יי
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
be exercised with great discretion, as the mere presence of an armed force has been found in many cases to provoke riot and violence which but for the presence of such force might not have been exhibited.
2. An excessive use of force by a sailor or marine even though he might be acting under the authority of the Governor or his officer, or of both, would not be justified in point of law simply by the act of his acting under such authority. For instance, if when an ordinary street riot occurred (not being one at all partaking of an insurrectionary. felonious, or dangerous character) the forces were ordered to fire at the rioters, and did so, and caused death, the persons firing and those who ordered the fire would be criminally responsible.
It is obviously very difficult to define the degree of force that may be used to suppress riots or tumultous assemblies. It is the duty of every man, be he soldier, sailor, or civilian to aid the civil power in preventing and suppressing riots, but no more force should in any case be used than that which is reasonably necessary and called for by the occasion. A sword or bayonet should never he employed where a staff would answer the purpose, and the use of firearms, by which innocent persons as well as those actually taking part in the riot may suffer, should not be resorted to except in cases of the utmost necessity.
Whenever sailors or marines are employed as a force in suppressing riots it is proper that they should do so under the command of their own officers, who, as far as practicable, should act under the direction of the civil authority.
As regards the use of arms we desire further to state that they should be employed only in cases of insurrection or of riot of such a character as to be general, violent, and dangerous, such as those which have for their objects the commission of felony, the subversion of civil government or civil authority; cases may occur in which tumult, beginning as a mere ordinary street riot, may assume proportions of a dangerous and felonious character, and in these cases the moment at which the use of arms may appear justifiable must depend upon the peculiar circumstances existing at the time and the discretion of those under whose orders the force are acting.
3. Special constables in this country are sworn in by virtue of the 1 and 2 Wm. 4. c. 41. in cases when justices are of opinion that the ordinary officers appointed for pre- serving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants and the security of property, and persons legally We know not exempt from serving the office of constable are not bound to act. whether any law as to swearing in special constables exists in Heligoland, but we think that having regard to the duties and liabilities imposed on sailors and marines they should not be sworn in for service as suggested in this question.
We have, &c. (Signed) JOHN B. KARSLAKE. WM. BALIOL BRETT.
His Grace the Duke of Buckingham and Chandos,
&c.
&c.
&c.
¿
No. 509.
(NEW ZEALAND.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Temple, May 20, 1868. We are honoured with your Grace's commands signified in Sir Frederic Rogers' letter of the 18th May instant, stating that your Grace has had under consideration our report of the 4th instant, on the question submitted to us regarding the legality of the appointment of the members of the Legislative Council of New Zealand, and
That it is stated in that report that we think it would be expedient to remove doubts as to the validity of appointments of and acts done by such Legislative Coun- cillors by a short declaratory Act.
Sir Frederic Rogers was pleased also to say that he was directed by your Grace to transmit to us the draft Bill which has been prepared in the Colonial Department for the purpose of removing such doubts, and that he was directed to request that we would, at our earliest convenience, favour your Grace with our opinion whether this Bill is proper to be submitted to Parliament and will effect the object in view.
In obedience to your Grace's command, we have the honour to
Report
the
power
of
That we have perused the draft Bill sent to us for our consideration, and we are of opinion that, subject to some slight alterations which we have made, the Bill is proper to be introduced to Parliament, and will effect the object in view.
We assume that it is considered that there is no objection to giving up summoning councillors to the Governor absolutely, instead of leaving that power in the hands of Her Majesty, as provided by the recited Act.
We have, &c. (Signed)
His Grace the Duke of Buckingham and Chandos,
&c.
&c.
&c.
0 16278-646.
25.-5/86.
• No. 507.
JOHN B. KARSLAKE.
WM. BALIOL BRETT.
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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