Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
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Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
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_
Public-domain text, read in full here on John Shaqi.
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