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74 "An impression, however, still remains that these savages are stimulated to acts of Atrocity by one or more Leaders, who from their previous Intercourse with Europeans may have acquired sufficient Intelligence to draw them into Crime and Danger. The capture of these Individuals, therefore, becomes an Object of the first Importance, and to this Point the Lieut.-Governor would particularly direct the Attention of those who may be called to Aid the Civil Power in the Execution of the justifiable measures to which they may have recourse: and His Excellency deems it necessary to promulgate, for general Information, but especially for the guidance of the Magistrates, Constables, and Military:—

"1. If it shall be apparent that there is a Determination on the Part of one or more of the Native Tribes to attack, rob, or murder the white Inhabitants generally, any Persons may arm, and joining themselves to the military, drive them by force to a safe distance, treating them as open enemies.

"2. If they are found actually attempting to commit a felony, they may be resisted by any Persons in like manner.

"3. When they appear assembled in unusual Numbers, or with unusual Arms, or although neither be unusual, if they evidently indicate such Intention of employing Force as is calculated to excite Fear, for the purpose of doing any Harm, short of Felony, to the Persons or Property of any one, they may be treated as Rioters, and resisted, if they persist in their attempt.

"4. If they be found merely assembled for such Purpose, the Neighbours and Soldiers armed, may, with a Peace-Officer or Magistrate, endeavour to apprehend them, and, if resisted, use Force. "5. If any of the Natives have actually committed Felonies, the Magistrates should make such diligent Enquiries as to lead to certainty of the Persons of the Principals, or any of them (whether this consists in knowledge of their Names or any particular Marks or Characteristics, by which their Persons can be distinguished), and issue Warrants for the Apprehension of such Principals. The Officer executing a Warrant may take to his Assistance such Persons as he may think necessary; and, if the Offenders cannot otherwise be taken, the Officer and his Assistants will be justified in resorting to Force, both against the Principals and any Others who may, by any Acts of Violence, or even of Intimidation, endeavour to prevent the arrest of the Principals.

"6. When a Felony has been committed, any Person who witnesses it may immediately raise his Neighbours and pursue the Felons, and the Pursuers may justify the Use of all such Means as a Constable might use. If they overtake the Parties, they should bid, or otherwise signify to them, to surrender: if they resist, or attempt to resist,