The Earl of Fortescuesaid, as he was upon his legs, he would wish to ask his noble Friend opposite (the Secretary for the Colonies) a question which he was aware did not come exactly within his Department, but on which he was, perhaps, prepared to give an answer. It related to the sentence which had been lately passed, at the assizes at Exeter, on seven foreigners, who had been there tried and found guilty of piracy. He understood there were some grave questions of international law involved in the case, and that doubts existed in the minds of a large portion of the legal profession, as well as of the public at large, as to the legality of the sentence. He understood a representation had been made by the Minister of Brazil 1350 to the noble Earl the Secretary of State for Foreign Affairs; and the question which he wished to put, in order to satisfy the anxiety existing in the public mind on this subject, was, whether Her Majesty's Government were fully satisfied of the legality of the sentence with reference to the question of international law involved in it, or whether it would not be better for them to advise that the prerogative of the Crown should be exercised for the purpose of suspending the execution of the sentence until they had satisfied themselves on the matter by the decision of all the Judges respecting it.
Lord Stanleysaid, however heinous might be the offence of which these foreigners had been guilty, he concurred with the noble Earl in thinking it desirable that there should not be the slightest doubt of the legality of the sentence. He had had a communication with his noble Friend since the noble Lord opposite had been kind enough to give him notice of his question, and he had to inform him that, doubts having arisen as to the legality of the sentence, the opinion of the Judges would be taken upon it, and of course the prisoners would be respited during the discussion.