6236.
PUBLIC RECORD OFFICE
Reference :-
111C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
SIR,
No. 414.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, June 8, 1866. We are honoured with your commands signified to us in Sir Frederic Rogers' letter of the 15th May last, stating that he was directed by you, Sir, to request our opinion on certain points connected with the recent inquiry into the Jamaica disturb- ances and their suppression, and that he enclosed, partly for our information and partly for convenience of reference, the following documents, viz., the Imperial Acts 12 Will. 3. c. 12, and 42 Geo. 3. c. 85, respecting crimes committed by c. 35, Martial Law; the Jamaica Act Governors; the Jamaica Act 9 Vict. 29 Vict. c. 1. (Indemnity); the Report of the recent Commission of Inquiry on Jamaica disturbances; ourt opinion of the 24th January last;* our further opinion of the 1st February last; the Colonial Regulations; and a Parliamentary paper containing a correspondence respecting an Indemnity Act passed by the Legislature of Saint
Vincent.
Sir Frederic Rogers was also pleased to state in the said letter that our opinions of the 24th January and 1st February were understood to be:
1. That the Jamaica Legislature was competent to authorise the Governor to pro- olaim martial law.
2nd. That the legal effect of the proclamation, whether really necessary or not, was to establish within the proclaimed districts "arbitrary military power, in accord-
ance with the methods and usages of armies in the field."
3rd. That military officers are not now punishable for having proceeded within those districts to try by military methods and thereupon to punish capitally or other- wise persons charged with participation in disturbances of the peace, and this whether these trials and punishments were in fact necessary or not.
4th. That civilians acting in obedience to military orders and in aid of the military were probably in general not liable to legal proceedings.
5th. But that the position of civilians acting illegally under merely civil orders would be more doubtful.
Sir Frederic Rogers was also pleased further to state that supposing such, to be the state of the law independently of the enclosed Indemnity Act, which Act was then under the consideration of Her Majesty's Government, that Act provides in effect. 1st. Indemnity for all acts ordered or done during the continuance of martial law, whether by civil or military authorities, and whether within or beyond the proclaimed districts," in order to suppress the said insurrection and rebellion, and for the preservation of the public peace throughout the island"; 2nd. Indemnity for all acts done "in order to put an end to the said rebellion," by the Governor or by persons acting under his authority, or acting bond fide for the purposes, and during the time specified in the first section; 3rd. That the certificate of the Governor for the time being is to be conclusive evidence that any act was done under the authority of the Governor, or was done bond fide in order to suppress and put an end to the rebellion.
66
Sir Frederic Rogers further stated that you, Sir, were desirous of being clearly informed as to the effect of allowing, disallowing, or amending this Act; and that you requested our opinion first on the following questions on the supposition that the Act was allowed to remain in force.
Such questions were as follows:—
1. Is it competent to the Governor of a Colony (with the consent of the legislative bodies) to pass an Aot giving indemnity to himself; and is the present Act valid, so far as it gives such indemnity; and would any invalidity on that ground be cured hy its receiving the confirmation of the Crown, or being formally left to its operation by Order in Council?
2. Will the Act supply a defence against any indictment brought against the Governor under the Imperial Act 11 & 12 Will. 3. c. 12. ?
3. If the Governor for the time being is satisfied that an act done by a subordinate officer was done "under the authority of the Governor," or, "bonâ fide, in order to suppress and put an end to the said rebellion," but was, notwithstanding, in its
• No, 890.
+6
† No. 392.
J
16276.-314. 95.-/86.