378.
PUBLIC RECORD OFFICE
Reference :-
TITLE C.O. 885
WiwiHÍ
10 PUBLIC RECORD OFFICE. LONDON
If such a doctrine should still be returning to the place from whence she came. adhered to by the learned judge at Nassau, we think it would be necessary to appeal from his judgment to Her Majesty in Council; but if an adverse decision should be pronounced upon the general merits, it must be left to the Colonial Attorney General, who will have the evidence before him to determine whether an appeal should be prosecuted or not.
We think that the course of proceeding which the Attorney General of the Bahamas proposes to follow is judicious and proper.
The Earl Russell,
&c.
&c.
We have, &c.,
(Signed)
ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.
J
No. 300.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Lincoln's Inn, January 12, 1865. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 5th instant, stating that, with reference to his letter of the 3rd instant, be was directed by your Lordship to transmit to us therewith a further letter from the Colonial Office enclosing a Despatch from Viscount Monck suggesting whether an Order in Council should not be passed suspending the operation of the Imperial Act respecting the extradition of offenders.
Mr. Hammond was also pleased to state that we should observe that while sending for consideration the draft of such Order, Mr. Cardwell suggests certain doubts as to the effect which it would have on the measures now taking by Viscount Monck in the matter of the St. Albans raiders.
Mr. Hammond was also pleased to state that he was directed by your Lordship to request that we would take this letter and its enclosures into our immediate consideration, and to state that as Her Majesty would hold a Council at Osborne on Saturday then next, the Order in Council might then be submitted for Her Majesty's sanction, if we should be of opinion that it would be advisable that such an Order should be at once passed.
We are also honoured with your Lordship's commands, signified in Mr. Hammond's further letter of the 5th instant, stating that with reference to his letter of that morning he was directed by your Lordship to transmit to us for reference the accompanying vols. (Laws of Canada, Vol. VIII., Consolidated Statutes, Canada Statutes of Canada 1861) containing the Acts alluded to in Lord Monck's Despatch, No. 196 of December 15, and to request that these volumes might be returned as soon as done with.
In obedience to your Lordship's commands we have taken these papers into our con- sideration, and have the honour to
Report
That if it were necessary for us to express a positive opinion upon the question whether the decision of Judge Coursál was right or wrong, we should desire to take further time for consideration. It may (perhaps) be a tenable view (though certainly not free from difficulty) that the suspension of the Imperial statute (6 & 7 Vict. c. 76.) effected by the Order in Council of 8th January 1850, consequent on the passing of the Canadian statute 12 Vict. cap. 19 (30th May 1849), is still in operation, notwithstanding the passing of the Act 22 Vict. c. 29. (or c. 89. of the consolidated statutes of 1859) and 29 (24) Vict. c. 6. (18 May 1861), which two statutes may perhaps be regarded as con- sistent with the "continuance in force" of the Act of 1849, though by the former of them it was converted into a chapter of the consolidated statutes, and by the latter amended in certain not unimportant particulars; otherwise we should have great difficulty in arriving at the conclusion that the Canadian statute 24 Vict. c. 6. could be regarded as being in concurrent operation with the Imperial statute 6 & 7 Vict. c. 76. on the ground that it was merely subsidiary and auxiliary to that statuto. Taking, however, into consideration the doubts which may be felt upon these points, and all the other circumstances of the case, we have thought it on the whole most expedient that a new Order in Council should be made to take effect from the time of its promulgation by his Excellency the Governor General of Canada in Canada. With this view we have taken the liberty of making some alterations in the Draft Order submitted to us, which (80 altered) we approve.
We have, &c.
ROUNDELL PALMER. R. P. COLLIER.
(Signed)
The Earl Russell,
&c.
&c.
16278.485.
25-2,86.
R. PHILLIMORE.
ABLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- |COPYRIGHT PHOTOGRAPH-NOT TO