Asiatic Quarterly Review (Full Title: The Imperial and Asiatic Quarterly Review, and Oriental and Colonial Record): Volume XIII, No. 26 [‎461r] (46/238)

Lord Canning and Lord Milner. 259
common law has always made between places in the hands
of the rebels or enemies and those where the ordinary
courts continue to perform their functions in peace. Under
Lord Canning the appalling constitutional result of the
Marais case in Cape Colony could never have occurred.
He replied to C. Williams and other petitioners as follows :
“ As respects Calcutta, where English law prevails, the
direct effect of proclaiming martial law would be to suspend
the functions of the ordinary Courts of Judicature. This
is a proposal which the Governor - General in Council
cannot entertain. To substitute the jurisdiction of courts
martial for that of the Supreme Court would infallibly be
accompanied by much private inconvenience, uncertainty,
and hardship in a community such as that of Calcutta ; and
his Lordship is not aware of any commensurate public gain
which, in the present state of affairs, would be derived from
the change. The military authorities are already empowered
to try by court-martial, and by a process more summary
than that ordinarily recognised, all military offenders and all
persons exciting soldiers to mutiny.” This cool answer is
compared by the late Duke of Argyll to a single voice of
command and self-control, in the midst of a raging crowd,
swayed by anger and fear. It did something to allay the
panic, which, however, extended to England, where Canning
became the subject of much abuse in the newspapers and
censures in Parliament.
As disloyalty has spread over Cape Colony pari passu
with the infliction of martial law over peaceable districts, it
is very interesting to compare the vigorous measures of
repression employed by Canning and his lieutenants in
countries in open rebellion and the prompt but judicious
and humane procedure they enforced in districts where the
ordinary law prevailed, or had been re-established. This
latter procedure contrasts at all points with the despotism
at the Cape, where the Parliament is abolished ; and the
courts, although sitting, are practically subservient to the
orders of the general and his colonels and captains.
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