292 THE EXECUTIVE GOVERNMENT [PART It
of State said that continued executions under martial law
were exciting strong opposition, and as the Imperial Govern-
ment were retaining troops in the Colony and would have
to sanction any act of indemnity, it was greatly to be pre-
ferred that the natives should be tried by a civil Court. He
added : ‘I must impress upon you necessity of utmost
caution in the matter, and you should suspend executions
until I have had opportunity of considering your further
observations.” The answer to this telegram was a message
from the Agent-General that the Ministry had resigned, and
the Secretary of State telegraphed to the Governor to ask
for full information as to the circumstances of the case. This
was supplied by a telegram of March 291 and by a reply of
March 302 the incident closed. The substantial part of the
correspondence mav be quoted below :—
‘Trial of the prisoners took place in accordance with
Colonial Office Circular 26th January, 1867,3 for the principal
act which led to proclamation of martial law. Accused were
represented by counsel and were allowed to call witnesses.
Attorney-General gave it as his opinion that the circum-
stances fully justified trial by Court Martial, that the pro-
ceedings were in order, and that the accused had had fair
trial. Evidence was conclusive against condemned men.
I went most carefully into it and prepared précis of the
evidence against each individual prisoner for information of
Executive Council.
On receipt of your telegram of yesterday’s date, I requested
Prime Minister to be good enough to order suspension of
executions which had been fixed for to-morrow pending
further instructions from your Lordship. He replied that he
regretted that he could not authorize suspension of execu-
tions which had been confirmed after full and deliberate con-
sideration. I discussed matter with him and explained that
this decision would oblige me, as Governor of the Colony,
to exercise prerogative of the Crown under the Letters
Patent and to cancel death warrant which I had signed.
He quite recognized this but said that as a most important
Constitutional question was involved he would feel obliged
Parl, Pap,, Cd. 2905, p. 28. * Ibid., p. 29.
! See Appendix No. I of Cd. 2905, This circular was an outcome of the
Jamaican disturbances,
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