long
thông trong không
4437
Circular.
305
[ 6 ]
see R. . Douglas, 12, L.J. 49, Q.B. and II. Chitty's Statutes, (3rd Edition,) Note p. 69.] On the face of the Depositions there is ample proof of Homicide and no proof of Justification. The Committal was by a competent Court and in every other respect warranted by Law and the accused should be remanded to await the action of the Executive in the matter.
At the close of the Attorney General's Argument, the Chief Justice handed to him a Paper containing six additional points which he expressed his desire to hear argued, and of which the following is a copy.
1. In case the Nouvelle Penelope had been a British ship carrying these Coolies on the high seas under the circumstances proved by the depositions, would she or would she not have come within the 5 Geo. 4 c. 113, and would or would not the Captain under that Act have been subject to suffer death "as pirates, felons and robbers upon the seas ought to suffer" up to 1 Vict. c. 91, when the penalty was lessened to transportation for a period not less than 15 years.
2. In case this Prisoner and the other Coolies had valuable property as was in the case of the Aunamites which the Captain had taken from them and was keeping in his Cabin and was taken, and keeping their persons and their property on the high seas, would or would not the taking the property by the Captain have been Piracy or at least such a state of circumstances as would have justified their rising and if necessary killing the Captain to regain their property and liberty.
3. Would or would not the Coolies on board the Nouvelle Penelope in either Case come within the desiguation of slaves, according to the definition in Section II of 6 and 7 Vic. e. 98. Property is res estimabilis, but it is a maxim as old as Jenkins and as I believe as King Alfred the Great and older still, Libertas est res inestimabilis.
4. Is there any and if any what difference in the status of slavery as dealt with by the statutes collected in 1 Rus., chap. 18, p. 243, ed. 1865, whether that status was originally brought about legally or illegally, by kidnapping or by a voluntary consent to go.
5. According to English Law can a man by consent become or be a slave and does his consent affect or not affect his status or the criminality or innocence of the person holding him in slavery.
6. Can he contract away his liberty any more than he can contract away his life, and if taking the Prisoner's life with his consent (e.g. shooting him) would be Murder, would or would not taking his liberty with like consent subject the taker of the liberty to the same penalties as if it had been originally taken by force.
The Attorney General declined to argue the above Six Points on the ground that they were raised upon suppositious facts, of which he contended there was no evidence upon the Depositions.
F.O. wif. 30 May
71668
Svr 54/20
J. Lucia
Indexed
54
1168870
Siducia
RE
MAY. 6
1871
Government Mouse Hong Kong
sythe March, 1875.
My Lord,
I have the honor to
acknowledge the receipt of Your Lordship's Circular despatch of the 1. t of December, informing & that Her Majesty's Government
The Right Honoruble
The Earl of Kimberley,
Her Majesty's Principal Sorestiery of Shate,
year
Jo