5536.
:
MY LORD,
No. 92.
(BARBADOS.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 6th May 1876.
We were honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 29th ultimo, stating that he was directed by your Lordship to request that we would favour your Lordship with our opinion on the following question:That a telegram had been received from Mr. Pope Hennessy, the Governor of Barbados, in which he urgently applied for authority to issue a special Commission for the speedy trial of a large number of prisoners charged with crimes of violence committed in the course of the disturbances which had arisen in that island, and he proposed that this tribunal should consist of the Chief Justice of Barbados, the Chief Justice of St. Lucia, and the Attorney-General of St. Vincent. That there was only one judge of the Supreme Court in Barbados, styled the Chief Justice, and it was not desirable, for local reasons, that he should sit alone to try these particular prisoners; while it was of very urgent importance that this trial should take place as soon as possible.
2. That the Governor's Commission, of which Sir Julian Pauncefote was to enclose a copy, empowered him by Clause XII. to constitute and appoint such Judges and Commissions of Oyer and Terminer as might be lawfully appointed by Her Majesty. That it would seem from the opinion of the Attorney-General and Solicitor-General, Yorke and Weary, on the establishment of a Court of Criminal Jurisdiction in the Leeward Islands, reported in Chalmer's Opinions, Vol. 2, p. 150, that the issue of a special Commission for a speedy trial of prisoners in Spanish Town, an island where no courts or officers were established for the administration of justice, was warranted by the King's prerogative in his Colonies, and that the power to issue such Commission was delegated to the Governor by the clause in his Commission, corresponding to Clause XII. of the Commission of the Governor of Barbados; and that Governor Pope Hennessy might have been advised that the issue by him of a special Commission such as he proposed would be warranted by that clause.
3. That in the case of Jamaica, however, a special Commission for the trial of prisoners was issued after the suppression of the outbreak in that Colony, but it was issued by the Governor under the authority of a local Act. That there is no Act of the Legislature of Barbados authorising the issue of a special Commission by the Governor.
4. That your Lordship, therefore, would be obliged if we would favour you with our opinion at our earliest convenience as to whether Her Majesty has power by virtue of Her prerogative to issue a special Commission to any persons named therein for the trial of prisoners in the Colony of Barbados, such Colony possessing representative institutions and settled courts of law for the administration of criminal justice; and, if so, whether such power had been delegated to the Governor by his Commission, a copy of which was enclosed, or whether an Act of the local Legislature was necessary to warrant the issue of such special Commission by the Governor.
5. That as it was of extreme importance that the large number of prisoners now in custody should be brought to trial at the earliest possible moment, your Lordship would be much obliged by our immediate attention to that letter.
We were also honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 3rd instant, stating that with reference to the letter from the Colonial Department of the 29th ultimo, requesting the favour of our opinion as to the power of the Governor of Barbados to issue a special Commission to the Chief Justice of Barbados, the Chief Justice of St. Lucia, and the Attorney-General of St. Vincent, to try certain prisoners in Barbados, he was directed by your Lordship to inform us that since the date of that letter a telegram had been received from Mr. Pope Hennessy, in which he referred to the local Act, No. 251, as conferring on him sufficient legal authority for this proceeding. That this Act was printed at p. 417 of the accompanying volume of the Laws of Barbados.
▲ 12916.92. 95.-12/84.
PUBLIC RECORD OFFICE
Reference :-
LITICO. 885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
Vol. 1, Laws
of Barbados.