Secrets Of State

The production in court of documents containing secrets of state will not be compelled if it would be injurious to the public interest and if the officer in custody of them claims the privilege; Beatson v. Skene, 5 H. & N. 838, per Pollock, C. B.; this is said to include confidential communications made by servants of the Crown to each other; 21 Q. B. D. 512; the question of their production is to be decided by the head of the department having custody of them and not by the court; 5 H. & N. 838; [1900] 1 Ch. 347; 13 Low. Can. 33 (where the cases were fully considered); Appeal of Hartranft, 85 Pa. 433, 27 Am. Rep. 667 (in which Agnew, C. J., vigorously dissented), where a ruling in the trial of Aaron Burr was cited as a precedent. That it is for the judge to pass on the question, see Wigm. Evid. § 2376. In 21 Q. B. D. 515, Field, J., said that if he were sitting, he should consider himself entitled to examine the documents privately, and ascertain the real motive of the refusal to produce.