No. 51

I have had the honor to receive Your Lordship's Circular
despatches of the 26th and 30th of January, on the
subject of the proclamation of Martial Law. The latter
despatch states that you are not aware whether any law
authorizing the proclamation of Martial Law by the Governor
exists in this Colony.

2. There is no law authorizing any such proclamation
here, but I shall not shrink from accepting the grave
responsibility of proclaiming Martial Law should imperative
circumstances require it.

3. I may mention that in May 1864, when the massacre by
the Chilicoten Indians of a Road party at Bute Inlet was
followed by the extermination of the whites from the sea to
the Upper Fraser I did not think it necessary to proclaim Martial
Law. Two strong and efficient bands of Volunteers were started
from Cariboo and New Westminster respectively but every man
was sworn in as a special Constable and the Chiefs, two
experienced Magistrates, were appointed Commissioners of Oyer
and Terminer in order that a legal trial might be afforded to
any prisoners taken. As an additional precaution I accompanied
the New Westminster party myself. Though a valuable life was
lost in skirmishing with the natives, and several wounds received
the prisoners when driven to
surrender were tried by the Chief Judge of the Colony and a Jury. None
but the Chiefs were executed. Six were hung at Quesnelmouth, and one at
New Westminster. A total immunity from Indian disturbances since then
has been the consequences of our proceedings.