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PUBLIC RECORD OFFICE

Reference :-

TPILTIC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

LONDON:

PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE. BY DARLING & SON, Lrt., 34-40, BaeOS STREET, E.

1903..

No. 151.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

[Matters arising out of the establishment of Martial Law in South Africa and elsewhere.]

Royal Courts of Justice, SIB,

May 30, 1902. We were honoured with your commands, signified to us in Mr. Bertrain Cox's letter of the 10th instant, stating that he was directed by you to request our consideration of certain matters arising out of the establishment of martial law in South Africa and elsewhere, as the result of the present war, upon which, in view of the possible early restoration of peace, it was desirable that you should have the favour of our report at as early a date as possible.

That martial law had been proclaimed throughout Natal and throughout Cape Colony. That it had also been proclaimed in Southern Rhodesia, and in the areas occupied by the camps of confinement in those British Colonies in which prisoners of war and penal servitude prisouers have been detained.

That Mr. Bertram Cox was to transmit to us copies of certain reports and documents relating to martial law during the present war, and to draw our attention in particular to our Reports of the 25th January, 6th February, 16th March, 18th May, 1st June, and 17th July 1900, 6th July 1901, and 14th March 1902.*

That you assumed it to be a matter beyond all question that the proceedings taken under martial law would require the cover of legislative enactments to prevent action at law being taken against persons who administered martial law, and that Mr. Bertram (ox was to transmit 10 us copies of Act No. 6, 1900, passed by the Legislature of the Cape Colony, Ordinance No. 1 of 1901 of Southern Rhodesia, and Acts No. 15 of 1900 and No. 41 of 1901, passed by the Legislature of Natal, and of a Bill intended to be introduced in the present Session of the Natal Parliament.

That the Acts of the Cape Colony and Southern Rhodesia legalised retrospectively all proceedings taken under martial law up to the date of Act, but the Natal Act, No. 41 of 1901, and the Bill shortly to be introduced, legalised not only what might have been done before the passing of the Act, but all "Acts properly done, whether before, during, or after the existence of martial law.

That you presumed that sentences passed by courts administering martial law would expire on the termination of martial law, unless legislation was passed to provide for their continuance, although the Judge Advocate-General and other legai advisers of the War Office, as we should observe, had advised to the contrary effect, and that in that connection Mr. Cox was to call our attention to our Report of the 6th July 1901.†

That another question which aro e related to certain sentences passed by courts administering martial law upon rebels taken in arms by His Majesty's Forces. That a number of those had been sentenced to terms of penal servitude in Bermuda, and that legislation would be passed in Bermuda to legalise their detention in that island until they could be removed to the Seychelles, where similar legislation would be passed. That in that connection Mr. Cox was to call our attention to our Report of the 14th March 1902.‡

That there would be no difficulty in legislating either in Natal, Ceylon, Seychelles, Southern Rhodesia, or in any Crown Colony in which persons sentenced by courts administering martial law might be confined, and probably no difficulty in Bermuda. But that difficulty would probably arise, should the war come to an early conclusion, in obtaining legislative authority for the detention of martial law prisoners in the Cape Colony, inasmuch as, apart from the fact that the Cape Parliament was not expected to meet until August, it was not certain that there would be a majority eufficient to pass legislation of this kind.

That it had accordingly been proposed to continue martial law in Cape Colony after the conclusion of the war, and the disaffected condition of that Colony would probably afford ample justification for that step being taken, but that you feared that,

Nos. 12, 19, 24, 36, 38, 43, 88, and 136.

B 28091.-1. 95.-6/09. lk. 11. E & S.

† No. 88.

‡ No. 136.