No. 32.
38
been the original state of things in that settlement, we are disposed to think that at present it has become a part of the dominions of Her Majesty, and that, consequently, the third objection is invalid.
J. DODSON. JOHN ROMILLY.
We have, &c. (Signed)
The Right Hon. Earl Grey.
&c.
&c.
&e.
A. E. COCKBURN.
39
several papers transmitted to us, and have the honour to report, that in our opinion, the British Possessions Act, 8 & 9 Vict., cap. 93, and the Mercantile Marine Act, 13 & 14 Vict., cap. 93, do extend to British Honduras.
We have, &c. (Signed)
&c.
The Right Hon. Earl Grey,
&c.
&c.
A. E. COCKBURN. W. P. WOOD,
No. 32.
No. 34.
No. 34.
Power of ordering execution to be
vested in Judges: but. perhaps, con- currently with Superintendent.
No. 33.
British Possessions and Mercantile
to British Hon-
Copy of a LETTER from the LAW OFFICERS of the CROWN to Earl GREY.
My Lond,
Doctors' Commons, April 28, 1851.
WE are honoured with your Lordship's commands signified in Mr. Meri- vale's letter of the 31st ultimo, stating that he was directed to transmit to us the enclosed extract of a despatch from the Governor of Jamaica, with copies of so much of the papers to which it refers, as relates to the authority claimed by the Commissioners who presided at the trial in Honduras, in the month of October last, of certain persons charged with piracy on the high seas, of order- ing the sentence of death, pronounced in that case, to be respited, without the intervention of Her Majesty's Superintendent of the Settlement.
Mr. Merivale is pleased to request that we would take these papers into consideration, and report to your Lordship our opinion, whether the Judges of the Commission Court are right, or not, in assuming the power of respiting sentences to be vested in themselves, and not in the Superintendent.
In obedience to your Lordship's commands, we have taken the papers into consideration, and have the honour to report that we are of opinion, that under the Commission of the Judges of the Commission Court of Honduras, the power of ordering execution is vested exclusively in the Judges.
We are further of opinion, that the power of respiting execution until Her Majesty's pleasure shall be known, is also vested in the Judges by their Commissions.
This power of respiting is, however, by no means incompatible with a like' and concurrent power in the Superintendent, which, like the power of pardon, may well be in him as representing the Crown in the Colony, if the terms of his Commission invest him therewith.
&c.
The Right Hon. Earl Grey,
&c.
&c.
We have, &c. (Signed)
No. 33.
J. DODSON.
A. E. COCKBURN.
W. P. WOOD.
COPY of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Earl GREY.
MY LORD,
Temple, November 17, 1851.
WE were honoured with your Lordship's commands contained in Mr. Elliot's letter of the 4th ultimo, in which he stated that he was directed Marine Acts extend by your Lordship to transmit to us a copy of a despatch from the Governor of Jamaica, and of its enclosures, and he was to request that we would take these papers into our consideration, and report to your Lordship our joint opinion, whether the British Possessions Act, 8 & 9 Vict., cap. 93, and the Mercantile Marine Act, 13 & 14 Vict, cap. 93, extend to British Honduras.
duras
Mr. Elliot then stated he was to add, that your Lordship thought it might be convenient, with reference to this question, that he should draw our attention
to the lust paragraph in the letter addressed to your Lordship's Department by Her Majesty's Law Officers on the 14th of March last.
In obedience to your Lordship's commands, we have fully considered the
Copy of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Sir G. GREY.
Temple, July 3, 1854.
SIR,
WE were honoured with his Grace the Duke of Newcastle's commands, Pardon, power of, contained in Mr. Merivale's letter of the 13th April lust, in which he stated that not vested in the he was directed by his Grace to transmit to us copy of a correspondence between Superintendent. the Colonial Office and the Local Government of Honduras, on the question of the exercise of the prerogative of mercy by the Superintendent of that Settle-
ment.
And he further stated that he was to request that we would take these papers into consideration, and report to his Grace whether in our opinion the Superintendent of Honduras possesses under his Commission from the Governor of Jamaica, and the Act of the public meeting, "to amend the system of govern- ment of British Honduras" (copies of which were annexed), or otherwise, power to exercise Her Majesty's prerogative of pardon.
Mr. Merivale concluded by stating that his Grace did not think it neces- sary to do more than direct our attention to the peculiar circumstances of the Settlement of Honduras, and the Acts relating to it (57 Geo. III, cap. 53, and 59 Geo. III, cap. 54) which had been frequently under our and our predecessors' consideration and also to a letter from Her Majesty's Law Officers dated the 14th March, 1851, in which the opinion was intimated that the recitals of those Acts were not at present fully applicable to the Settlement.
In obedience to the above request, we have fully considered the Acts of Parliament, the Superintendent's Commission, and also the Colonial Act to which the letter refers, and have the honour to report-
That we think the power to exercise Her Majesty's prerogative of pardon was not, at the time when the Act of the public meeting was passed, a power that was vested in, or could be lawfully exercised by, the Superintendent, and that section 44 of the last-mentioned Act must be construed as vesting in the officer administering the government of Honduras such powers only a as thereto- fore had been lawfully exercised by the Superintendent, and that in our opinion the Superintendent of Honduras does not possess the power to exercise Her Majesty's prerogative of pardon.
The Right Hon. Sir G. Grey, Bart.,
&c.
&c.
&c.
We have, &c. (Signed) A. E. COCKBURN,
RICHARD BETHELL.
L
PUBLIC RECORD OFFICE
Reference -
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PUBLIC RECORD OFFICE, LONDON]
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