THE SENTENCE ON THE FLANAGANS.

Taranaki Herald, Volume XL, Issue 9029, 11 March 1891, Page 2

THE SENTENCE ON THE FLANAGANS.

We take the following from the Evening Post : — What we can only imagine to be a cruel hoax appears to have been played on the Lyttelton Times by a Wellington correspondent, and our morning contemporary has fallen into the trap, and graciously commends what it terms " the decision of tho Government to commute the sentence on the Flanagans." The grave impropriety of the correspondent's statement as to the nature of tho advice oc the subject said to havo been given to the Governor by his Ministers here, and the folly of assuming that such ad vice, even if correctly stated, is equal to a commutation of the sentence, must be apparent to anyone who knows what the law is on the subject. The prerogative of mercy rests solely in the Governor's hands, as personally representing the Sovereign. He is not in the least obliged to act .according to tho advice of Ministers, although bound to ask it, and if he does not accept it to enter on the minutes of the Executive Council his reasons for differing therefrom. Tho Judge's report on a capital case must be considered by him at a meeting of the Executive Council, and it is provided by the Royal Instructions that " the Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do upon the advice of the said Executive Council thereon, but in all such cases he is to decide either to extend or withold a pardon or reprieve according to his own *ds liberate judgment, whether the members of the Executive Council concur therein or otherwise." The Governor has not been able to personally hold an Executive Council since the sentence on the Flanagans was passed, nor will he be able to do so until two Ministers are prosent in Auckland. It is a gross breach of etiquette, therefore, if nothing more, to anticipate what his decision may be on the case when it comes before him in due form, or to assume that in a case where the personal responsibility is his own, he will necessarily accept the advice which the members of the Ministry acting informally may have determined to offer him when the proper time comes. It is incredible that the Ministers would permit the nature of such advice to trot-spire before being formally tendered to His Excellency. The cruelty of raising hopes in the hearts of the friends of the condemned women which possibly may not be realised will at once be perceived, and we expect His Excellency will be very greatly and justiy annoyed at the premature announcements made on the subject.