CO885-(10-11) — Page 438

9672.

MY LORD,

No. 360.

(NEWFOUNDLAND.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, September 27, 1865. We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 2nd instant, stating that he was directed by your Lordship to transmit to us the correspondence as marked in the margin relative to a complaint made by the Mr. Adams, United States Government, that the Government of Newfoundland had assisted some to C. O, Nov. convicts to proceed from that Colony to the United States.

Oct. 31, 1964.

1864.

From C. O..

Dec. 22, 1864.

No. 580.

1865.

Apr. 24.

That we should observe from the last letter of the series that an Act has been Tor. Buraby, passed by the Legislature of Newfoundland, entitled "An Act to continue the punish- .., Apr. 16, ment of banishment in certain cases," and that with reference to the complaint above To Mr. Adams, alluded to, Mr. Secretary Cardwell is anxious to learn your Lordship's opinion whether Aug.. the Act may properly be submitted for the Queen's confirmation, and Mr. Layard was pleased to request that we would take this matter into consideration and report to your Lordship our opinion thereupon.

In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report

That we think this Act in its present shape is not proper to be submitted for confirmation to Her Majesty.

Whether in any cases of the class formerly punished by transportation a mere Bontence of banishment from a particular part of Her Majesty's dominions would be a sufficient penalty for the due vindication of the law, seems to us questionable. But assuming that it might in some cases be expedient to arm the courts of Newfoundland with power to pronounce such a sentence, and agreeing (as we do) with Mr. Cardwell, that foreign governments would have no just cause of complaint if persons so sentenced were simply left at liberty to go where they pleased without the aid or intervention in any shape of the Colonial Government; we think the present Aot "carried into effect" objectionable, because it provides that such sentences shall be

by the executive power of the Colony without defining how that is to be done, and without introducing any securities for its being done in such a manner as to avoid occasions of offence to foreign governments. The Act does not even guard, by any penalties against the voluntary continuance of a banished person in the Colony, except in the single case of his "return" thereto, after the sentence of banishment has been not only "pronounced" but "carried into effect."

In order to render any such sentence effectual, and at the same time to avoid difficulties with other powers, the Local Government ought, we think, to be autho- rised to cause any such banished persons to be forcibly deported to such places or place as Her Majesty or the Governor (if 80 instructed by Her Majesty) may for that purpose direct and appoint. But no place ought to be appointed or authorised for such a purpose which is not either in Her Majesty's dominions or in some country the Sovereign of which may be willing to consent thereto. It is further necessary to observe that no authority of this kind can be adequately conferred upon the Executive Government of Newfoundland, or any other Colony, without the concurrence of the Imperial Legislature; the coercive power of all persons acting under a merely Colonial Statute being of necessity limited to the Colony itself and its Dependencies.

The Earl Russell, K.G. &c. &c.

We have, &c. (Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

0 16978-476. 25.-2/86.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

LALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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