CO885-(2-3) — Page 366

PUBLIC RECORD OFFICE

Reference :-

C.O.885

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

3 PUBLIC RECORD OFFICE, LONDON

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the whole or part of such district at the earliest moment when the public safety permits.

4. The proclamation of Martial Law should be published, as soon as possible and by all con- venient means, in the proclaimed district and in other parts of the Colony.

5. Upon the proclamation of Martial Law the Governor of the Colony should, in conjunction with the officer commanding the troops in the Colony, arrange for the military occupation of the proclaimed district, and should give such officer general instructions in writing as to the nature and objects of the measures to be performed.

6. Great abuses have arisen from Civil Magistrates imagining, with no foundation, that they are clothed with extraordinary powers by the proclamation of Martial Law. The Governor would do well to warn them against falling into this error, in the manner best suited to the cir

cumstances of the particular Colony.

7. During the continuance of Martial Law the Governor may give from time to time authorita- tive instructions, if he so thinks fit, to the officer commanding the troops upon such matters as the punishment of offenders belonging to the Civil population, proclamations of pardon and amnesty, levies upon the inhabitants, arming magistrates with special powers, the continuance, resumption, or suspension of the ordinary tribunals.

8. The Commander of the forces in the Colony, or other officer taking command of the troops in

the proclaimed district, shall assume entire mili- tary authority within the district, and shall also publish to the inhabitants any orders to which they are required to conform.

9. If the officer commanding the troops in the Colony takes command of the troops in the proclaimed district, he shall report as often as practicable to the Governor.

Any other officer, in command of the troops

in such district, shall report as often as prac- ticable to the officer commanding the troops in the Colony; and in case the latter and the Governor are in different places, shall forward duplicates of such reports direct to the Governor. The Governor should, in that case, with the

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concurrence of the officer commanding the troops

in the Colony, communicate directly with the officer commanding the troops in the proclaimed district.

10. Every officer in command of a detachment

in the proclaimed district shall, if practicable, be furnished with written orders from his superior officer, and shall keep a journal of his proceed- ings, and shall report from time to time in writing to his superior officer.

11. Unless in case of urgent necessity, troops should not be detached except in command of a commissioned officer.

12. In subduing the rebels by force of arms,

care should be taken as far as possible to avoid injuring non-combatants, women, or children. Men not armed with fire-arms, or offensive weapons, are not to be fired upon, unless actively hostile, without first summoning them to surrender.

Dwelling-houses, stores, crops, and other pro- perty should not be destroyed or injured, except under military necessity.

13. The officer commanding the troops in the proclaimed district may appoint a military officer to act as Provost Marshal, and shall in such case give written orders to the Provost Marshal limiting him to the punishment of such offenders only, whether military or civil persons, as he or any of his assistants may actually see committing any crime; and limiting the punishments which he may inflict. The Provost Marshal shall from day to day, or as often as need be, report to the officer commanding the troops in the proclaimed district, the names of all offenders punished by him, and the crime and punishment of each such offender.

14. Unless military reasons do not admit of a trial, prisoners and offenders should not be punished by any military officer (the Provost Marshal excepted) unless after trial by a Court-martial, to be convened by the officer commanding the troops in the proclaimed district, or by some officer deputed in writing by him, and to consist of at least three officers.

15. Care should be taken to afford the prisoners every reasonable facility for making their defence'