HC Deb 16 May 1862 vol 166 c1794
MR. O'BRIEN

said, he would beg to ask the Secretary of State for War, Whether the Government intend to propose any change in the Law with regard to the constitution of Courts Martial?

SIR GEORGE LEWIS

Sir, I apprehend that the question of the Member for the King's County is founded mainly upon the proceedings of a late Court Martial in Dublin. Now, I think it is rather precipitate to condemn the constitution or the procedure of these Courts upon a single case. If they were to decide in that manner with respect to the value of trial by jury—admitting that every now and then juries arrived at improper decisions, which it was the duty of the Secretary of State to rectify—surely they would be committing a great mistake. I think, therefore, that even supposing that an error has been committed in this instance, which may be denied, there would still be no conclusive reasons for a change in the law. But I do not precisely know at present the exact evil which it is proposed to remedy, or the exact remedy which it is proposed to apply. If any definite proposal is brought under my notice, I shall be quite ready to give it my best consideration, but I have not at present any intention of proposing a change in the law.

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