202 PHILLIP 1791 strated by facts^ not an imaginary one.* At tte very least. Boss might have waited nntil his fears had been realised; and he might have waited in safety^ seeing that he had an overpowering force of marines, to say nothing of the crew of the Sirius. Apart, moreover, from the absence of any justification for his proceeding connected with the existing Poj^ to state of affairs, there was the fact that the power to proclaim martial law. martial law did not rest with him, but with the Governor of the territory; the proclaiming of martial law being at all times a matter for the consideration of the Executive Go- vernment, and not of the military employed in enforcing it.f Although the Major held a dormant commission as Lieu- tenant-Governor, that did not invest him with supreme power at Norfolk Island while Phillip was at head-quarters. As a matter of fact, at the time he undertook to establish military law his position was simply that of Major of marines ; King being still commandant of the island.]: But although he was still commandant, and as a magistrate had power to enforce law and order, calling in the aid of the military if he found it necessary, § Boss did not hesitate to supersede him in order "Good go- to carry out his own plans for the "good government" of the island. The manner in which he accomplished this purpose was characteristic. As soon as the wreck took place, he summoned a meeting of all the commissioned officers of his Majesty's navy and marines at this place, for establishing such rules and regulations as may be necessary for the good
- Kothins bat thi^ neceasity arising from the abeolute intermption of civil
judicature By arms can warrant the exercise of what is called martial law. — Qode, MUitary Forces of the Crown, vol. ii, p. 486. t The proclamation should be made by the £xecatiye Groyemment, as the representative of the Crown. The military officer who carries out the orders of the Crown to supersede all law bv his own authority should not be ood- cemed in it, but should be absolutely free from all responsibility as regards the proclamation itself.— To vey, Martial Iaw, p. 89. The declaration of martial law is the act of the Government, or other supreme authority. Its execution is directed by the commander of the forces.— Finlason, Martial Law, p. 73. t On his arrival at the island, Major Ross "requested that I would continue the command until my departure." — Kind's Journal, p. 383. § Every magistrate has authority to command all subjects to aaaist him in the suppression of riot, and has also authority to call in military assist- ance when he thinks it necessary. In 1796, Lords Eldon and Redeadale Temment" Digitized by Google
