זנון וויי!
PUBLIC RECORD OFFICE
6
Reference :-
C.O.
885
MY LORD,
No. 839.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
WE are honoured with your Lordship's commands signified in Mr. Holland's
Temple, July 19, 1873. letter of the 17th July instant, stating that he was directed by your Lordship to transmit to us a copy of a Confidential paper, which had been prepared for the use of the Colonial Department upon a question which was then under the consideration of Her Majesty's Government, as to the issuing of an amnesty, in respect of offences committed during the disturbances at Red River in 1869-70, and
That it would be seen from the Minutes of the Privy Council of Canada of the 4th June, that two grounds were advanced by the Canadian Ministers, for their belief that such an amnesty could be granted by the Queen only, but that doubts were entertained as to the validity of those grounds for the reasons stated in the memorandum which would be found at pages 4 and 5 of the Confidential paper.
Mr. Holland was pleased further to say that he was to request that we would favour your Lordship with our opinion.
Whether, in the circumstances stated in the annexed paper, the Privy Council are right in assuming that an amnesty can be issued by Her Majesty only, or whether such amnesty could be issued by the Governor-General of Canada; and whether if Her Majesty's Government decide to comply with the request of the Dominion Govern- ment, and to deal with the question, and are satisfied that an amnesty should be issued, they should advise that such amnesty be issued by Her Majesty or by the Governor-General.
In obedience to your Lordship's commands we have the honour to
Report
That it is not by way of pardon but by way of proclamation that certain offenders will not be prosecuted, that either the Crown or the Governor of the Dominion can interfere. Such a proclamation is only a promise in a very solemn and binding form, and is not of any absolute legal validity.
Upon the whole we agree with Mr. Holland that the Governor of the Dominion might issue the proclamation. But if the Privy Council of the Dominion themselves desire that this should be done by the Queen herself, there seems to be no constitu- tional objection to Her Majesty being advised to comply with such desire, and to issue the proclamation accordingly.
The Right Hon. the Earl of Kimberley.
&c.
&c.
&c.
We have, &c. (Signed)
J. D. COLERIDGE. G. JESSEL.
P 16278,-877.
25,5/86.
11 PUBLIC RECORD OFFICE, LONDON
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