PUBLIC RECORD OFFICE
Reference
C.O.885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2 PUBLIC RECORD OFFICE, LONDON
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I am, however, at the same time to request that you will explain to Mr. Secretary Labouchere, that the recent Order in Council makes no alteration in principle in the system previously enforced. The Court at Constantinople will still be a Consular Court, and it will be presided over by a Consular officer; for although, in order to enhance the importance of his position, the officer presiding in the Court will bear the title of Judge, it was not within Her Majesty's competency to appoint a Judge who should not at the same time be invested with the Consular character. For the Foreign Jurisdiction Act," in its applica- tion to the dominions of the Porte, requires that British jurisdiction in those dominions should be exercised either by a Diplomatic or Consular officer, since in favour of such officers alone have the Sultans renounced. in certain cases, the jurisdiction inherent in them as territorial Sovereigns; and, accordingly, the Judge is provided with a Commission from the Crown as Her Majesty's Vice-Consul, and so also is the Vice-Consul Cancellier, or Registrar, appointed under the late Order in Council.
Moreover, that Order in Council does not invest the Judge with any degree of authority which might not have been conferred upon all Her Majesty's Consular servants, if it had been thought proper to do so; but it was considered that as the Consular officers were not men of legal education, it would be unadvisable to invest them with the full powers which Her Majesty might legally have conferred on them; and although such an objection no longer exists as regards Constantinople, it is not intended, at all events for the present, to extend the limits under which the Consular officers at the outposts may exercise jurisdiction in their respective districts,
It may possibly be found necessary to have recourse to the Ionian Legislature, as in the instance referred to in one of the drafts enclosed in your letter, to enable the Judge Vice Consul to enforce, as regards citizens of the Ionian States, the process which he is empowered to apply in dealing with British subjects; and Mr. Labouchere will perceive by the enclosect extract of a letter from Mr. Hornby, the new Judge Vice-Consul, that he is fully aware that the aid of the Ionian Legislature may be required. But it has been thought better to defer any step for that purpose until Mr. Hornby shall have made a full report on the matter after his assumption of the duties of his office.
In the meanwhile, although Lord Clarendon sees no reason to doubt that Mr. Hornby will understand that the instructions contained in the circular to Her Majesty's Consular officers in the Levant, referred to in your second letter of the 22nd of September, are equally binding on himself. his attention will be specially called to that circular, and the opportunity will be taken specifically to require of hiù a statement of the points on which the Tonian Legislature should be applied to.
For Mr. Labouchere's more complete information as to the grounds of the recent change in the Consular Court at Constantinople, I am to transmit to you, to be laid before him, a series of documents showing the reasons for which that change has been made.
Herman Merivale, Esq.,
&c. &c. &c.
I have, &c.
(Signed) E. HAMMOND.
EXTRACT of a LETTER from Mr. HORNBY to the EARL of CLARENDON,
London, July 25, 1857.
I MUST also remind your Lordship of the necessity for desiring tuo Ionian Legislature to amend the 4th and 5th Articles of the Act, first Session of the eighth Parliament, by striking out all the words after Majesty" in the 4th Article, and inserting in their place the following, in the same way and to the like extent in all respects as the said authorities have the power, with reference to British subjects; and by substituting for the words "are to, in the 5th Article, the word "may," "The object of these alterations is to place Ionians on the same footing, so far, at least, as degrees in punishment are concerned, with British subjects; enjoying, as they now do, the powerful protection of the British Government in the Levant, they can have no claim to immunity from the same punishments, in respect of the same crimes, as are visited upon British subjects.
The Ionians in the Levant are among the worst class of offenders, and without the Consular Court has full power to inflict, when necessary, severe punishments, it will be impossible to keep them in order. At present, the amount of summary punishment that the Consul-General can inflict up an Ionian is very trifling, while sending him back to the Islands for the purpose of trial is not only very expensive, but generally ends in a defeat of justice.
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Appendix No. 7.
WESTERN AUSTRALIA.
ANNO DECIMO SEPTIMO Victoriæ Regina.
No. 7.
AN ORDINANCE for the suppression of violent Crimes committed by Convicts illegally at large.
Appendix No. 7.
