movement; th*s nia
Y maisd y. havi gdou*uA marc
and capable d igmilto
separate comutf, whi_ it w.a
N, 0 asODOM of the eevag a sort ofal,
Vnand, such as, "Osder Grime," Lo a. !,
-of oranpqeson ho we murdetA4Mo
s openV ppot f bef theday.,f
w[. od.... t446 .,t pad ,7











ya 640 p
111










R and u2H'
..w t;'
.. .. ,-












I twPraom were so ditiUctA
lon,a such a power, they could not 6
di in the cajscity of freemen ; that wia'
Ansnbera, the whiles would be overwhsfil, thatwh
bue. even, there would arise interminable violence and strilk.
.. Whd in the West Indies, p. 196.)

The benevolent philanthropist to whom this was maitt
b r yaTihought it a mistaken prediction! though it ,ba
a $teat extent verified in Jamaica, on accoiiAl''
A &.dilAlty of its position. It is the only
to turopeans, in which the negroes largelyV,i-
prpponderate. In Cuba the whites over-t,.
a blacks, and were as 130,000 to 100,000. Ingo.
lony is the number of blacks so large, and also .o
dulyy in excess of the whites. And this disproportlit*I
the races has gone on increasing ever since j
o, bth from the increase of the blacks and .4
iaon of the whites. A century ago the blacks ,'j
baal as numerous, the whites more than
pretent number. The blacks have more than doubt
wbites have become greatly reduced in numhe..
.in no other country or colony are the blacks so
L. 'aerous in proportion to the number of the whites.: i$
r the last census the blacks were about 450,000, the wlOt
about 13,000. It is to be doubted whether there
&as such an- enormous disproportion in the
*w the two races. In St. Domingo, though the numn
-ueg pes might be as great, the disproportion is n
like I,- The danger arising from this disproportion
the races is greatly enhanced by their entire sep
o the one hand, and their natural antagonism oi
,. These again have been enhanced by the
ties arising upon the land question.
:pmnoipated negroes, constitutionally in
and having, not unnaturally, a
":, -e"| yt -ng *ikee regular -labour, sought -











and to aquat.upon tbeJ
-. W .Mi'h .p d, with hardly any exertion,
u g 4 thiM disposition, the inevitable tandem
,t as, on thie one hand, to drive them bae ihto o
' bpri. and, on the other hand, to excite.agnraia ilw ..i.
" reaction, was unhappily encouraged to the utmost by .the -
professed friends who, ever since emancipation, ad don.
S ll that was possible to inspire the negro with an aversion"
to labour, and' a notion that they were entitled to land.
us, two or three years aeter emancipation, a member of
hilanthropic family of Gurney made a tour through
et Indies, disseminating everywhere the monitirons
ievous notion that the "essence of slavery was
Like compulsory labour," and that the negro, in
another, was entitled to have land rent free; ? 1
a4l events, the payment of rent was not to b.
t.at labour was not to be enforced by making
qf the possession of land! He wrote,
c!i, here, for the reasons already ad-
S onas important. Hle said:-

y to be mwuh perelexed with








tobe free
:"and to work
eboleb oject of t1
UWUs to encourage 44
w them with the ide .
1 .r Ac-, ) -.codI or,








-


and it A also favourab, for conaideraton c4
=, BwhMih has reference to questioptf mere.
a n even the responsibility of the'G-e 'o,
legal or moral The charge against him was not
direct eie, for no such personal
ar-gCd, biat Mbr allowing excei
w' A i r the honour aud
to .,the extent to which
"b1ad the extent to
a be dae4ed morl
ThA learned g, in directingths
of'erniinal culpihility, that
of culpability, necessarily laid
'upon which the question of balps-e
that they must look at the casd
nmut endeavour as far as possible to
Pt o position of the Governor at W time,


nid and do under s I e
i'rl principle equally applies to- mai
to culgallpability (which indeed is but a r .
of moral culpability) and it applies to an others ai ,
as to the Governor. And it concerns the honour and"
f this country for humanity, that the degree
eQMmitted in a British colony, even on an odp slow
emergency, should not be;
S: Honour and character of 6.ry
or who has p
a boul4 nbtai.bee
l e'"laid n .b .Jstice B
'eimntbel#ud at e a whole, and
J$t 1Wnt d t1augh the meidm4

