Unemployment in the United States

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Monograph

Identifikator:: 1828236179

URN:: urn:nbn:de:zbw-retromon-226169

Document type:: Monograph

Title:: Unemployment in the United States

Place of publication:: Washington

Publisher:: United States, Government Printing Office

Year of publication:: 1930

Scope:: II, 193 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Statement of Mr. William Green, president of American Federation of Labor

Collection:: Economics Books

car. Iv] THE PREROGATIVE OF MERCY 1397 observes, the minister in a Colony cannot be looked upon as occupying the same position in regard of the Queen’s preroga- tive of pardon as the Home Secretary in this country. The Governor, like the Home Secretary, is personally selected by the Sovereign as the depositary of this prerogative, which is not alienated from the Crown by any general delegation, but only confided as a matter of high trust to those individuals whom the Crown commissions for the purpose. Actually, therefore, as well as formally, the Governor will continue to be, as he has hitherto been in New South Wales and in other Colonies, the person ultimately responsible for the exercise of the prerogative. But this is quite consistent with the further duty expressly imposed upon him, of consulting his ministers, or minister, before he acts. 3. While, therefore, the rule of procedure now adopted is correct, it seems necessary to point out that in the last three paragraphs of your minute, you go somewhat too far in laying down that the exercise of the prerogative of pardon, even in minor cases, is a ‘ branch of local administration ’, in regard of which the responsibility formally attached to the Governor can practically be transferred to his advisers. 4. Not only is it necessary, as has already been observed, that the power given specially by the Sovereign should be exercised only by the person to whom it is given, but the duty of a Governor to the Imperial Government renders it neces- sary that he should himself decide whether, in any case brought before him, the exercise of the prerogative involves questions affecting the interests of persons or places beyond the Colony, or in any other respect not purely Colonial. 5. In the case of Gardiner, from which, although it is not directly referred to in your dispatch now under notice, the present question has of course arisen, a point came up for consideration, which was obviously in no sense one for the final decision of the ministers of New South Wales, or of any one Colony, however large and important. It was proposed and decided to pardon the criminal on condition of his leaving the Colony, and remaining absent from it, under the Act 11 Vict. c. 34, the provisions of which, in respect of the power of exiling criminals, have been sparingly used, and, as I have elsewhere stated, ought to be practically obsolete. The effect upon neighbouring Colonies, the Empire generally, or foreign countries, of letting loose a highly criminal or dangerous felon to reside in any part of the world except only that principally concerned to take charge of him, was a step which might clearly and not unreasonably give rise to

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