ourts do sit."
"They feared that this addition might extend martial law to the trained
bands, for the uncertainty thereof." The objections of the Commons were,
however, directed not so much to the amendments in detail as to any
tampering with the text of the Petition. "They would not alter any part
of the Petition" (nor did they, except by expunging two words alleged to
be needlessly offensive), still less would they consent to add to it the
reservation as to the "sovereign power" of the King.
The story of these abortive conferences, however interesting
historically, appears to me to have no bearing upon the legality of
martial law, and I have no intention of returning to the subject.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, January 8 (1902).
MARTIAL LAW IN NATAL
Sir,--It seems that in the application made yesterday to the Judicial
Committee of the Privy Council, on behalf of Natal natives under
sentence of death, much stress was laid upon the argument that a
proclamation of martial law cannot have a retrospective application. You
will, perhaps, therefore allow me to remind your readers that, so far
from the date of the proclamation having any bearing upon the merits of
this painful case, the issue of any proclamation of martial law, in a
self-governing British colony, neither increases nor diminishes the
powers of the military or other authorities to take such steps as they
may think proper for the safety of the country. If those steps were
properly taken they are covered by the common law; if they have exceeded
the necessities of the case they can be covered only by an Act of
Indemnity. The proclamation is issued merely, from abundant caution, as
a useful warning to those whom it may concern.
This view, I venture to think, cannot now be seriously controverted; and
I am glad to find, on turning to Mr. Clode's _Military and Martial Law_
that the passage cited in support of Mr. Jellicoe's contention as to a
proclamation having no retroactive application is merely to the effect
that this is so, if certain statements, made many years ago in a debate
upon the subject, are correct. As to their correctness, or otherwise,
Mr. Clode expresses no opinion.
I am, Sir, your obedient servant,
T. E. HOLLAND.
* * * * *
SECTION 14
_The Naval Bombardment of Open Coast Towns_
The four letters which first follow were suggested by the
British Naval Manoeuvres
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