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That the fact unknown to the authorities, I believe, but you allude to was not that they acquiesced in it, I doubt, for I have before me positive proof that as far back as February, 1846, Captain Larkins was warned that he was committing a breach of the laws, and an extract of the Act of Parliament was put into his hand at the time.
The reason why the prosecution was not instituted earlier was entirely owing to the fact that though the authorities knew, still they had no legal evidence that Captain Larkins was a carrier of letters, but now the evidence which was then wanting is complete.
That his being a carrier of letters "has been of great public convenience, no one will dispute; but it would have been equally convenient to the public, if the letters Captain Larkins carried had been sent through the proper channel, namely the Post Office; there would then have been this additional advantage to the public to recommend the due observance of the law—the country would not have been deprived of a large portion of its revenue" though Captain Larkins would have been deprived of part of his gains.
As Attorney General, it is my duty to enforce the due observance of the laws by every member of the community, whoever he may be, without distinction of persons. However unpleasant and disagreeable the execution of that duty may sometimes be, still, as I have accepted the office, I must perform its duties strictly and without favor, according to the obligation which I took on myself.
Allow me to observe here that those duties are rendered the more unpleasant by the spirit of opposition to the laws and the constituted authorities which has so long prevailed in this Colony, and which I regret to find still prevails, and the support which the factious and ill-disposed have in some instances received from the community generally.
Such a spirit cannot be otherwise than prejudicial to the interest of all classes. No one knows so well as Captain Larkins and yourself (for you admit the knowledge in your letter) that he has become liable to pay a heavy penalty. It remains for him, therefore, to come forward, to acknowledge his guilt, to pay the penalty (without incurring the expense of defence at law, unless expense is an object to him), and then humbly to petition Her Majesty to mitigate, remit, or release him from the penalty.
I have no doubt that if the petition is properly worded and presented, Her Majesty, the fountain of honor and mercy, would take it into her consideration, and perhaps release him altogether from his liability.
Yours, &c.,
(signed) Chas. Molloy Campbell, Att. Gen.
True Copy.
Colonial Secretary.
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