CO885-(2-3) — Page 376

PUBLIC RECORD OFFICE

Reference —

C.O.885

2 PUBLIC RECORD OFFICE, LONDON

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

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No. 3.

Cory of a LETTER from the Secretary of the Admiralty to Vice-Admiral Sir J. HOPE.

SIR,

Admiralty, May 25, 1866.

I AM commanded by my Lords Commissioners of the Admiralty to acquaint you that, during the recent disturbances in Jamaica, it became expedient to land officers and men from Her Majesty's ships to assist in suppressing the same.

The instructions issued for their guidance have been submitted to the Law Officers of the Admiralty, and, having been revised, have been printed, and I now enclose a copy of them for your information, and their Lordships desire that you will, as far as local circumstances admit, be guided by them in the event of it at any future time being necessary to land parties for the suppression of any disturbances, or otherwise, in any British Colony or Settlement within the limits of your command.

I am, &c.

(Signed) W. G. ROMAINE.

The first few Articles of the Instructions relate only to the details of the men's clothing, arms, victualling, &c. They then continue as follows:-

INSTRUCTIONS for the Guidance of Officers and Party when the Ordinary Law prevails.

7th. If called upon to act for the suppression of riots, or other disturbances when the Ordinary Law prevails, the following precautions are to be strictly observed :—

I. The party is to be employed only on the requisition of the Civil Authority: II. The party is not to act without the presence of the Civil Authority, except for purposes of self-defence, or the prevention of actual violence to the persons or property of Her Majesty's subjects:

111. The party is to fire only by order of the officer in command:

IV. Notice is invariably to be given that the fire will be effectual:

V. The party is to be divided into four sections, of which two are always to keep their arms loaded:

VI. Care is to be taken, as far as may be possible, that innocent persons do not suffer by the direction of the fire:

VII. In case of riot the mob is never to be allowed to close within fifty yards of the party,

and if a charge is required it is to be made only by half the party, the other half being moved up in reserve:

VIII. If it is requisite to take up a position for defence, care is to be taken not to place the party in any building which can be fired, or in any position which can be overlooked, and proper precautions are to be taken on the march to prevent surprise:

IX. The senior officer, if not present, is to be kept fully informed of the proceedings

of the party, and of all circumstances necessary for his knowledge, and he is to transmit all important information to the Commander-in-chief.

8th. In regard to command, Article II, page 45, of the Admiralty Instructions is to be adhered to, observing, however, that when the public service renders such a course advisable, the naval and military forces may be placed under one command-naval or military as most expedient.

INSTRUCTIONS to the Commanding Officer of a Party Landed when Martial Law has been Proclaimed.

9th. If Martial Law should be proclaimed in any district you are then to follow the directions of the officer appointed to the military command of the district.

10th. The arbitrary will of such officer in such cases supersedes the Ordinary Law for the time being, in the same manner and degree as it would if the district placed under Martial Law were an enemy's country.

11th. You are to require directions, in writing, from the officer in military command

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of the district under Martial Law as to your conduct in all matters of importance, especially in regard to the treatment of prisoners taken by you, whether they be taken in the actual commission of violence against the persons or property of Her Majesty's subjects, or under other circumstances.

12th. It is competent for the officer in military command of the district under Martial Law to order prisoners to be brought to trial in a summary manner before a Council, to be named as he may direct.

13th. If you are to preside over any such Council, usually termed a Court-martial, although not necessarily constituted under the provisions of the Mutiny Act, you are to request instructions, in writing, from the officer in military command of the district, and you are not to carry into execution any sentence of such Council, whether of death or otherwise, without being empowered so to do, in writing, by such officer.

14th. You will take minutes, in writing, if employed on any such Council, and you will require such of your officers, as may be so employed, to take minutes, in writing, of all the proceedings and evidence, to be communicated to your Commander-in-Chief for his information.

15th. You will take care, if so employed, and you will direct your officers, when so employed, to apply for the assistance, if possible, of a legal adviser.

16th. In case it shall not be practicable to obtain directions, in writing, from the officer in military command of the district, you will endeavour to obtain directions in such mode as will admit of no subsequent doubt as to their tenor, and shall commit them as soon as possible, if practicable, to writing.

17th. Under no circumstances are houses or property to be destroyed, except under the exigencies of military operations or of self-defence, or under an order from the officer in military command of the district under Martial Law.

18th. The officer in command of a party is to keep a journal, detailing all his proceedings, a copy of which is to be forwarded for the information of the Commander-in- chief.

19th. In conclusion, you will observe that these instructions are framed for your guidance in the absence of specific directions from the officer in military command of the district, and you are in all matters relating to operations on shore to follow his directions. 20th. If any directions given by the said military officer should conflict with any of these instructions you are nevertheless to act in accordance with his directions, first bringing to his notice, if possible, these instructions. You are carefully to weigh the comparative importance of any conflicting instructions you may receive, remembering that you will still be responsible to your naval superior for the execution of any orders you may receive from him.

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