maintained by the Merchants at great expence in the absence of any mode of carrying Conveniences or of any regular Correspondence which the authorities themselves did not hesitate to make recognizing
Foreman requested that having regard to the Circumstances of the Case, a representation might be made to His Excellency for his recommendation to remit the penalty. As no notice has been hitherto taken of this Despatch off without any existence of a Post office by all which things were so notorious that your petitioner never imagined Such averment would be made, but there has been no attempt to confute it, which he could easily have done and is now prepared to do.
Since the trial a Portugese Officer has been sent to Canton on the part of the Post Office to receive and dispatch letters by such Conveyances as may offer. Official intimations of his appointment, and the right to make it without special arrangement with the Chinese Government seems doubtful. In his address to the Jury, the Chief Justice according to the published report of the trial laid it down that the first point to be decided was, whether or not a post was established between this and Canton, if so the case came within Statute. The next point was, whether Captain Larkins has infringed privileges of that Post Office, if existing.
The evidence of Mr. Hylan and others, he thought might be considered to set the first point at rest. It was for the Jury to decide on the other, and also how often a breach of the Law has taken place, if at all. Under his direction the Jury Convicted your Petitioner, but through their verdict going beyond referring your Petitioner to the Post Master General, to whom the Money was not paid, the prosecution, having been at the instance of the Attorney General and in the name of the Crown. Your Petitioner is compelled to appeal to Your Lordships in the Confident hope, that after enquiring into the Premises, an order may be given for the repayment of One Hundred Pounds paid by him to the Attorney for the Crown on the 25th of June 1847.
And your Petitioner will ever pray as in duty bound, &c.
October 1847.
HS Intiass