THE LIBERATED FENIANS.
Blr Fellows and Mr Higinbotham give the following opinion as to the reception of the released Fenian prisouers in Victoria:—" We are of opinion that the Queen's pardon does not ' wipe out the crime ' of those persons so as to leave them free to enter Victoria. The effect of the pardon is, we think, to remove the punishment, and also all legal liabilities consequent on the crime, except 6U ch as are imposed by statute (see per Lord Ellenborough, " Dover v. Walsh) ._ The Act 18 Vic, No. 3, makes it a punishable offence in certain cases, for any person wh\> has at any time been found guCty of any capital or any transportablo felony to 'come into Victoria ' These words include, in our opinion,- ail felons, whether they have received a tree pardon, or have served the full term of tbeir sentence. Such persons would be ' suspected persons' within the meaning of the Act, and the pardon would not be, in our opinion, an answer to proceedings instituted uuder the Act, as the offence ' coming into Victoria' would be committed subsequently to the pardon."
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Bibliographic details
Westport Times, Volume III, Issue 542, 14 August 1869, Page 3
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187THE LIBERATED FENIANS. Westport Times, Volume III, Issue 542, 14 August 1869, Page 3
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