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.
