174.
PUBLIC RECORD OFFICE
T
Reference :-
TLC.O. 885
ساساني
SIR,
No. 377.
(JAMAICA),
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, January 6, 1866. We are honoured with your commands, signified in Mr. Elliot's letter of the 28th ultimo, stating that he was directed by you to transmit to us, for our considera- tion, the enclosed copies of seven Acts passed by the Legislature of Jamaica, during the present session, and intituled—
Cap. 1. An Act to indemnify the Governor and all other officers concerned in suppressing the late rebellion in this island.
Cap. 2. An Act to enable the Governor to detain persons arrested during the prevalence of martial law.
Cap. 3. An Act to enable the Governor of this island to declare martial law over the whole or any portions of the island, by and with the advice of the Privy Council.
Cap. 5. An Act to provide for the forfeiture of the real and personal estates of persons guilty of treason or felony in the late rebellion.
Cap. 6. An Act to revive the Act of the 23 Vict, c. 3. for regulating the issuing of and the proceedings under a special Commission of Oyer and Terminer for the trial of certain offences committed in the county of Cornwall, and to extend its provisions to offences committed in the island generally, and for other purposes.
Cap. 8. An Act to prevent the training of persons to the use of arms, and to the practice of military evolutions and exercise.
Cap. 9. An Act to prevent the administering or taking unlawful oaths.
Mr. Elliot was also pleased to state that copies of the Island Secretary's summaries of these Acts and of the Colonial Attorney General's opinions upon them were also enclosed.
And that these Acts have been passed for purposes connected with the recent rebellion of the negroes in Jamaica. And that he was directed to transmit to us the enclosed printed copy of Despatches from the Governor, which contain all the information in your possession respecting the rebellion, the circumstances of which are to form the subject of an inquiry by a Royal Commission.
And that he was directed by you to request that we would take these Acts into our consideration, and favour you with our opinion upon
them.
In obedience to your commands we have taken these papers into our consideration, and have the honour to
44
Report
That with respect to cap. 1., although an enactment of this description may turn out to be proper, we are not at present satisfied that the recital of "an intent of the general massacre of all loyal and well disposed subjects," &c. may not go beyond the fact, or that some (at least) of the provisions of the Act may not go beyond the necessity of the case; we should, therefore, humbly suggest that it would be expedient that the Royal sanction to this Act should be withheld until the commission has reported, or, at all events, until further information has been received.
With respect to cap. 2., this Act appears to us objectionable, on the ground that it gives to the Governor the power of detention without any specified limit of time and without any provision for bringing the accused to trial.
be
With respect to cap. 3., if there be real danger of a fresh outbreak, this Act may and necessary. This is a subject on which we are not able to judge. With respect to cap. 5., we think this improper and inexpedient.
With respect to cap. 6., this Act appears to us proper. It occurs to us, however, to observe that there is some appearance of unfairness in giving the power to the Crown There may, however, be only, and not to the accused, of requiring a special jury. circumstances which render this expedient.
With respect to caps. 8. and 9., we see no objection to these Acts, which are probably required by the circumstances of the Colony.
The Right Hon. Edward Cardwell, M.P.,
&c.
&c.
&c.
We have, &c. (Signed) ROUNDELL PALMER.
R. P. COLLIER.
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