We repeat, this is no technical argument—it is gross, palpable
injustice—as palpable injustice as if a man were tried for manslaughter,
convicted of manslaughter, and hanged for murder!
If we ask why the Court awarded so severe a sentence as cashiering on so
trifling an offence, we shall be told that the Court had no power to
pass any less sentence than that which is decreed by the article of war.
We admit the reason. But surely if the Court was bound to inflict the
severe sentence decreed by the article of war, it was bound to convict
of the crime specified by that article. The court-martial which tried
Captain Douglas was scrupulous in passing the right sentence, was _not_
scrupulous in determining whether the crime had been committed for which
alone that sentence is by law awarded.
Mr Warren concludes his “Letter” by some suggestions for the reform of
our military law. These appear to us to be worthy of consideration. But
legal reforms are grave and intricate matters; we would not give a hasty
opinion on them; we would recommend them to the consideration of our
jurists, and the whole pamphlet to the perusal of our readers. They will
also probably find it far more entertaining than, from our meagre
abstract of the case of Captain Douglas, they will expect. There is one
subject which occupies a considerable space, and which, to the
generality of readers, will form the most attractive portion of the
“Letter,” to which we have made no allusion. We refer to a narrative of
facts, which show the hostile attitude in which Colonel Le Mesurier and
Captain Douglas stood towards each other. It is a little history we
could not possibly abridge, and which did not appear to us as absolutely
necessary to an intelligible view of the case. This narrative will be
read with interest, affording as it does a glimpse into real life, and
showing us what very animated contests and controversies a few officers
may contrive to while away their time with, even in the dull quiet
island of Alderney. It is well told, with graphic but _subdued_ power.
Conscious that the author of one of our best and most popular novels
would be watched on such an occasion, and readily suspected of employing
his art as a consummate narrator, Mr Warren has abstained from producing
any startling effects; he has, at least, used no other than that highest
art which conceals art. We have left the whole of this portion of the
pamphlet fresh and untouched, for the perusal of the reader.
Public-domain text, read in full here on John Shaqi.
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