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It is desirable that pardons granted in accordance with this scale should be conditional upon the person released leaving the Colony, and not being again at large within it. This condition the Governor here has authority to attach to any pardon, as the charter of the Colony empowers him to grant to any person convicted of any crime before any Court in the Colony a free and unconditional pardon, or a pardon subject to such conditions as the local Legislature may define; and certain conditions have been defined by Ordinance No 1 of 1860.
But the Attorney General considers that although the Governor has full power under the charter to grant absolute pardons, or pardons subject to certain specified conditions it is beyond his authority to make any promise of a future pardon. He observes: -
"I think it probable that any regulations containing a promise of future pardon if made by the Governor would in itself not bind his successor but that to give it effect and to bind his successors such regulations require the approval of or confirmation by the Secretary of State for the Colonies. In such matters of detail this act is virtute officii that of Her Majesty, and binds her successors and then binds the successors of the Governor."
I shall accordingly await instructions before taking any steps for the formulation of the scale of remission of punishments.