353
proceeding...
The offence, it is
to be observed upon reference
to Section 9, is the doing of
certain acts in themselves
2
innocent but rendered criminal
only by
reason of the
the
F & the Governors
License
or in
contravention
of
it's terms. The
mistake which appeared
to have been committed in the framing of this Ordinance was
the Confounding of two offences in themselves radically distinct, namely Kidnapping of individuals for the purpose of emigration
on the
one hand, and the
doing
of certain innocent Acts without the License of the Governor on the
other.
2.
I was of opinion that the Ships liable
inasmuch as
to forfeiture under this Ordinance would in all probability be foreign Ships, it was not within the province of a Colonial Legislature
to so interfere
as to render difficult
the solution of those international questions which would in all probability arise & most important distinction is in judgment to be drawn between a Statute passed by the Imperial Parliament and a local Legislature.
A
many