CO885-(2-3) — Page 391

In Bermuda the following clause of an Act, 1782, appears to give the Governor the power of proclaim- ing Martial Law:-

"Be it enacted, &c., when and so often as the Governor or Commander-in-chief of these Islands shall see fit, by and with the advice and consent of His Majesty's Council, to declare Martial Law to be in force, then and during the same time the inha- bitants of these Islands (His Majesty's regular soldiers excepted) shall be subject and conform to the following Articles or Regulations."

In Jamaica during the recent rebellion, Martial Law was proclaimed under the authority of clause 96 of cap. 35 of 1845:-

"And whereas the appearance of public danger by invasion or otherwise, may sometimes make the imposition of Martial Law necessary, yet as from experience of the mischief and calamities attend- ing it, it must ever be considered as amongst the greatest of evils: Be it therefore enacted, that it shall not in future be declared or imposed but by the opinion and advice of a Council of War con- sisting as aforesaid; and that at the end of thirty days from the time of such Martial Law being declared, it shall ipso facto determine, unless con- tinued by the advice of a Council of War consist- ing as aforesaid."

The Legislature of Jamaica has, however, recently passed another Act, 29 Vict., cap. 3, which alters the above clause, and gives the Governor, with the advice of his Privy Council (instead of Council of War), power to proclaim Martial Law. Decision on this Act is at present in abeyance. The Governor has, at the request of the Secretary of State, reported upon it, and it probably requires alteration.

It provides as under :-

"On the passing of this Act the Governor shall have power, by and with the advice of the Privy Council, from time to time to declare the whole or

any portion of this Island under Martial Law."

BIRNUDA.

JAMAICA.

"So much of the recited Act as is repugnant to Cap. 35 of 1845.

or inconsistent with this enactment is hereby Passed November repealed."

On the general question of legalizing the pro- claiming of Martial Law, see annexed copy of Minute by Sir F. Rogers (4th June, 1864), on St. Vincent case :-**

1865.

7

"In this case the St. Vincent Legislature, fresh from the suppression of some dangerous riots, passed a Militia Law, enabling the Governor, under certain circumstances, to proclaim Martial Law, and declar- ing that on such Proclamation the Island, and all persons in it, would be subject to Martial Law, it was pointed out (according to the recognized mode of dealing with that question in this office), that Martial Law thus used had no meaning, and that those authorities who in times of disturbance exceeded the Civil Law should be indemnified after- wards for breaking the law not empowered in advance so to do, and that the provisions must be repealed.

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"The Governor replied, inter alia, that there was one practical difficulty in the present state of the law, that in times of disturbance persons whom it was absolutely necessary to imprison during a period in which all the necessary forms were impracti- cable, might be set free by a habeas corpus.

"This was acknowledged, and the Governor was told that they must give up their Martial Law, but might pass a provision to remedy the particular practical evil which they apprehended

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and the Secretary of State admitted."

(Signed)

E. B. P.

PUBLIC RECORD OFFICE

Reference

TLC.O.885

3 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO