THE TREASON-FELONY BILL.

Southland Times, 24 April 1868, Page 2

THE TREASON-FELONY BILL.

In moving the suspension of the standing orders of the Legislative Assembly of New South Wales, to allow this bill to be passed in one day — as was done — Mr Martin made the following explanatory observations, as summarised in the " Sydney Morning Herald " : — " Until 1796 the law of treason was in a very unsettled state, but in that year an Act was passed defining the offence of treason. In 1817 this Act was made permanent, with some alterations, and remained in force till 1848, in which year it was found that the existing law was insufficient to provide for the new cases that were arising. The law was consequently altered, making felony of all that had previously been considered as treason, with the exception of direct attacks upon the Sovereign. From this Act the first seven clauses of the Bill had been copied, with slight alterations to suit the circumstances of the colony. The Secretary of State had sometime ago suggested the adoption of this Act in the colony, so that the law of treason might be the same throughout the British Empire. The last three clauses, 8, 9, and 10, had been drawn by himself. Clause 8 empowered a justice, on information, to issue a warrant, which warrant being countersigned by three members of the Executive Council, would authorise the entering of a house, and the searching for persons, papers and arms. Clause 9 provided a punishment of not more than two years imprisonment for using language disrespectful to the Queen, or expressing sympathy with certain offenders; and

clause ten provided for the writing tt publishing of similar language and expressions. In support of these clauses, he would mention that there was a large amount of information before the Govern* ment tending to show that there were persons in this colony in correspondence with individuals who were engaged in a conspiracy against the British Crown. There was more than one place in this city where there was supposed to be papers, but under the present law no search could lawfully be made for them. "With these clauses Government would have an opportunity of testing the correctness of the information received. They had already heard a considerable amount of sympathy with the villiana who had committed this atrocious crime j and though the terms had been vague, they had been sufficient to show that the crime was not held in the abhorrence with which a well regulated mind ought to regard it. Luckily, the loyal subjects of her Majesty in this colony formed an overwhelming majority, and there was but on 9 feeling amongst them, and that was, that if any branch of the conspiracy . existed here it should be put down in the strongest way possible. It might be supposed that the Government would have gone further, and asked for the suspension of the Habeas Corpus Act; but the Government had conceived that this bill would be sufficient, though, if the exigency required it they would come down and ask the House for further powers. As to the passing the bill in one day, it must be evident that if the measure were necessary it would be desirable that the public mind should not be agitated by the discussion of the question, and that it would be better to pass it with as little debate as possible."