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are hereby revived, and declared to be perpetual; and also all such laws and statutes of England as have been at any time esteemed, introduced, used, accepted, or received as laws in this Island, shall and are hereby declared to be and continue laws of this Ilis Majesty's Island of Jamaica for ever."

It is hardly necessary to observe that the words "perpetual" and "for ever," in this Colonial Act, could not exclude the power of repeal or altetation by any subsequent Act of the Colonial Legislature.

3. For the reason given in our answer to the first question, the powers exercisable by the naval and military officers concerned in the suppression of any disturbance under the general or special direction of the Governor or officer in command of the forces, within a district where Martial Law has been duly proclaimed, are not susceptible of legal definition. If, in obdedience to the orders of their military superiors, and under their authority, such officers should have proceeded to try by military methods persons within the proclaimed district who may have been charged with participation in any disturbance of the peace therein, and, upon being satisfied of their guilt, to inflict upon them capital or other punishment, in accordance with the practice of such military tribunals, we are of opinion that those officers would not be civilly or criminally responsible for so doing.

4. Upon the hypothesis suggested by the concluding question (which, however, is contrary to our own view of the law), we should be of opinion that the Colonial Legis lature could not pass a law which would be operative beyond the limits of the Colony though within these limits it might be operative), to indemnify any persons who might have acted in the manner supposed.

The Right Hon. Edward ('ardwell, M.P.,

&c.

&c.

&c.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER.

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No. 7.

Disturbances in Jamaica.

COPY of a LETTER from the Attorney-and Solicitor-General to the Right Hon. EDWARD

SIR,

CARDWELL, M.P.

Lincoln's Inn, February, 1, 1866. (Received February 1, 1866.)

WE are honoured with your commands signified in Sir Frederic Rogers' letter of the 26th January ultimo, stating that with reference to his letter of the 18th, and our Report of the 24th January on the subject of Martial Law, he was directed by you to request that we would favour you with answers to the following questions:-

1. Can the Governor of Jamaica, having proclaimed a district under the Jamaica Act 9 Vict. cap. 35, ss. 96 and 97, be proceeded against at law, on the alleged ground that

there was in fact no sufficient necessity for such a Proclamation?

2. If such a Proclamation has been made in conformity with the Jamaica Act, are the military officers acting under the Proclamation liable to any legal process, on the alleged ground that they have exceeded the necessity of the case, or on the ground that the Proclamation itself was unnecessary?

3. Are persons, other than military officers, acting under civil or military orders within a proclaimed district, so liable?

In obedience to your commands we have taken this matter into our consideration, and have the honour to report :-

1. That, in our opinion, the Governor of Jamaica, having proclaimed a district under the Jamaica Act 9 Vict. cap. 35, ss. 90 and 97, cannot be proceeded against at law, on the alleged ground that there was no sufficient necessity for such a Proclamation. The power itself can only be exercised under the conditions mentioned in the Act, viz, by and with the advice of a Council of War, constituted according to the 94th section, and in the event of some kind of public emergency (such as contemplated by sections 96, 97, and 98), which the Governor and Council of War consider to require its exercise. Of the nature and degree of the emergency which may be sufficient for this purpose, they (as long as they act bond fide) are the proper and only judges.

2. We are of opinion that military officers neting under such a Proclamation are not liable to any legal process, on the alleged ground that they have exceeded the necessity of the case, or that the Proclamation itself was unnecessary; provided they act bond fide within the scope of their military duty.

3. The third question is one to which we cannot undertake to give a satisfactory answer in the abstract, without reference to the facts of any particular case. Generally, we should be, disposed to think that persons, other than military officers, within a proclaimed district, acting bond fide in aid of the military authorities, and under and in obedience to their orders (whether such persons may be soldiers, concerning whom there can be no doubt, or civilians), would not be liable to any legal proceedings for so doing. But it may be open to more doubt how far persons acting under merely civil orders within such district could justify, by reason of the proclamation of Martial Law within it, any particular acts which would not otherwise be justifiable.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER.

The Right Hon. Edward Cardwell, M.P,

&c.

&c.

&c.

PUBLIC RECORD OFFICE

Reference -

TTC.O.885

3 PUBLIC RECORD OFFICE, LONDON

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