shame of those who caused their loss, and the generation of Britons who
permitted it.
HAMILTON, _30th January 1850_.
A LATE CASE OF COURT-MARTIAL.[1]
“Surely never was so slight a fault visited by so severe a punishment!”
Such is the exclamation which will fall from the lips, or pass through
the mind, we believe, of every one who shall peruse Mr Warren’s _Letter
to the Queen on a Late Court-Martial_. The reader of that letter will
also rise from its perusal with the painful conviction, that, in the
awarding of this heavy punishment, a gross violation of one of the most
ordinary and fundamental laws of jurisprudence has been committed; and
he will probably conclude with Mr Warren, that if this be a fair
specimen of the lax manner in which justice is administered in
courts-martial, some reform is necessary in their structure, or, at all
events, some higher court of appeal ought to be instituted for the
revision of their proceedings.
We have read this admirable letter of Mr Warren’s with unusual interest.
As a literary performance it well comports with, and sustains the
established reputation of its author; but it reflects a high honour upon
him of another and loftier description than that which springs from
literary excellence. It shows him in the light of a warmhearted, zealous
champion of one whom he believes, and with every appearance of reason,
to be an oppressed and injured man. He had assisted Captain Douglas at
his trial before the court-martial, on which he now comments, as his
legal adviser; he had done his duty as counsel for the defendant, so far
as such a court admits of the aid or interference of counsel; he had no
interest to promote, and no obligation to fulfil, by any further
advocacy of his cause. Captain Douglas had been condemned; the great
authorities of the Horse Guards had sanctioned and confirmed the
sentence: a cautious man, and a lover of his ease, would here have
parted company. He would have shaken his mournful client by the hand,
and, with some cold unmeaning words of condolence, have left him with
that troop of summer friends, who have, no doubt, by this time, found
him a most uncompanionable man. The world was now against him; to
volunteer his defence was to oppose constituted authorities; it was to
side with weakness against power—with defeat against triumph. It was to
stand side by side with one in adversity—stricken, and condemned. But
caution and love of ease are evidently motives that have very little
influence on the mind of Mr Warren. As the counsel of Captain Douglas,
he had grown warm in his defence; he could not suddenly cool when he saw
him prostrate, defeated, and dishonoured. He was convinced of the
innocence of his client; he felt persuaded that it was in his power to
show to all mankind that that client had been cruelly dealt with—treated
with a degree of harshness amounting to injustice. His position of
Public-domain text, read in full here on John Shaqi.
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