THIS EYRE PROSECUTIONS.

West Coast Times, Issue 917, 31 August 1868, Page 3

THIS EYRE PROSECUTIONS.

(rUOM THE LYTXELTON TEIEg, & CCt. i>G.)

I It has often been remarked, and with 1 truth, that to fully appreciate " Punch" it is necessary to read " The Times." _ Not that the jokes of the former require an interpreter, but that his cartoons arc the reflex of the vast, bustling, political, and social life which is enacted in Britain, and duly recorded in the columns of our great London contemporary. In the numbers of " Punch" received by last mail there arc two of Tenniel's spirited cartoons, which will be more fully understood and better appreciated when we know the circumstances by which" they have been evoked. That in which the shade of Lord Palmerstou appears to Mr Disraeli, and in which there is an undeniable portrait of Ex-Governor Eyre — a fine, intellectual face it is too — may be explained in a few words. The English Premier has announced that, while the Government will pay all tlic expenses hitherto incurred by Mr Eyre in defending himself against the persistent trials he has been subjected to by the Aborigines Protection Society and others, they arc not prepared to bear him harmless in any future action which his persecutors may bring against him. Lord Palmerston, as all know who have paid the slightest attention to his public career, was always ready to interpose the shield of the Government between public servants and popular clamour. In this respect he was generously chivalrous, almost to a fault, and the conviction that he was so has often sustained those who were called upon to perform duties which they knew wore certain to bring upon them the wrath of at least a section of their fellow-countrymen. No man, in recent times, has more deserved, or more needed,- the moral and material support of the English Government against the attacks of well-meaning fanatics than ExGovernor Eyre ; and Mr Disraeli will no doubt bo blamed for his apparent desertion of a man whose only crime, if crime there was in his government of Jamaica during a perilous crisis, has been condoned by the great majority of Englishmen, while many, whose judgment is valuable, have indignantly denied that there was any crinie at all. The other cartoon of which we spoke also refers to the case of Mr Eyre, and to the quarrels of the English judges in connection therewith. There are several reasons why Ihe people of New Zealand should feel a deep interest in this case, and we therefore make no apology for dealing with a subject which may appear to some beyond the province of a colonial journal. The Eyre prosecutions have been mentioned in our summaries of English news, at intervals, for a period extending over two years, and our readers know, generally, that these prosecutions — persecutions they have been called by many — had reference to certain acts alleged to have been done by Mr Eyre in his capacity of Governor of Jamaica They were instituted, as may well be supposed, mainly at the instigation of Exeter Hall

[Continued frontpage B.]

