In view
of the circumstance that there is evidence of smuggling in the colony and the law against it has not been effective, I am of opinion that the law should remain unaltered. To relax the forfeiture of a vessel and the penalty under this clause would therefore be unwise.
It is in fact the duty of the Governor to consider cases of this nature from this point of view and to continue to enforce the law imperatively.
But if in any particular case the Governor is of the opinion that the effect is insufficiently punished or that the enforcement of this extreme penalty is harsh, he can remit it; or correct a prosecution that has been dropped with the knowledge that the law is broken is calculated to be a strong inducement to disobey the regulations, and to undermine the complete obedience which it is necessary to enforce; and for the same reason.
I agree with you that the amendment proposed by the Attorney General should be withheld.
J 541