The Life and Correspondence of Sir Isaac Brock, K.B.: Interspersed with notices of the celebrated Indian chief, Tecumseh, and comprising brief memoirs of Daniel De Lisle Brock, Esq., Lieutenant E.W. Tupper, R.N., and Colonel W. De Vic TupperBrock, Isaac, Sir
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The Life and Correspondence of Sir Isaac Brock, K.B.: Interspersed with notices of the celebrated Indian chief, Tecumseh, and comprising brief memoirs of Daniel De Lisle Brock, Esq., Lieutenant E.W. Tupper, R.N., and Colonel W. De Vic Tupper
When these reinforcements reach you, they will, I trust,
enable you successfully to resist the internal, as well as
external, enemies opposed to you, and materially aid the able
measures you have adopted for the defence of Upper Canada.
With regard to the queries you have submitted to me on the
subject of martial law, I have to observe, that it has not
fallen within my experience to see martial law proclaimed,
except in those places where it has been declared under the
authority of a provincial legislature, which of course
regulated the mode in which it was to be executed. As the
martial law which you purpose declaring is founded on the
king's commission, and upon the extreme case of invasion
alluded to in it, I am inclined to think that whatever power
is necessary for carrying the measure into effect, must have
been intended to be given you by the commission, and
consequently, that the power of assembling courts martial and
of carrying their sentence into execution, is included in the
authority for declaring martial law. The officers of militia
becoming themselves subject to martial law when it is
declared, I conceive they may sit upon courts martial with
officers of his majesty's regular forces; but upon both these
points I desire not to be understood as speaking
decisively--extreme cases must be met by measures which, on
ordinary occasions, would not perhaps be justified. Your
situation is such as to warrant your resorting to any step
which, in your judgment, the public safety may require. I
should therefore think, that after taking the best opinions
you can obtain from the first law characters you have about
you respecting the doubts you entertain on this subject, you
need not hesitate to determine upon that line of conduct which
you shall think will best promote the good of the service,
trusting, if you do err, to the absolute necessity of the
measures you may adopt, as your justification for them to his
majesty's government.
Public-domain text, read in full here on John Shaqi.
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