pKilantlifopisfs and_", members of the Aborigines .Protection Society. But the successive trials 6f Mr Eyre hare been defended, have . Jbeen even aided and abetted, by, men of a higher calibre. Of these', the most prominent is undoubtedly Mr John S,tuart MilL Jlad. it not been for the connection .of such men with the Eyre prosecutions, we should, perhaps, have contented ourselves with merely recording the fact of his most, recent acquittal. We say most recent, because there have been so many trials that we cannot, pretend to tell by what numerical expression jthe'i last is to be recorded. From being concerned, in the successive trials of MrJE;j^e,MrJohnSkart Mill has incurred the of many of his constitueni^Ttnttitris said that Mr Eyre will be invited by. these to contest the seat held by Mr Mill at the general election about to take place. It ! is due to Mr Mill that his reasons for taking part in the Eyre trials should be, put on record. In a letter toone' of His; constituents he -states that never, in the^whole course of hig life, has he feltrhimself called upon to take practical action on any matter on which he felt more, clear as to : the course indicated by the principles he holds and has always endeavored to promulgate. He repudiates any personal ill-feeling towards Mr Eyre, and adds :— " But I cannot say that it is possible to me, as a man, to regard Mr Eyre's conduct in Jamaica without the deepest indignation, or; as an Englishman, without a sentiment of humiliation. Nor can I pretend that I can regard without profound disapprobation the man who, knowing himself to be guilty in the .eyes of ! m'ariy "disinterested persons, of the wanton. torture mid death of many hundred men-, and women, can be content to shelter himself under any shield whatever against a judicial examination, and 'does' not eagerly challenge and earnestly '"invifie the 'closest possible scrutiny into whatever justification he thinks that he- can urge. To me it appears that ihe conduct of Mr Eyre since his return to England shows a callousness to 1 human suffering and a contempt for his feHow~mien"which alone" go lar to show his utter'.unfitness for any station of authority over them." Setting aside all human sympathies, if such be possible, Mr Mill says the -importance of such a judicial inquiry 'into' the proceedings in Jamaica, would still be- paramount in the eyes of all thinking persons who look upon law and' justice as the foundation of order arid" civilization. In conclusion, Mr Mill- says", he can understand that any,- one .might doubt what might be Ms opinionof - Mr. Eyre's conduct ; he can.understand that those who have not examined if.' carefully,' as he has done, might expect him to approve it ; but "he cannot understand" that any one, should expect him not to desire an examination of it, conducted in the fairest and most open manner 4hat-could- be obtained, -That the real or .supposed crimes of men in authority Bhould c be subject to judicial examination is, he sayi.liHermost important guarantee of.iEngbsh liberty, -antL he is not aware thafany reason ha& ever Vet been brought foward w^y^M^Byre^should be the sole and solitary. exceptiolTto this liability. the great political eßoß©mist, the author of "Liberty," has to-say-in defence of his own share in the Eyre prosecutions, we may now proceed t6lnqulre"what English judges think of the prosecutions fhemselves. On June 2,;Jnl#ie C6W.of LQueenV Bench, before Mr Justice Blackburn and the grand jury of Westminster, the case of MrEyre was called on for trial. The indictment, whicE charged 'Mr Eyre with high crimes and misdemeanours"'in acts of alleged abjJSe:' and x oppression under colour of ov_er=execution~ of-his-office as Governor of ..J^amaka, contained no -fewer .than, tureirjftr'^separate'- counts. Mr Justice Blackburn, in. the opening sentences- of his cKargefb-fhe'grand' jury, gave a brief analysis of the indictment, which conveniently states "the case against Mr Eyre : — "It will: n6 idonbt be^ proved before you, and will not be disputed, that in the y^rJlß65 s Mr\Eyre was "Governor of JanfcuGa, and that in' October of that year, on-the-4H?eaking-ottt -of-an-insurrection, Mr,nEyre,,--a8; Governor,- and in order toptit * it" Sown^ tbdk" steps into the legality of which" we are now to Enquire} .C It.is not disputed that he did, wtfhcAhe assent of his council., proclaim martial; law, . and pub it in force ; in this senses J-Tnean- that he not only caused troops to act in the proclaimed district. to put__down_ i insurj,ec.ti.on, and . to suppress armed resistance," but he also* caused marti^ifiJjiJv tiSLbe .executed. 'in the sense of pummary^j»oce£ding&:. superseding the common law ; and that a numler of persQns.#Na t £trie& By. this summary. process, anjtsißttWftctedi to: .Sesere' punishments ; W fwrtherihat.he.causedthis to be done t«jf- M the.|)erM)d^f.thMjr days. ThequestiQniis^vrhfether^ jp.domg these things, he di&3ttiything.jEbr.wMch he ought to be crjmnslly__reaponßihleJ!." . The .learned judge then proceeded to stato the law at g^Bft.leajftfl/a^ wjth 'remarkable clear-ness-and-precision;," Into this statement' it is not necessary -^that we should follow hmU farther than, to ascertain his directions.. to. : the .jury. Regarding the first th£e"s;'.£onrits_of l'iKe indictment, for TOtecfiiminj^' martial , law. Mr Justice Bifl^cltb'urn ( pjajd , ihey ' proceeded upon thj>"..'_'supppsiti6n r that ' , there was no power' to" "declare martial law, and that it was as illegal as if it was in London or Bristol. It was; however, otherwise, as was. clearly shown *by virtue of the coloni«l:statutes." The Governor might have be^B'curpable if he had declared martial law 1 wheir^then' there was no occasion for itf TjmViiJiis : c'ouTd not be said under the circumstances. "v" v ' • Looking, at the insurrection, the massacre, and "the efforts' of the insurgent negros'tb rpuse the' country for the purpoflfe of insurrection, the judge pronounced wfth'eiiphasis that he had no hesitation in* Saying that' not' only there was no culpability in" declaring martial law, but that probably the Governor would have befedpnflfsbable if he had not declared it. AsHto the" more serious matter— of keeping tfce'* martial' law in force for thirty days — the judge- told the jury they must put . themselves { l-in, :the* : position of Mr Ejnl, and itien say whether they thought htffeouid" "B^diftidered cnminally ' responsißfe'PTffiey must bear fir mini that the statatei: sp/oke of ""apprehended insurrejp'6n,'''aad'of " ganger;" and that Mr Ey&'bfeTieVed: 'there was an organised eoa&fjixs&yi ~T3.6 'admitted that t the evidence&itf abtfeacf' iiini'tp this .conclusion, bn± added; ibatr Mt,Eyfe might have hoß^y^iefedit. i ' v The question" would pr^ezttf-.^el'f tp%B mind thus — <" Shall I sWllf^^tf-^'s^.itrand the colony is co|fte%uently"exposed^to all the frightful horrorsftrf: insurrection, I shall : have done a great-mischief;" ■• The criminality of Mr Eyre, .u^de.r..^hes.e.. circumstances,, must deggfia i^on^tho* .exteni; '^fQ ■yvhich they beftOTcd a iffaii 0* calmness' 'and firmriess ofmind might haye J "so 'thought, ' He repeated, the jury mus£''put themselves in ail position, ana make all allowance for a

