to regulate the Colonial procedure in these and other similar cases; but we think this would be better done by a separate Act. provisions in Nos. 4, 5, 6, and 11.
The Right Hon. Edward Cardwell, M.P.,
&c.
&c.
&c.
The same observations apply to the like
603.
We have, &c.
(Signed) ROUNDELL PALMER.
R. P. COLLIER.
PUBLIC RECORD OFFICE
19
Reference :-
TILLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 385.
(MALTA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, January 15, 1866. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 3rd instant, stating that he was directed by you to transmit to us→→→
SIR,
1. A copy of a Despatch from the Governor of Malta, forwarding an Ordinance "To "make certain provisions and to remove certain doubts arisen in consequence of the "separation of the Islands of Gozo and Comino from the diocese of Malta,” and a report from the Crown Advocate of the Island showing the reason for the intro- duction of the Ordinance.
2. A copy of a Despatch to the Governor as to the position of the two bishops with reference to Article 1 of the Ordinance, on the supposition that either of them should be guilty of an offence against the law.
3. A copy of a Despatch from the Governor, forwarding the opinion of the Crown Advocate of Malta on the above question.
Sir Frederic Rogers was also pleased to state that he was to request that we would report to you whether, in our judgment, the opinion given by the Crown Advocate on the subject is correct.
In obedience to your commands we have taken this matter into our consideration, and have the honour to
Report
That we agree with so much of the able and elaborate opinion of the Crown Advo- cate of Malta as goes to establish that if either of the two bishops in question were actually in this country, having committed in Malta the crime of high treason, or of murder or manslaughter or of bigamy, or any offence against the Act 12 Geo. 3. c. 24., such or the Foreign Enlistment (59 Geo. 3. c. 69.), or having been accessory to any crime or offence committed in Malta by any other person, such bishop might be tried in this country for having committed, or for having been accessory to, such crime or offence.
But we are unable to concur in the opinion of the learned Crown Advocate that these bishops, if guilty of high treason or of an offence against either of the two statutes 12 Geo. 3. c. 24. or 59 Geo. 3. c. 69., might be arrested in Malta under a warrant from one of Her Majesty's Principal Secretaries of State for the purpose of being brought to this country for trial. We are not aware that there is any example of any warrant being issued by a Secretary of State, since constitutional government was established, either in the Colonies or in this country, for the apprehension of any person charged with any offence whatsoever beyond the limits of what now constitutes the United Kingdom of Great Britain and Ireland, and we do not think that the existence of such a power capable of being exercised beyond these limits can be in- ferred or implied from the known powers and duties of the Secretary of State, con- sistently with the principles laid down in Entick v. Carrington (2 Wilson's Reports, pp. 288-291).
any
We think also that it is open to serious doubt whether these bishops are or are not persons holding a "public office, station, capacity, or employment," within the decided meaning of the British statute 42 Geo. 3. c. 85. Without having formed opinion, the present inclination of the Attorney General is to differ from, and that of the Solicitor General to agree with, the opinion of the learned Crown Adreste on this point.
The Right Hon. Edward Cardwell, M.P.
We have, &c.
(Signed)
ROUNDELL PALMER.
R. P. COLLIER.
&c.
&c.
0 16978.---779.
25.-5/86,
&c.