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PUBLIC RECORD OFFICE. LONDON
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Council to send the fifty Punjabi recruits, and (2) seeking to induce the Common- wealth of Australia to relieve Ceylon at this juncture of the German and Austrian prisoners of war. On receipt of your telegram, I telegraphed to His Excellency Sir Ronald Munro Ferguson on the subject, pointing out that such prisoners included those of the 44
" Emden's crew who were landed here by H.M.A.S. "Sydney." As to the removal of the prisoners of war, I was glad to receive this morning your telegram of yesterday's date,* concerning which I will communicate with you by telegraph From the Officer Commanding the Troops I learn that the fifty recruits are being sent from India, and will arrive here within a week.
7. A scheme is in progress for the formation of town guards in suitable towns throughout the Island. That formed in Colombo has proved of the greatest value in the emergency of the beginning of the present month.
6. I cannot conclude my despatch without testifying to the full measure of loyal support and co-operation which, throughout these disturbances, has been always forthcoming from the Officer Commanding the Troops (Brigadier-General Huntly Malcolm, C.B., D.S.O.), to whose calm judgment and unperturbed courage in succes- sive-emergencies I owe much. It would gratify me if you saw fit to communicate this expression of my appreciation-shared as it is by all who know-to the Army Council for their information.
I have, &c.,
ROBERT CHALMERS,
Governor, &c.
Enclosure 1 in No. 15.
[Extract from the Ceylon Government Gazette, No. 6,722, of 18th June, 1915.]
In the name of His Majesty George the Fifth, of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the Seas King, Defender of the Faith.
PROCLAMATION.
By His Excellency Sir Robert Chalmers, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief
in and over the Island of Ceylon, with the Dependencies thereof.
ROBERT CHALMERS.
Know ye that we, the said Governor, do hereby proclaim that the Province of Uva and the North-Central Province of the Island of Ceylon are subject to martial law from the date hereof:
And we do hereby declare that the maintenance of order and the defence of life and property in the said Provinces are committed to the Officer Commanding the Troops in Ceylon, Brigadier-General H. H. L. Malcolm, C.B., D.S.O., and that he is hereby authorized to take all steps of whatever nature that he may deem necessary for the purposes aforesaid.
Given at Colombo, in the said Island of Ceylon, this seventeenth day of June, in the year of our Lord one thousand nine hundred and fifteen.
By His Excellency's command,
32417
God save the King.
No. 16.
R. E. STUBBS,
Colonial Secretary.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 12.81 p.m., 14th July, 1916.)
(Paraphrase.)
TELEGRAM.
[Answered by No. 17.]
14TH JULY.-Acoused in case of treason has applied to the Supreme Court for a writ of prohibition on the ground that, as he is not on active service, Military Court has no jurisdiction to try him. Shall be obliged if you will briefly telegraph reasons for opinion transmitted by your telegram, 12th June, in cipher.t
*28876, not printed.
+ No. 2.
23
"
It is suggested that the expression "attached to forces" in Section 189 of the Army Act has a narrower application than the expression "accompanying forces in Section 176, and should be read with reference to expressions in similar context in Section 176, sub-sections 6 (c), 6 (b), 7 (b), 8 (b), and definition "attach" given in Manual of Military Law, page 461, 1914 edition, Section 184, shows that persons who are attached forces may include persons who do not belong to His Majesty's forces, but does not necessarily imply that all persons who are subject to military law are attached to forces. I should be glad of assistance on this point.
Case fixed for to-morrow, 15th July, at 10 a.m.-CHALMERS.
32417
No. 17.
THE SECRETARY OF STATE to THE GOVERNOR. (Sent 5.30 p.m., 14th July, 1915.)
TELEGRAM.
[Answered by No. 18.]
14TH JULY, 1915.-Your telegram of 14th July,* treason trial.
Question
receiving consideration in consultation with War Office. Obtain adjournment for week, if possible. -BONAR LAW.
32636
No. 18.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 2.5 p.m., 15th July, 1915.)
(Paraphrase.)
TELEGRAM.
[Answered by No. 19.]
15TH JULY.-With reference to my cipher telegram and your reply of 14th July, application for writ of prohibition has been dismissed by Supreme Court on the preliminary objection, taken by the Attorney-General, that no such writ lies against court martial under local law. Trial is therefore proceeding and courts martial are being held as usual. I presume that there is no objection to this course. With a view to preventing any further question, and in order to avoid dangerous wrangles between factions, I suggest that Order in Council to validate action of military authorities and courts since declaration of martial law should be issued promptly. Chalmers.
32636
No. 19.
THE SECRETARY OF STATE to THE GOVERNOR. (Sent 5.35 p.m., 17th July, 1915.)
TELEGRAM.
[Answered by No. 20.]
YOUR telegram of the 15th July, in cipher. It is usual to validate martial law by local legislation, but, if this is impossible in the present case, Order in Council will be issued. Please give me ten days' warning by telegraph of date when you intend to withdraw the proclamation of martial law, and telegraph substance of operative part of Order in Council which you wish to be issued.-BONAR LAW.
* No. 16.
Nos. 16 and 17.
No. 18.