person in that position. There were also the counts as to the case of Gordon. If they believed Mr Eyre honestly thought that he was really guilty, and that there was such a danger from an organised conspiracy that it was necessary that he should be punished promptly in order to suppress the insurrection, then they ought not to find a true bill on these charges. Then as the charges with reference to the flogging of Phillips. He had looked through the evidence in vain to .find' any proof that Mr Eyre authorised it. He sent him to be tried, no doubt, but there was no evidence that he sanctioned what was done. So as to the act of the .Provost-Marshal in hanging a man named Marshall. The grand jury, after deliberating for nearly' four hours, returned "no true bill," and so, as every one no doubt thought, ended this important case. But there was to be another act in the drama.

On June 8, as we learn from the report in the " Times," the bar and the public were somewhat startled by a recurrence in the Court of Queen's Bench to the case of Mr Eyre. On the bench were the Lord Chief Justice of England, Mr Justice Blackburn, and Mr Justice Lush. Upon taking his seat, the Lord Chief Justice proceeded to read from a paper, and to state that it had gone forth to the world that the law laid down in the charge delivered by Mr Justice Blackburn in the case of " Begina v. Eyre," had received the assent and approval of the other Judges of the Court! There was, he continued, a serious misapprehension in regarding the charge from this point of view. The Lord Chief Justice proceeded to state that certain general principles only had been agreed to by the other judges, and went on to show, in detail, how far, and in what respects, he dissented from Mr Justice Blackburn. It is only necessary for us to say that he avowed his adherence to what may be called the practical direction fiven to the jury by his brother judge, tr Justice Blackburn, in replying to the remarks of the Lord Chief Justice, regretted that he had not been more careful in stating his own individual responsibility for the direction given to the jury. Mr Justice Lush was understood to intimate concurrence in the views of the Lord Chief Justice. Mr Justice Mellor was absent. Mr Justice Hansen and Sir W. Bovill are believed, on good grounds, jfco- concur with Mr Justice BTackbnrn. "It is impossible, concludes the " Times " report, " To describe the impression made by what occurred. It may be safely said that it caused greater excitement in West-minster-hall than anything that has occurred there during living memory." It is to this scene, and to a subsequent correspondent between the learned Judges lhat the cartoon in " Punch " refers. So far as Mr Eyre is concerned, the quarrel, if we may be permitted to use the word in speaking of the difference between judges in the interpretation of the law, will probably have the effect of urging his enemies to renewed persecution. On this ground mainly, so far as the public are really concerned, it is deeply to be regretted.