7~.K















b iteci4 t M66 ukAt to
W aMY4 that c iniwchieTvitt mA.
if Alt'olflny, and renately 1ff
his to OW'




Free, ; st to -as, aiB h
*lk~~a~y^MA thef obje<^e '
mo







ouIdVoto,
to'w^omeItliw ^^<









f PECUTIAR DIFFICULTIES IN JAIMAICA. "B 1. ,...

very No one can doubt that views like these advocatet
by so influential a person, would be circulated eagerly
through the island, especially by the native black teachers,
of whom this excellent gentleman spoke in terms of de-
served reprobation, and who, of course, could easily make
use of these pernicious doctrines to arouse feelings of en "
n mity between the negroes and the white proprietors. Thus,
,here was the ancient feud between property and labour,
,. aggravated by all the animosities of race and exasperated
by all the angry .recollections of slavery. Mr. Gurney


a were told (by a missionary) that part of his flock had been led off
~orant black teacher. There are said to be many such on the
we heard a poor account of their character and of the effect
duce ; but their influence is trifling as compared with that of
aed as education spreads this will in all probability cease"


i evolent author was unhappily mistaken.
in that according to the opinion of the
he highly eulogises), the mischief
atie Baptists; for in 1840, at the
i4te the island, the then
eessary to ex-
us influence





by-the-
t it is the most
44 a which may
e Or produce sueces-
w AAer their influence has
the people will remain.
.O time entertained, that they .
hich they have done would
V 'fl iexchlively thir own.-
Ana,














'thbAm of .the aWdoelari bore l4 q6
m a tad oee u red, am at LBa1c '16e
h milltud wflIt ere pWebted fb A*
atl( hav discharged by Wo
l, who had o'ted w'il'
*b&.m*1.uav.ci9thbwoeltolead. 41
of asl 6oMmutek


be b m5 Put ito allow it to be oa
alb tmnanl i n th. contrary, in 1854, Sir H.
14, and. Chapter (al,
etve7 Governor
got t, Wre, even


e n to the ooi
gg from the u 1ate land quest '
a perpetual tenden4 to epeite to
( jaqordingly it is not to be wondredat


to ri rote tas:- .



IrII~l~ft.W -f fO~utIS WwlWf W^M tfl|!i~^ ""4,~i








I "it' I .....
CAUSES OF REBELLION IN JAMAICA. *4

Though there is a strong spirit of loyalty to the Crown among the negrep,..
and they are easily managed, if judiciously treated, they are, at the same
time, ignorant, very credulous, and excitable, and capable when excited of
the most reckless and dangerous conduct, entertaining, too, towards the
white inhabitants of the island the feelings of hatred engendered by the,
recollections of slavery." (Ibid., i. 178.)

The causes, again, which had led to the insurrection were
of long growth and operation, and. widely spread and
deeply seated in the whole character and condition of
the negro race, insomuch that thoughtful statesmen had
seen them in operation and almost foreseen the danger I
that had now arisen.
The rebellion was averted on that occasion, but the 7,
causes still rankled, and produced their fatal result a few
yearss later. The evidence taken before the Royal Com-
nmissioners showed that for years past a gradual change for '
worse, quite corresponding with Earl Grey's prognosti-
tions, had been observed among the negroes. These
uses, which had been at work before Mr. Eyre had
ed the government of the island, would, it is mani-
on the one hand, greatly tend to produce a rebellion,
would infinitely enhance the danger arising from any
action, giving it a terrible tendency to spread with
on account of the community of feeling, and the
y of race; so that even a local insurrection with a
object, that object the liberation of the island, and
action of the whites, would be certain to bave a
to spread with rapidity. The crisis too was
e to the development of the feeling. The '
,of the black race in America, consequent upon
between the Northern and Southern States, a
in Hayti which was. then going on, the presence
from Hayti in the colony. with arms and '
all these circumstances combined to render
pi terribly perilous. The evidence before the
on the one, hand clearly donneoted the
long-standing, wide-sprea4 deely-,











