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content that they should be in your hands whilst as to the necessity for them it seems to me that you and net i should judge. but I understand from your wecond despatch that you wish these powers to be permanent and net a wat measure; 1 899 vary gruve objections to such a course and indeed i doubt its legality, it is certainly opposed to the first principles of English law that the crown should arrest and held an Englislysw) without bringing him te trial, and the very doubtful alternative of the exclusion of Zuropeans from their action, is an assertion
ia et entitled that an Indian subject of nis ajast;
to the protection grunted by lagna Charta to an ..nglish- man. ic a war Muaure other considerations apply.
You asked me to consider the for, of the NACABBATY legislation and it was in considering this watter that the real difficulties revealed themselves. There is se ower under the Craign 、urisdiction net te uka tha Order in Council you want and so unless thera is ctuer Statutery iewer to make it, the · rder in cuncil would tererogativa and net "„tatutory". I find in a despot h from the Celenial · ffice to Win foreign ffice o subject of the deportation et prisenatu saltmice: by this Court who were te le depertad from „e agke, wid en the power of the Jeverner to make an executi e croat for
or parcourt is aċ- their daporttich thi puragraph:-
40843/14 visad that where the rown still has power to le,lilute
crein
by rerc gative ord r in .ouncil it cannet 8c legisluta with extraterritorial effact." if this advice is ucund und i see no reason to doult it, for it is probabl; based on the fact that the legislature has 12 tur Jurisdictien act limited the powers of the Crown to 19g- islate extraterritorially, I de net 894 low wi order in
Council