; We have seen on what grounds one of the leading accusers of Mr Eyre justifies his persistent demands for inquiry; we have seen also in what light Mr Eyre's conduct is viewed by high judicial authority, and what construction an intelligent and enlightened grand jury put upon the indictment submitted to them ; it remains that we should inquire whether the accused has anything to urge in his own defence. In a letter to the "Times," written a few days after the legal occurrences mentioned above, Mr Eyre requests permission to make known to the public a few passages from the report of the Boyal Comnri- sioners sent out to Jamaica to inquire iuto the charges against him, and seme extracts from a despatch of the present Governor of that dependency. Confident, he says, in his own integrity..' and believing that truth would ultimately prevail, he has submitted in silence to the- calumnies by which he has been assailed during two years of unceasing and most rancorous persecution. He points out, also, that while serious, however unfounded, criminal charges were pending against him, letters were published in the newspapers misrepresenting his conduct, and speeches in Parliament reported, misquoting the report of the Royal Commission ; that these proceedings were eminently calculated to prejudge the cases and to pivjudice both the magistrates and the grand jury against him ; that, uninfluenced by such uri-English conduct, two different judicial tribunals, and a jury of his fellowcountrymen, have practically declared the charges unfounded. ' The' extracts given by Mr Eyre from tho report of the Royal Commissioners state tnat in tho great majority of cases, the evidence before the court martial seems to have "been unobjectionable in character and quite sufficient to justify the finding of the court; that with the full knowledge of all that has occurred, ijhey are of opinion that upon the information -"before them, and with the knowledge they possessed of the state and circumstances of the island, the ■ Council of war had good reason for the advice which they paye — to proclaim martial law — and that the Governor was well justified in acting upon that advice; that not a few of the negroes contemplated the attainment of their ends by tho death or expulsion of the white inhabitants of the island ; that though the original design for the overthrow of constituted authority was confined to a small portion of one parish, yet that the disorder in, fact spread with singular rapidity over an extensive tract of country ; and that such was the state of excitement prevailing in other parts of the island that had more than a momentary success been obtained by the insurgents, their ultimate overthrow would nave been' attended with a still more fearful loss of life and property. The present Governor of Jamaica, with every opportunity of forming a correct judgment, • agrees in the substantial features of the report. To these, Mr Eyre adds that the Government of the island had reason to fear from numerous communications officially made to it by the custodes or others, up to dates comprehending the full period of martial law, that seditious feelings were rife, and that the negro population might at any moment break out in open rebellion in many other districts of the island. And he reminds the public that during a state of warfaro, which open rebellion creates, and which cannot be regarded as terminated until all liability to further outbreak or insurrection be over, many things must always occur -which- are ~to ~ be ' deplored— "by none more so than by the civil and military authorities in command at the time — but which it is as impossible to foreseo as to prevent. Such is tho brief defence published by Mr Eyre. The majority of his fellow-country-men at homo have long ago pronounced an acquittal, and the day will surely come when he sliall receive the reward whjch a devoted public servant has a right

to expect. If cruelties were committed under his name, and by virtue of his authority, it has not been shown that he was cognizant of them, or that he acted contrary to law. And it will never be forgotten that he saved his countrymen from wholesale butchery, Irs countrywomen from foul dishonor.