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PUBLIC RECORD OFFICE
in
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
wealth of Australia Constitution Act, 1900, or otherwise, lawfully belonging to Us in respect of the summoning, proroguing, or dissolving the Parliament of Our said Commonwealth."
INSTRUCTIONS TO THE Governor-GeneRAL OF THE COMMONWEALPIF OF AUSTRALIA,
Clause VIII. Grant of Pardons.
any
"And We do further authorise and empower Our said Governor-General, as he shall see occasion, in Our name and on Our behalf, when any crime or offence against the laws of Our Commonwealth has been coinmitted for which the offender may be tried within Our said Commonwealth, to grant a pardon to any accomplice in not being the actual perpetrator of such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders if more than one; and further, to grant to any offender convicted of any such crime or offence in any Court, or before any Judge, Justice, or Magistrate, within Our said Commonwealth, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of such offender, for such period as to Our said Governor-General may seem fit, and to remit any fines, penalties, or forfeitures which may become due and payable to Us. Provided always that Our said Governor-General shall not in any case, except where the offence has been of a political nature, make it a condition of any pardon or remission of sentence that the offender shall be banished from or shall absent himself from Our said Common wealth. And We do hereby direct and enjoin that Our said Governor-General shall not pardon or reprieve any such offender without first receiving in capital cases the advice of the Executive Council for Our said Commonwealth, and in other cases the advice of one, at least, of his Ministers; and in any case in which such pardon or reprieve might directly affect the interests of Our Empire, or of any country or place beyond the jurisdiction of the Government of Our said Commonwealth, Our said Governor-General shall, before deciding as to either pardon or reprieve, take those interests specially into his own personal consideration in conjunction with such advice as aforesaid."
LETTERS PATENT CONSTITUTING THE OFFICE OF GOVERNOR OF THE STATE OF NEW SOUTH WALES.
Clause relating to grant of pardons.
"When any crime or offence has been committed within the State against the laws of the State, or for which the offender may be tried therein, the Governor may as he shall see occasion, in Our name and on Our behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders if more than one; and further, may grant to any offender convicted in any Court of the State, or before any Judge, or other Magistrate of the State, within the State, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence for such period as the Governor thinks fit; and further, may remit any fines, penalties, or forfeitures due or accrued to Us: Provided always that the Governor shall in no case, except where the offence has been of a political nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall absent himself or be removed from the State."
32839.
SIR,
war.
No. 54.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
October 8, 1900.
WE were honoured with your commands signified in Sir M. F. Ommanney's High Com- letter of the 28th ultimo, stating that he was directed by you to transmit to us a copy missioner, of a telegram from the High Commissioner forwarding a request from the Johannesburg No. 22
Telegram, Chamber of Mines that the private property of officials of the late Government of the September. South African Republic, who were believed to be removing via Lorenço Marques large Secretary quantities of gold taken from the mines, might be placed under an interdict, together with of State, the subsequent correspondence noted in the margin, from which we would see. that the Telegram, Portuguese Government had promised to stop the exportation of bar gold, though not of ber, No. 3.
22 Septem- gold coin.
To High That Sir M. F. Ommanney was to state that both before the outbreak of war, and Commis during the war, the Government of the South African Republic commandeered a quantity sioner, 25 of gold-in the former case a quantity of bar gold on its way to the coast from the mines, No. 2.
September, apparently without any legal authority, in the latter a quantity of gold coin from banks High Com- to be replaced by bar gold under a Resolution of the Executive Council of the 20th March, missioner, which would be found enclosed in Sir A. Milner's despatch No. 286 of the 1st May. Telegram, That the Government of the Republic also worked certain mines themselves during the No. 551, 25 September. That no detailed information could be supplied regarding this latter point, but Standard Sir M. F. Ommanney was to enclose a translation of "Law No. 22 of 1899," Art. 1 (B) Bank, 25 of which contemplated working of mines by the Government.
September, That Sir M. F. Ommanney was to observe that, assuming that the gold now in the A.
Standard possession of the ex-officials of the South African Republic at Lorenço Marques was Bank, 26 originally acquired legally by the Government of the Republic, the ownership would September, "ppear, on the principle that "la fortune des Etats qui cessent d'exister passe activement B. et passivement aux successeurs de ces Etats" (Bluntschli, s. 54) to vest in Her Majesty's High Com- Government, and the ex-officials of the Republic would therefore, whether the money Despatch was originally lawfully acquired by them or not, appear to be now in the position of No. 286, absconding with property to which they had no right. That in the case of an official May. absconding with Government property in ordinary times an action would presumably of 1899. be brought in the Colony by the Government, and an execution for the amount of the defalcation obtained. That in the present case application to the High Court was impossible, but that an interdict could be issued by Lord Roberts restraining all dealings with the property of the officials believed to be in possession of the gold until they had delivered it over, or satisfactorily accounted for it. That as the Transvaal was under martial law there would be no practical difficulty in issuing such an interdict.
to
That Sir M. F. Ommanney was also to observe that even if the gold should prove be the property of the Mining Companies, Her Majesty's Government would certainly not contemplate paying compensation to the Companies for any gold taken by the South African Republic during the war, and the proposed interdict would have the advantage of publicly fixing the responsibility for loss on the absconding officials personally.
That Sir M. F. Ominanney was to request that we would take the papers submitted into our consideration, and report whether we saw any objection to the issue of an interdict restraining all dealings with the property in the Transvaal or Orange River Colony of officials of the late Republics who were believed to have fled to Delagoa Bay with gold, the property of Her Majesty's Government or British subjects, until they had delivered it over or satisfactorily accounted for it.
We have taken the papers into into our consideration, and in obedience to your commands have the honour to
Report-
That we see no objection to the issue of such an interdict.
missioner,
Law No. 22
The Right Honourable J. Chamberlain, M.P.,
al.,
&c.,
6918-25-10/1900 Wt 324 D&S 5
&c.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
1.