execution of Mr. Gordon only if, and in so far as they could show that, that step was immediately and unavoidably necessary for the preservation of peace and the restoration of order. They had no right whatever to punish him for treason, even if he had committed it. Their province was to suppress force by force, not to punish crime. 4. This question is answered in our introductory observations. Cases might be imagined in which some of the acts specified might be justified. In a case, for instance, where the loyal part of the population were (as in the case of the Indian Mutiny) greatly outnumbered by a rebellious population, measures of excessive severity might be absolutely essential to the restoration of the power of the law; but this would be a case, not of punishment, but of self-preservation. No facts stated in Governor Eyre's despatch appear to us to show any sort of reason for such conduct in Jamaica. 5. They may be indicted in Middlesex under the provisions of 42 Geo. 3, c. 85. See, too, 24 & 25 Vict. c. 100, s. 9. They may also be impeached in Parliament. 6. Any person in this country may prefer a bill of indictment. 7. This is a question of great difficulty. As Governor Eyre's consent would be necessary to such an Act, and as he could not pardon himself, we are inclined to think that such an Act would be no answer to an indictment in England. Besides this, if Governor Eyre has committed any crime at all, it is a crime against the law of England. Whilst Governor, he could not be made criminally responsible in Jamaica (Mostyn v. Fabrigas, 1 Smith's "Leading Cases," p. 543, 4th ed.). It is not competent to the Legislature of Jamaica to pardon crimes committed against the laws of England. To obviate all difficulty, we should advise that if such an Act were passed, a petition should be presented to Her Majesty, praying her to refer to the Judicial Committee of the Privy Council the question whether the Act ought to be disallowed, and that the petitioners might be permitted to show cause by counsel why it should be disallowed. Unless and until they are disallowed by the Queen, the Acts of the Jamaica Legislature are valid. Temple, January 13, 1866. EDWARD JAMES. J. FITZJAMES STEPHEN. INDEX. ACTS OF PARLIAMENT, extension of, to the colonies, 2, 3, 18, 19. paramount authority of, in colonies, 21. ACTS OF STATE, Governor of colony not liable for acts done in his political ADMINISTRATION, Letters of, effect of, in the colonies, 43, 63. ADMIRALTY (see VICE-ADMIRALTY) COURTS, their origin, 90. their jurisdiction in the colonies, 91. not included in original charter of the Bahamas, 94. seizure at sea by a non-commissioned ship a perquisite of the Admiralty, 93. on the office of Lord High Admiral, 110. jurisdiction of, in cases of piracy, 111; of murder on the high seas, 115; 'ALABAMA," the case of the, 238. ALIEN ACTS temporary in their nature, 181. ALIENS, status of, in colonies, 22. may have dignity of knight conferred upon them, 329. may be empowered by colonial legislatures to hold offices of trust, 330. effects of marriage upon status of, 340. ALLEGIANCE, 252; indefeasible, 333; correlative with protection, 334. question of double allegiance, 324, 337-9. effect of cession of territory upon, 327, 328. AMBASSADOR cannot exercise criminal jurisdiction, 217. ANDERSON'S CASE, fugitive slave killing person who attempted to arrest him, 373. in civil cases, 378. in criminal cases, 378-9. ARREST, in what cases justifiable without warrant, 466-7. ASSEMBLY, HOUSE OF, in the colonies has not same privileges and powers as BAHAMAS, treasure trove in, the property of the Crown, 161. charter of, did not entitle the proprietors to Admiralty jurisdiction, 94. BENEFICES, right of presentation to, in Virginia, 42. duties of governor and bishop of a colony in collating and instituting to, 48. BILLS OF EXCHANGE as affected by lex loci or lex fori, 242, 243. BISHOP, duties of, as to collating and instituting to benefices in colony, 48. jurisdiction of, in the colonies, 52-3, 55-62. BLOCKADE by naval commander, justification of, 82. BROUGHAM, LORD, his application to be naturalized in France, 337. CAPE BRETON, constitution of, changed, 388. CAPITULATION, terms of, should be observed, 7. CASES relating to colonies, 28-9. CESSION of territory, whether power to make is part of prerogative of the Crown, 182-187. CHALLENGE of jurymen, when to be made, 456, 457. CHANNEL FISHERIES, opinion on, 343. CHANNEL ISLANDS, governors of, impeached, 89. history and constitution of, 390-393. opinion on the jurisdiction of the Royal Court of Jersey, 343. CHARTERS, revocation of, 380-389. surrender of, 383. CHINA, treaty with, as to criminals, 374. CHURCH OF ENGLAND. See CLERGY. CLERGY, Convocation of, in the colonies, 36. status of, in the colonies, 52. COAST, meaning of term, 176. COINS, colonial gold coins a legal tender, 22. COLERIDGE, SIR JOHN, his opinion on the case of the Bishop of Natal, 59-61. COLONIAL ACTS, confirmation and disallowance of, 29, 30. COLONIAL CONSTITUTIONS, 27. COLONIAL JUDGMENTS, actions brought on, in this country, 34. COLONIAL LAWs, validity of, 23. COLONIAL LEGISLATURES. See ASSEMBLY, HOUSE OF. powers of, regulated by Acts of Parliament, 24. extent of jurisdiction of, 24. when appointed by authority of the Crown, 28. COLONIES, law applicable to, 1-34. cases relating to, 28, 29. legislatures by authority of Crown, 28. letters of administration in, 63. modes and dates of acquisition, 26. COMMISSION of Governor, how affected by demise of Crown, 72. COMMITMENT, when terms of must be special, 373. COMMUTATION OF SENTENCE, consent of convict required, 461, 462. if he refuses, original sentence may be carried out, 463. where illegal by lex loci, 240, 242. CONVOCATIONS of clergy in the colonies, 36. COPYRIGHT extended to colonies by statute 5 & 6 Vict. c. 45, 22. COURTS OF JUSTICE, prerogative of Crown as to erection of, 168, 169, 170, 172. COURTS MARTIAL, naval, 193. proceedings by, 214. CRIMES governed by lex loci, 248. CRIMINAL COURTS in the colonies, 167. CRIMINAL LAW, on certain points relating to, 453–470. CROWN, right of, to lands on Delaware Bay, 119; to woods in province of Maine, 130; to waste lands in New Hampshire, 133, 145. power of, to alter tenure of lands in Canada, 153. right of, with respect to wild lands, 156. to treasure trove, 161, 178. to mines of gold and silver in colonies, 158, 159, 177. to royal fish, 161, 178. construction of grants by, 175. effect of saving clause in Act of Parliament upon rights of, 176. as to rights of trade, 421-435. DEANE, DR., his opinion on the case of the Bishop of Natal, 59-61. DEPUTY, appointment of, 83. DISSENTING MINISTERS, Synods of, in colonies, 36. marriage performed by, in colonies, 46. DIVORCE, generally governed by law of domicile, 248. DOMICILE, essentials of contract of marriage depend on the lex domicilii, 246. in cases of divorce, 248. DROIT D'AUBAINE, 177. DUNKIRK, sale of, by Charles II., 184. EAST INDIES, legislative authority in, 30, 31. ecclesiastical authority in, 62, 63. chronological précis of events in, 32-34. power of Crown to vary limits of dioceses in, 63. jurisdiction over offences committed in, 88. escheats in, 176-7; mines in, 177. cession of territory in, 185. power to establish martial law in, 211. appeals in criminal cases, 378. ECCLESIASTICAL LAW applicable to colonies, 35-63. See BENEFICES, BISHOP, CLERGY. ESCHEATS in the colonies, 156, 157; in the East Indies, 177. EXTRADITION, 341–374. opinions of United States Attorney Generals on subject, 342, 344-366. various treaties, 372. EXTRA-TERRITORIAL JURISDICTION, 217-238. FALKLAND ISLANDS, Crown empowered to legislate for, 20. FELO DE SE, grant of felons' goods does not extend to, 162, 179; effect of this crime, 179. |