MARTIAL LAW.
TO TILE EDITOR OF TIIE SPECTATOR.
Lomioll, Nth April IS3S.
Sta—Permit me to ask, by what authority martial law continues in force in Lower Canada? Can it be proclaimed in this country, or in any of its dependencies, without the sanction of Parliament ? For the gratification of emigrants, it ought to be known that it was in force in Canada at the date of the last letters received from that country. It was first proclaimed by Lord GOSFORD upon his own responsibility, and it has been again proclaimed by Sir Josue COLBORNE upon the order of the Colonial Office. There has been no disturbance in Lower Canada for some mouths; there has been no fear entertained by the Government for some months that any new outbreak or opposition to the Government would happen—if their own declarations are to be believed ; but martial law is still in force.
My desire is to ascertain—supposing martial law is not illegal, and requires no act of Parliament to sanction it,—which are the circum- stances which authorize its continuance, if its proclamation is, in the first instance, necessary. May any Governor of a colony put it in force when he pleases, and continue it as long as he thinks fit ? would there be a doubt upon the subject if the Whigs were in Opposi- tion? would a month have elapsed, if the Tories had been in power, befere it had been distinctly ascertained what circumstances justi. fied the suspension of any of the powers of the courts of justice of any colony ? But at the tail of the Whigs, not even a Radical has the courage to say a word upon the subject. A cloud has come over the House of Commons, darker and more prejudicial to public interests than any that has covered it since the day when a soldier removed the mace from its table.
But is martial law legal? It is not legal in this country; and in this matter the law of this country and of Lower Canada do not differ. In Upper Canada the Law Officers never considered Sir FRANCIS HEAD authorized to proclaim it. A special act of the Provincial Parliament of that Province has been passed to sanction it. The Law Officers of the Upper and the Lower Province evidently differ upon this most im- portant subject. In Upper Canada a proper and constitutional course of proceeding has been adopted. Why is it that with respect to Lower Canada a similar course has not been pursued ? why do not the Whigs ask for an indemnity for Lord GOSFORD, Sir JOHN COL- BORNE, and for themselves? Do they wish that the supposed necessity of the case shall establish a precedent ? do they wish to extend the prerogative of the Crown further than any Tory would have dared to Save done? do they wish to place the life of evely colonist, who may oppose the Colonial Office, at the mercy of their paid age nts, called Governors? to make it depend upon the forbearance, gentleness, arid humanity of a Sir GEORGE Amami? The precedent is a most dan- gerous one, and it has been unanimously established.
There may he occasions to justify the proclaiming and tl e execution of martial law; • but who is there who would not have the 'reclaiming of it connected with the most painful sense of respoirsiin'ity ? The knowledge that he must have an act of Parliament to indemnify him, would always prevent the law from being impropelly resorted to by the Governor of a colony. But assure our Colon al Govern- ors that they may proclaim it whenever they think tit, and they
will find no difficulty in creating an excuse to resoit to it order to dispose of any person of influence in a colony who may le pose their administration. The only security against improperly rest ttng to, or of abusing it, is its illegality. Admit that it is riot illegal, rid the most eminent popular men in every colony have a halter round !heir necks. A broil in the streets, a drunken dispute with soldiers, e r a bayonet case, will, in a period of excitement, he a ready excuse for their execution.
But assuming that martial law may be proclaimed by a 6, vernor of a colony whenever he thinks fit, surely there must lie suture Jule to limit Its duration ? it cannot be continued after the necessity foi it is at an end? flow is this necessity to he ascertained, or when sh:. 1 it be said to cease? When the Civil Cout is can sit, when their Keno sses can be executed, when suitors can have free access to them from one part of the country to the other, what palliation is there for the conduct of those who insist upon continuing it in operation ? The nly excuse or it at any time is that the functions of the ordinary col. ts are sus- pended by the distiAance or excitement that prevails, air, the nume- rous acts of violence that are committed. But in Lowe i Canada the Civil Counts are sitting ; the whole country is in a state of ace; order has long since been restored; there is no fear or expectati!,. of any re- sistance hen Pig offered to the Government ; arid notliirg crrupts the
ordinary course of justice, cNcept that rut tial latS,Mhi s ills gaily
andiii,, cessarily continue d in operation. . Surely, Sir, the above illu•trates in no sin.111 dezree the outages of
lthile Radicals being a joint of the Whigs. r. O.CoNNI:I.: cannot say t. at they do not sacrifice pi inciple to keep the Whigs in pi cc, though bey have not sacrificed principle to get into place them elves : and they do tlds because there are six rotten J alges on the 111,1 Bench !
Dave. HEAD.
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