,d-mir their hatd conneti ad B 'lm
'oneua conjuncture of circumstanee-.
': e excellent but mistaken man whose visit to th West
Indies has been already alluded to, had permitted hiMsMf
to be led by his prejudices against the planters to exbude
or palliate rebellion among the negroes, and be thus wrote
of that rebellion of 1831, which the great historian of
Europe described in such striking terms, and which Mr.
Montgomery Martin, the historian .of the British Colonies,
described as terrible:-

S "The parish of St. James's was the principal seat of the rebellion
(flseldyso called) shortly before emarncipation. The long-continued acts of
provocation and oppression to which tih negroes had been exposed, drove
them atlnt into a state of irritation, nut without instances, I presume, of
crime and violence, but there can be no doubt ahit the fSame was frinned
by a violent party on the other side, with a view to impale the march of
approaching freedom." (Six Monthe in the We1t Indies, p. 139.)

As if the planters had fanned the flames which
fired their own estates, All this it need hardly be said ws
trely avtrue; the fact being, that ameliorations were
i '.o' introduced with a view to emancipation, and as Mr.
Ali"o, states, the rebellion arose from the blacks being told
by their.religious teachers that their emancipation had
(,A. been granted and was delayed by the planters. But thkb.
object of the above extract is to show, in connection withlt
what .follows, how far the imprudence of the profess
friends of the negro tended to excuse and- eixei
rebellion, and bow deeply seated were the causes which
2"' to the rebellion. When a man so excellent as Mr. Gur
could permit himself to write in such terms, it can
;;4 be imagined how others would better the example, arf
',^th is conclusive proof that this sort of teaching brou
ao'' the late rebellion. And this has a close bearing
t h'"' tn senit question, for near connexions of this gen-
man were among the first and. most prominent assai
'. of Mir. Eyre; obviously from a natural dispose


4it'oPiti
: ~~~-'; kk";'' go '












.. s pp t' ".YetlSmiaif

, uanug the egroes a= o oet mse u ala. t
about the rebellion. And it "
%-. Kq-, ., l.
twa been brooded over for yearm, and i emg$tdi i
U'was proved that a boof was being ci
taght in some of the Baptist schools, holding up 4<
who had been condemned in the rebellion of I ''
lbartyrt (" Minutes of Evidende," p. 712). It wasQ
that a coloured man,, a man of great iai
the blacks, had been for some time brooding wov
of a rebellion, and constantly exciting the.
section; at the same time, speaking of it to faam"
to whom he predicted that there Wad be a. ryo,' *
in six months if the people did not have re44
., p. 122.) And when wamed by re friendoA,
Sle tendency of what he was doibg, hkeld h.e
in it. (Ibid.) He told the negro es atth '_
had done in Hayti (Ibid., p. 444); and w
was hopeless to dream of rebellion, bfcaase 4it
down, he said:- ,
'Jou are quite nmsatheun t ; al theomwr f $ ,v0; 4
t put down the risaig hi ayti, sad it was u m -i
vf dkaraMs te/re they coii ite t Mwu0 'in

.*'*i been' oingjbout ,
to disaff otiA, .tpecialy a ipait ulardi.-
ittefId ne, and had issued and
an infaitmn tory address l
they -annt be If up and '
"swl U" is-1 '':










Been there embodied, drilled, and armed .
W'pllion. The rebels, rendered bold by numbers .
.ly broken out in open rebellion, when timely preca.
tons arrested the insurrection. Two months after* '4
a casual collision with the police precipitated it, and both.
sides were taken by surprise; but. hundreds of men armed,
*^' and drilled were assembled at a short notice, who threw'
themselves upon the magistracy, the police, and volun-
teers, and committed one of those massacres which mark
the commencement of a war of extermination. Large
.:. bodies of negroes went on,-as many as 1,500 or 2,000 at a
S tme-committing, or attempting to commit, similar mur-
ders ; and the white population found safety only in flight.
S Th capital was crowded with refugees, who had passed
r days and nights in the woods to escape slaughter. Mur-
'' der and devastation were spreading their terrors through
the colony. The blacks avowed that it was a war of ex-
termination,and they went about crying, colour for colour,
death to the whites," and an address was circulated by the
o' active leaders of the massacre, rousing them to revolt.
'. War isat us, my black skins! War is at us! Leav6
) your homes! take your guns; take cutlasses! Play your
shells; roll your drums!"
While the enormous black population were thus rising
rapidly, and spreading terror through the district, there .
were, on the other hand, only 1,000 troops in the whole
colony, a large island upwards of 150 miles in len
with the few thousands of whites scattered everywh -
amidst near half a million of blacks; the country, t
S intersected by chains of mountains, by woods, by riv
and ravines, always difficult of access, and in the rai
aa, on,. which it then was, almost impassable. Such w
h' t circumstances in which the Governor of Jamaica f
h b lf placed, and it may truly be said that such an
gey had puer in known history occurred. The emer
:. he thus decribes:- ,
Ii "The rebellion began at a point on the east of the island, and ii


