We do not intend that our account of this case should be a substitute
for the perusal of Mr Warren’s pamphlet; we desire rather to prompt to
such a perusal. It is far, therefore, from our design to enter upon all
the topics it discusses. But the case is one to which, on public
grounds, we would cheerfully assist in calling public attention. In
doing so we shall endeavour, in the first place, to state, with perfect
impartiality, the real and sole offence, or fault, or error, of which it
seems to us Captain Douglas can be justly accused; and, in the second
place, to show with what _illegal severity_ this offence has been
visited. On the first of these topics, we shall, perhaps, be in some
slight degree at variance with our author; on the second, we shall fully
accord with him in his main and leading argument: for we think there
cannot be a doubt that the judgment of this court-martial is
vitiated—not by any merely technical error, but by an error affecting
the very justice of the sentence—by no less an error than the finding a
man guilty of an offence of a certain degree of guilt, and condemning
him to a punishment expressly and solely awarded to an offence of a far
greater degree of criminality—finding him, in short, guilty of the crime
A, and inflicting the penalty decreed only to the crime B.
The life of military men in time of peace presents, as we catch a
glimpse of it here, no very attractive picture. Captain Douglas in
barracks at Longy, in the island of Alderney, with one subaltern, Ensign
Parker, is commanding his detachment. Lieutenant-Colonel Le Mesurier is
commanding at Alderney, under the title of Town Major. Between these
rival potentates disputes arise as to their respective jurisdictions.
Instead of companionship, assistance, co-operation, there is only mutual
repulsion, mutual hostility.
In this cheerless position of affairs, Captain Douglas “went one
day—on Friday the 5th January—about twelve o’clock, for a little
amusement, to practise pistol-firing, at a spot near the Frying-Pan
Battery, as it is called, which was at a distance of two or three
hundred yards from the barracks where he resided. This happened to be
the first and only time of his using firearms during his stay in the
island. No one but himself, indeed, knew even the fact of his
possessing firearms. He ordered his servant Riley to procure some
potatoes, and to follow him with them, and the pistol-case, (which,
however, Riley did not know to be such, nor for what purpose the
potatoes were required,) to the Frying-Pan Battery.”
Public-domain text, read in full here on John Shaqi.
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