WHEREAS since the Colony of Western Australia become a penal Settlement. certain Preamble. robberies of arms, provisions, and other articles, by force or intiuridation, have been committed therein by convicts illegally at large, and the lives of officers of justice and their assistants. while in the execution of their duty in endeavouring to apprehend such offenders, have been perilled by resistance with deadly weapons; and whereas it is expedient, as well for the peace and security of Her Majesty's free subjects resident within the said Colony, as for the due protec- tion of such officers of justice, that suelt offences should be prevented or suppressed by more stringent laws than now exist: Be it therefore enacted, by his Excellency the Governor of Armed escaped Western Australia and its Dependencies, by and with the advice and consent of the Legisla. conviet. tive Council thereof, that, from and after the date at which this Ordinance shall conne into operation, if any convict illegally at large shall roh any person, and at the time of, or imme- diately before, or immediately after, such robbery, shall beat, strike, or use any other personal violence to any such person, every such offender shall be guilty of felony, and, being thereaf convicted, shall suffer death.
II. That if any convict, illegally at large, shall enter any dwelling-house, or any build. Entering house ing within the curtilage of a dwelling-house, with intent to commit a felony therein, and shall with intent. beat, strike, bind, conline, or use any serious personal violence, so as to cause grievous bodily Violence. harm to any person therein, every such offender shall be guilty of felony, and, being thereof convicted, shall suffer death.
III. That if any convict, illegally at large, being armed with any offensive weapon or Armed escaped instrument, shall, by striking, beating, or other personal violence, assault with intent to rob convict-as-nult any person, every such offentler shall be guilty of felony, and, being convicted thereof, shall with intent to rel suffer death.
IV. That if any convict, illegally at large (or if any convict kept to labour in the service of Government, in or at any place appointed by the said Governor, or used, with bia knowledge and sanction, as a place of confinement, or detainer, or hard labour for convicts}
shall unlawfully and maliciously shoot at any person, or shall by drawing a trigger, or in Attempt to shoot
any other manner, attempt to discharge any kind of loaded arms at any person, or shall stab, or wound. ent, or wound any person, with intent, in any of the cases aforesaid, to do some grievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer, or to effect the forcible escape of himself or of any other person, every such offender, and every person aiding and abetting such offender, shall be guilty of felony, and, being convicted thereof, shall suffer death,
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V. That if any convict. illegally at large, and being armed with any description of fire. Armed escaped arnis, or with any weapon or instrument adapted for cutting or stabbing, and capable of convict, if required inflicting a dangerous incised or punctured wound, shail be required to surrender himself by must throw down any Justice of the Peace, policeman, constable, or officer of a convict prison
depôt, or weapon. any free person acting under the direction or in aid of any such peace or other officer (whether such policeman, constable, officer, or free person shall, or shall not. then have a Magistrate's warrant for the apprehension of such convict), and such convict shall refuse or decline so to surrender himself, and, still retaining such fire-arms, weapon, or instrument, shall, by threats or gestures, give reasonable cause to believe that he is about to use such Threat or gesture. fire-armis, weapon, or instrument, for the purpose of preventing his apprehension, then, and in any such case, it shall be lawful for such Justice, policeman, constable, or officer, having first declared and notified his official character to such convict, or for any free person acting
in aid, as aforesaid, by the discharge of any loaded fire-arms, or by the use of any weapon or May be shot, instrument whatsoever, to disable and overpower such convict, with a view to his apprehen- sion, without bodily injury to his captor; and in case the death of such convict shall be thereby caused. the same shall be deemed an act of justifiable homicide; and every such Justice, policeman. constable, officer, or free person acting in aid as aforesaid, shall be, and is hereby, indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing.
VI. That if any convict shall, by force or flight, attempt to escape from any place appointed by the said Governor, or used with his knowledge and sunetion, as a
place of confinement or detainer for convicts, or from any party of convicts, employed in the service of Government, on any road or public work, or from the custody or charge of any warder or other officer of the Convict Department, or from the custody of any policeman or constable, under a commitment for trial, on a charge of felony; and if such convict, being called upon by such warder or officer, or by any warder or other officer of such place of confinement, or of such working-party as aforesaid, or by any military or other sentry then being on guard over such convict, to stop and surrender himself, shall refuse or decline so to do, then, and in any of the aforesaid cases, it shall be lawful for such warder, officer, policeman, constable, or sentry, to fire upon, or use any weapon or instrument against such convict, for the purpose of preventing such escape; and in case the death of such conviet shall be thereby caused, the Prevent escape.
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