[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link book
Letters To """"The Times"""" Upon War And Neutrality (1881-1920)

CHAPTER VI
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"They would not alter any part of the Petition" (nor did they, except by expunging two words alleged to be needlessly offensive), still less would they consent to add to it the reservation as to the "sovereign power" of the King.
The story of these abortive conferences, however interesting historically, appears to me to have no bearing upon the legality of martial law, and I have no intention of returning to the subject.
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_ The four letters which first follow were suggested by the British Naval Manoeuvres of 1888, during which operations were supposed to be carried on, by the squadron playing the part of a hostile fleet, which I ventured to assert to be in contravention of international law.


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