CO885-(10-11) — Page 753

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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And with respect to the other five prisoners (5), whether the commutation was illegal?

(6.) Whether, assuming the commutations to be illegal, the prisoners could still be held to be under their original sentences of transportation, and liable to be transported?

(7.) Whether offers should be made to them of commuting the original sentences of transportation for the terms of imprisonment fixed by the Acts, or for any longer terms, and what course should be adopted in case such offers of commutation be refused?

(8.) Whether local legislation might properly be resorted to, and the Governor be empowered to commute past sentences of transportation to terms of imprisonment with hard labour, and whether in such case the terms of imprisonment might properly be made of longer duration than the terms of imprisonment now fixed by the local Acts for the offences in respect of which the sentences of transportation had been imposed? In obedience to your Lordship's commands, we have taken the questions submitted to us into our consideration, and have the honour to

That-

Report

1. Without discussing the power of the Crown to grant pardons subject to any conditions which it pleases to impose, we agree with the opinion of the law officers, dated May 3rd, 1854, that it is not desirable to impose as a condition of pardon a term of imprisonment longer than that which the law assigns to the offence.

2. We think that an offer should be made to Protain to commute his sentence to a term of imprisonment for three years (with hard labour), which is the longest term awarded by the law of Grenada to his offence.

8. We do not think that the sentence can be carried into effect.

4. We think that the convict may be detained for the present and kept to hard labour under the Grenada Act, No. 123, section 1.

3. Our answer to question 1 applies to this question.

6, 7, 8. It is unfortunate that the Chief Justice should have passed sentences which, though not illegal, he knew could not be carried into effect.

It appears that one of the prisoners had been already confined longer than the term of imprisonment awarded by the law to his offence. We think that he should be immediately discharged.

To the prisoner against whom sentence of death was recorded, we think that a pardon conditional on four years' imprisonment with hard labour should be offered, to the others a pardon conditional on the maximum term of imprisonment to which they would have been liable. If they decline the commutation a difficulty arises. On the whole the best mode which occurs to us of dealing with that difficulty, should it arise, would be to detain them and keep them to hard labour under Act No. 123, until an Act can be passed such as that suggested in question 8, which, for greater safety,' should declare legal their past detention.

We think that the term of imprisonment for certain offences may be lengthened, but that this provision should not be retrospective..

The Right Hon. Earl Granville, K.G., &c.

&c.

&c.

We have, &c.

(Signed)

R. P. COLLIER.

J. D. COLERIDGE.

11105.

*

No. 601.

(VIRGIN ISLANDS.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, October 1, 1869. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 29th ultimo, stating that with reference to our report of the 21st of August, respecting the case of the steamer "Telegrafo," he enclosed a letter from the Colonial Office of the 30th of August with a Despatch from Sir B. Pine, the Governor-in-Chief of the Leeward Islands, reporting the reasons which induced him to order her release.

Mr. Hammond was also to enclose a further letter from the same department, with a report from the Governor, by which it appears that he has refused to grant that vessel a British register, and is threatened, in consequence, with an action.

That the Governor, as we should see, asks for instructions, and the Colonial Office

are anxious, if possible, to send them by the mail of the 1st of October.

A letter from the Admiralty was also enclosed respecting the sale of the Telegrafo."

And Mr. Hammond was pleased to request that we would take the matter into our immediate consideration, and report our opinion at our earliest convenience as to the instructions to be sent to the Governor.

The previous papers were annexed for reference if required.

In obedience to your Lordship's commands, we have taken this matter into our immediate consideration, and have the honour to

Report

That this case is encumbered with difficulty at the present time in consequence of the course taken by Governor Sir B. Pine in releasing the vessel, when he was really convinced that there were strong grounds for their (its) detention. The vessel having been released since a sale was effected to a British subject, it is not easy to justify the refusal to grant a British register. If, however, the Governor is really satisfied that the sale is not bond fide, we think he may be properly instructed not to grant the register except under compulsion of law, and whether, under all the circumstances of the case, it is not the more honourable and correct course for the Governor, as repre- Benting Her Majesty's Government, not to forward in any way except under the like compulsion, the immunity of a vessel the past of which is so highly objectionable, is a matter of which your Lordship is the best judge.

• No, 595.

We have, &c. (Signed)

R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.

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0 16278.-11. 25. 5'8G.