Cannot, under permission of the Acting Chief Justice, a copy of which minute is forwarded herewith (amended No.2.). At the same time obtain a Nolle Prosequi to be entered in each of the two pending informations against Mr. Faint, and also in that pending against the Editor of the "Echo" for a publication of the same libel in the Portuguese language in that paper.
I think it only right to point out the extremely embarrassing and anomalous position in which the Attorney General and Executive of this Colony are placed at the present time by the juvenile cause of action pursued with reference to the judgment in Regina v. Faint. The judgment stands of record as a solemn decision of the Supreme Court, and, while it remains uncontested, it is certain the present Chief Justice will abide by the Law there laid down as he is not likely to regard the intimation of the Crown Lawyers, that they do not accept it as correct, or as a reason for altering his views, making it incumbent upon him to come to a different conclusion, and whenever any future Chief Justice shall have to consider a similar matter, it is at least very doubtful whether he would not hold himself bound by a prior decision of this Court, unreversed, and even unquestioned before any legal tribunal. At least two very grave abstract questions are decided by this judgment.