“That gentleman I believe to be, at this moment, one of the most
deeply-injured men in your Majesty’s dominions. He has been convicted
of misconduct of which he is utterly incapable; and I consider that
conviction to be altogether contrary to law and justice, and to have
proceeded upon an unconscious violation of cardinal and characteristic
rules of British jurisprudence, essential to the safety as well as to
the liberties of your Majesty’s subjects. And what has thus happened
to Captain Douglas may happen to any other gentleman who is now, or
may be hereafter, honoured by bearing the commission of your Majesty.
I think myself able to bring forward facts which are incontrovertible,
and reasonings which appear, if I may be permitted to say it,
conclusive—and that not to myself alone, but to others whose judgment,
were it publicly pronounced, would be deemed entitled to the utmost
deference—to establish the innocence of one, upon whose brow,
nevertheless, stands at this moment, and has stood for eight miserable
months, the brand of ‘infamous and scandalous conduct.’”
He then proceeds to say that her Majesty alone has the power to redress
the wrong of which he comes forward to complain.
“In the present case, the blighting sentence passed upon Captain
Douglas cannot be reviewed in any court of law. It was solemnly
decided, in your Majesty’s Court of Queen’s Bench, on a late occasion,
that it had no power to issue a prohibition to restrain the execution
of the sentence of a court-martial, after that sentence had been
ratified by the king, and carried into execution. And yet, in the
existing state of the law, the unfortunate accused has no means of
knowing the sentence which has crushed him, until it has been so
ratified, carried into execution, and thus declared _therefore_
irrevocable! And that sentence, too, pronounced by a _court of law_,
bound to proceed according to the law of the land—which law it may
have violated in every particular!”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account