Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

276 THE EXECUTIVE GOVERNMENT [PART II limitation of the right to pardon, and it expresses the intention to discriminate between these crimes and ordinary crimes. But it is a significant comment upon the whole situation that Sir Matthew Nathan, an experienced officer and an able Governor, wrote on July 18, 19081: —‘I can still find none [no justification] for the maintenance of martial law for a period of eight months in a country where there has been neither war nor rebellion.’ Fortunately martial law has not often been declared in responsible-government Colonies. In the Cape in 1878 it was found for a time necessary in view of native rebellions, but its operation was very limited.? In Natal there were several instances before responsible government, but the first wide- spread use after 1893 was in the course of the Boer war, when large districts of both the Cape and Natal fell under its operation, and it naturally was widespread in the Transvaal and the Orange River Colony after annexation? Natal again in 1906, in the disturbances in Zululand, had to resort to this measure. New Zealand occasionally resorted to it during the long native wars after 1862, as it had done in 1845-7, but Australia has not needed it, and Canada has had no disturbance since the North-West Rebellion of 1885 4 to justify a proclamation. In the Cape of Good Hope there were a good many cases of interest in the Courts. The Court steadily asserted its right to inquire into cases under martial law. In Reg. v. Bekker ® it granted an order to a jailer to show by what cause Bekker was confined in jail. In the case of Reg. v. Geldenhuys the Court declined to order the military autho- rities to admit the applicant to bail, because as long as martial law existed in any district and it was not shown that it was not necessary, the Court should not interfere, recog- nizing that if it were thought fit the Court could interfere. So t Parl, Pap., Cd. 4328, p. 29. ' See Molteno, Sir John Molteno, ii. 290 seq. ; Act No, 21 of 1879. See Parl. Pap., Cd. 981 and 1423, especially Cd. 981, pp. 13, 14,72,73 ; Cd. 1423, p. 14. * Sce Denison, Soldiering in Canada, pp. 261 seq. 5 (1901) 10 Sheil, 407, * 10 Sheil, 369.

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