1. q14














w q Ael as atseeitb e i s bc stt
o" thamy t th e oeroi s thee t h wwof in .mp .4 sw ?..
very ialtaMe, an4 r a ipaL whqu unAr
t temet, whith tire up 4 paions
in irty reapeqis bonr aelbi.t
ming tidmwes rn s tri i bOefl et-,
,^ avauble ohr OW f tP T ayof^ say,
ne dlmultaawndy. it beeame i maer of ahtauolate aeosuty apl '
. si onmly pmw ay to put doen the outibrea, but by
14 ain the districts where it existed sad contiguous t4"wie
tu th e paisinmost itMed abouM be Mmmry and aw.M "
Wto wmak an etmale wAisa, by arinl iemw, m4g Iff
' from fjtllaimm the horrflh lsemmy qf St flow

Sto'say, the CGovern believed he was in p
tfeh & formidable peril that it could only be 'U-
inspiring the black population with seuh a
of the summary trial and execatiom of a
number of these implicated in the rebellion, as .
others from following their example, bowlnM*4
inaes of the blacks should do so it was all lg '
y, the force was far too eak to Pi wt
a uveral s t" me ao b lt. 4


yof tho.e
W" at th o
k other words,
^^^BB^IK^' i'^W'.'ff'*^'LO 1"^ ^'~^i









W-TV taw.. .


unwu


F




~- .~


Under these circumstances, the Commissioners reported
in favour of the declaration and exercise of martial law,
and not only so, but its maintenance during the whole period
of its continuance.

V" The Government would ham incurred a serious responsibility if, with
the information before them, they had thrown away the advantage of tM
terror which the very name of martial law is calculated to ianpire'


And the Secretary of State quite concurred in t
view; for he wrote:- .

"The suddenness of the insurrection, the uncertainty of its posi
extent, its avowed character as a contest of colour, the atrocities,
mitted at its first outbreak, the great disparity of numbers betw
white and black population, the real dangers and the vague alarm
which he was on every side surrounded, the inadequacy of the fo
h is command. to secure the superiority in every district, the ez
statements which reached him continually from distant parts of
island, the vicinity of Hayti, and the fact that a civil war was go
in that country-all these circumstances tended to impress his mind
the conviction that the worst consequences were to be apprehended
SI" The slightest appearance of indecision." (Despatch of Mr.
Cardwell, 18th June, 1866.)


Those who have censured Mr. Eyre have done


'The Royal Commissioners, after a careful investation,
reported:-

That the disturbances had their immediate origin in a plann.4 resist-
ance to lawful authority, that the principal object of the disturbers of order
was the obtaining of land free from rent, and that not a few idntempzated
the attainment of their ends by the death or expulsion of the wh ite in bitants
of the island. That though the original design for the overthrow o,' the
constituted authorities was confined to a small portion of the district,
it spread with singular rapidity over an extensive tract of country, anti
that such was the state of excitement prevailing in other part ot the
island that, had more than a temporary success been obtained' by the
insurgents, then ultimate overthrow would have been attended with a.
still more fearful loss of life and property." (Report of the Royal .Com-
missioners.)


i
















.. i1 '

.S 'J Ul'" "... ..^


d f -i da Ion. T "is ry I
wowa the question to this tofe I
w contli a in- ta .,
O.in faou Q



a, but S.,to have seen the
.. ,f **&- ,i ,i
*!.* O.^n .t^^ m'ti^