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"I shall feel bound, with whatever reluctance, to advise the disallowance of the St. Vincent Militia Act, unless the provisions respecting Martial Law are repealed. But though I am thus forced to refuse compliance with the wishes of the Lieutenant- Governor and the Legislature, I should not object to a reasonable legislative provision against the particular danger which is pointed out by the Council and Assembly, namely, the precipitate release by authority of a Court of Law of persons detained in custody in time of public disturbance under authority of the Governor, but on grounds which would not in ordinary times justify such detention.

"My attention was not directed, as it ought to have been, to the provisions respecting Martial Law, contained in the Militia laws of Antigua and St. Kitts. On that subject I shall address the Governor of the Leeward Islands."

Despatch addressed accordingly to

Governor, 14th of

June, 1864.

In consequence of this despatch the St. Vincent Legislature amended their Act, and a clause of the amending Act was sent out to St. Kitts and Antigua 14th June, 1864. as a pattern, to be substituted for their Martial Law

provision.

amended Militia

The enacting part of the clause XI, is as St. Vincent follows: "During the continuance of any procla- and Volunteer mation of alarm arising from internal commotion, Corps Act, 1864.

it shall be lawful for the Governor by writing, under his hand, to authorize the imprisonment and detainer in the common jail of this Government, or in such other temporary place of confinement as the Governor may direct, of all persons charged before him with the commission of offences against the public peace, or of being concerned in anywise therein, or as accessory thereto, and during the continuance of any such proclamation, it shall be a sufficient return to any writ of habeas corpus issued to inquire of the imprisonment of any such person that he or she was imprisoned by order of the Governor and on production of any such order, signed by the Governor (without any cause assigned in such order), the person on whose behalf the said writ may have been issued shall be thereupon remanded to the prison or place of confinement from which he or she was brought, there to remain, but only during the continuance of such Proclama- tion, without bail, and without being entitled to the

ST. KITTS.

Amending Act passed February 14, 1865, adopting St. Vincent's clause verbatim.

Clause 44 of 187 of August 1862.

ANTIGUA.

Section 36 of No. 176, November 29, 186).

BRITISH GUIANA. BARBADOS.

TRINIDAD.

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issue of any further writ of habeas corpus in his or her behalf: Provided always, that the Governor may at any time during the continuance of such Proclamation release any person imprisoned under his order for sufficient cause for writing under his hand requiring such release."

St. Kitts has adopted the amendment and re- pealed the Martial Law clause in their original Act, the clause as it stood before repealed ran thus:--

"The Governor may in case of actual disturb- ance, or other urgent necessity, proclaim Martial Law in force, during the continuance of which all persons in this Island shall be subject thereto."

Antigua has never answered the Secretary of State's despatch requiring the amendment in their Act, which still stands, and is as under:—

'Upon all general alarms by day or night, when- ever the Governor shall think it necessary for the public benefit to declare Martial Law, Martial Law shall be in full force in this Colony or any part thereof; provided that the same shall not continue beyond the space of forty-eight hours without the consent of the Council and Assembly."

I find nothing in the Law of these Colonies enabling Martial Law to be proclaimed.

In Trinidad, at one time, the Proclamation of Martial Law appears to have been legal, but an express provision was inserted in an Order in Council, dated 4th February, 1839, to prevent the revival of the legality of such proclamation.

The provision is given below: "It is therefore further ordered that nothing herein contained shall extend, or shall be construed to extend, to revive within the said Island the operation of any enact- ment authorizing the proclamation or enforcement of Martial Law therein, but that every such enact- ment shall be and the same is hereby repealed: Provided, nevertheless, that nothing herein con- tained shall extend, or shall be construed to extend, to abridge Her Majesty's Royal prerogative, or to take away or abridge the lawful authority of the Officer administering the Government of the said Island, to adopt at any time any such measures as circumstances may require for the maintenance of the public peace, and for the suppression of uny riot, revolt, insurrection, or rebellion therein, or hostile invasion thereof.”

(

PUBLIC RECORD OFFICE

Reference

C.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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