CO885-(2-3) — Page 360

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PUBLIC RECORD OFFICE

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C.O.885

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

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Miscellaneous

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Printed for the use of the Colonial Office. December 15, 1866.

CONFIDENTIAL.

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PUBLIC RECORD, OFFICE

CO.885

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

3 PUBLIC

RECORD OFFICE, LONDON

Colonial Office,

14th December 1866.

May it please your Lordship,

IN compliance with the instructions conveyed

to us by your Lordship, we have considered the question of introducing into the Book of Colonial Regulations some clauses on the matter of Martial Law in time of insurrection, with the view of defining the relative powers of the Governor and the officer commanding the Queen's troops, and of affording them some guidance in the exercise of their powers.

We desire to state at the outset that we have directed our endeavours as closely as possible to the practical view of the subject thus presented to us; and we would accordingly begin by stating what appear to us to be in fact the characteristic incidents which generally ensue in any district upon the proclamation of Martial Law. These are we think the following:-

1. The officer commanding the troops receives from the Governor of the Colony special instruc- tions purporting to invest him with almost unlimited power

in the proclaimed district.

2. The military act against armed insurgents without the immediate sanction or presence of any Civil Magistrate.

3. The persons and property of all the inhabi- tants of the proclaimed district are subjected to the direct control of the military authority.

4. Summary punishments are inflicted by the military authority upon insurgent prisoners, and other offenders against the peace.

5. The action of the ordinary Tribunals is

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