THE SUMMARY TRIALS BILL.

Otago Witness, Issue 921, 24 July 1869, Page 10

TH E SUMMA RY TRIA LS BILL.

The Bill introduced by Mr Fox for the purpose of preserving the peace in the disturbed districts of the North Island/ is a much more elaborate measure than the Act passed for a similar , purpose six years ago. The * Suppression 'of Rebellion Act 1863,' simply provided for the holding of Courts Martial. It authorised the Governor in Council to issue his orders to all persons whom he should think fit to authorise, to take the most vigorous and effectual measures for suppressing the rebellion, to punish aiders or abettors according to Martial Law by death or penal servitude, and to arrest suspected persons and detain them in custody for trial by Court Martial No act done in pursuance of such orders conld be questioned in the Supreme Court ; the officers noting under them were responsible to Courts Martial only. A writ of Habeas Corpus could not be granted in favour of any person detained under authority of the Act. A Court Martial could be held by any officer authorised to hold one ; and the Court was to consist of not less than three nor more than nine commissioned officers of the regular or militia forces. A Maori on his trial was to be assisted by an interpreter. Sentence of death could not be passed by a Court composed ©f less than seven officers, four of whom were required to be commissioned officers of Her Majesty's troops. Two such officers were required to be on every Court. The Courts were armed with all the powers of similar tribunals established under the Mutiny and Desertion Act. Their sentences could not be carried into execution until confirmed by the Governor. The prerogative of proclaiming Martial Law was nofc to be affected by the passing of the Act, which ceased to be of forco after tho end of the succeeding session of tho General Assembly. Buoh was the method of summary administration instituted during tho time of tho Waikatowar. The Act was passed on the tame day as tho Military Settlements Act The two together, it was hoped, would furnish efficiant mean* for the pacification of the North Island ; but strangely enough, both of them became dead letters noon after they becarao law. The GoTemmont of the day, lull 48 ifc ym of great tohesoM and prcjjeoto,

iot^tne 4 r litmfer ?! aiija: 'pfeVeffcing' through, , and nothing, was 'done tolplace the relations between the" wo" :^ace's f "6it' :f W satisfactory b"a&is. v plish i this task; and it now\ remains, to f be»seen iwhetherd the .experience of the past' has. brought the' wisdom' requisite' for' succiessF It' is J a w disgraceful fact ,'that'^ W ' ifta&y , ye,ajr| I 'shpul4^haye" b ; een [suffered ifcp pass ,by ; without any adequate machinery of a legal kind hiving been established' for* the punishment of "rebeyisus; Outrages., ' One,. rebellion \ Has 'succeeded, ( another, n plungingr jthei country into misery, and debt,- and we are still debating question's which ought to, settled ai^he.puiset, _'\ >*i Themeastire noy;' introduced by Mr, Fox' sets but by* "empowering v ;the .Governor ( in,. Council „to , proclaim certain^ .districtß^uWithin , which all Justices, oonstablesi peace officers, and aU commissioned bfficers'.of ' ,the , colonial ' forces,ai'!e; requited tp^take "the,, moat, vigQEOii^ measures according .to law for .suppressing rebellion, and to arrest and detain for trial aiiypersons who may be guilty, or [may Jb'e suspejbted of being guilty, of aiding or encouraging,, rebellion, whether before or after the passing of the Act. The second part of the Act refers to tKe establishment' of Courts of Special Commission. The , Governor is authorised to constitute such Courts by warrant, to appoint the times and places at' which'they shall sit, and the.Judges who shall preside over them. , , The judge may be a Judge of the Supreme Court, a Resident Magistrate, or a Justice of the Peace. The juries are to be formed according to sucb^ regulations as may be issued from time to time. Crown Prosecutors are to be appointed in connection with these Courts, and informatioiis signed by them will be necessary in order to bring cases before the Courts. The prosecutions are to be conducted by these officers. The Courts are to be open Courts, possessing the same power and jurisdiction as the Supreme Court in cases of treason crimes and misdemeanours. Legal, questions raised before the Courts of Special Commission are to be determined by the presiding Judge; but questions of fact by the jury, which shall consist of five men, three of whom must concur before their verdict can be received. Prisoners may challenge three jurors peremptorily; and sentence of death cannot be carried into execution until a written report of the case, by the Judge, has been laid before, the Governor. The Act then provides for the establishment of Courts Martial, defines the constitution and powers o£ such Courts, and regulates their modes of procedure. The provisions are much the same as in the Act of 1863. The members composing the Court must be officers in the colonial forces, not less than three nor exceeding five, and not holding lower rank than that of Captain in the Militia or Volunteers, or Sub-inspector in the Armed Constabulary. Three members of the Court must concur in order to givo validity to tlieir decisions. The Attorney-General is to act as Judge Advocate General under the Act, and an Officiating Judge Advocate shall be appointed by the Governor or by the officer convening the Court. Tho various offences of which the Courts of Special Commission and the Courts Martial are to take cognisance, are next specified. Among them is included tho composing or publishing any seditious libeL Aa this offence is not usually committed by rebellious Maoris, we do not understand how it .comes to be catalogued in an Act for the suppression of robollion. Apparently the Govemmont thinks it oxpodient to chock the license of tho press. If that is tho caae, the ordinary tribunals of the country possess ample powers for the purpose, and at the same time aro much more competent to decide a question of seditious libel than a drum-head Court Martial can possibly be.

Povrer to disarm any person possessing weaponii or ammunition is conferred on the Governor or any offioer commisffOAed.to convene Court* Mwtifl j and

My p@^n^ho^hxn l y^^&ll€&^0oW i to eiwiip iiig 1 Wwlpons + or'^anfiiiiiHi'tion .|eeiijed giail)by s of r jjie may' : or4er any, suspected, or eonyicted .persons to "reside at such .places as 'he; may , appoint : and' if they shall be found presiding' elsewhere after such 'orders have ! beeh issued, they, shall be;'deenied guilty of misdemeanour., To secure,' the 'detention in, custody o£,sus,pected , .persons, the i Governor, the .Colonial, Secretary, or any two members of the Executive, may issue a warrant for the arrest and detention of such persons ; who may accordingly be Retained in custody until ,the ,end of the succeeding Session of, the (general Assembly, and no bail; shall be taken for them. Among, thei miscellaneous provisions with which > the i Act concludes, is one which ( authorises the Governor ■or, the Colonial Secretary fto put on board ships, as' apprentices or seamen, any persons who may be convicted under the Act. Another authorises the Governor to order the transportation of 'convicted persons to any place without the colony. Authority is also given .for the confinement- of convicts in any gaol in the colony ; and provision is made for the payment to the Provinces of such expenses" as "may be incurred in the maintenance and custody of convicts detained in provincial gaols. The Act is to remain in force until the end of the next ensuing Session ©f the .General Assembly.