They will amount, Mr. Parker informs me to three hundred and fifty Dollars, and must be borne by Plaintiffs intend, as he believes, to bring further proceedings in the same case, but in another form; the result of which may be ruinous to me, as they have the command of wealth...
In executing the warrants (for such were the orders) of Sir John Davis, I believed that they were legal; that I did not give effect to Magistrate - for I knew that in that capacity I had no jurisdiction, but as the person having the most ready means at his disposal, and that I should at least receive the protection accorded by law to a Constable under similar circumstances.
Assuming the arrest to have been illegal, (a point undecided), criminality can attach to me under one of two cases only; namely, that I performed the act wilfully, knowing it to be illegal; or that, though not knowing it to be illegal, I performed it through culpable ignorance of my duty; were either supposition true, I would not trouble His Excellency with these remarks, but be content to bear the consequences.
The contrary is the truth. I had good cause to believe that Sir John Davis had power to send foreigners out of the Colony, for he was the Queen's representative, and I might justly infer, that irrespective of any inherent right as such, he possessed an acquaintance with existing treaties and the law of nations sufficient to preserve him from error on a point so likely to occur; and he having been at any time imputed malice; and he had repeatedly used such power in the case of Chinese, in the case of Portuguese.
Nor can I be convicted of culpable ignorance of my duty in a matter that lay without the circle of that duty. It appeared to be clearly imperative upon me, therefore, as an officer of Government, or even as a good subject, not to obstruct, but to aid the Governor.
Page 323
me to
They will amount, Mr. Parker informs three hundred and fifty Dollars, and must be
me that the
He further informs
he believes, to bring further
borne by Plaintiffs intend, as
me.
proceedings in the same case,
but
in another
form; the result of
which
may
be ruinous
to
me, as they have the command of wealth...
In
executing the
the warrants
(for
such were
the orders) of Sir John Davis, I believed that
they
pvere
them as a
legal ; that I did not give effect to Magistrate - for I knew that in
I had no
that capacity
ne jurisdiction, but as the person having the most ready means at
his
disposal, and that I should at least receive the protection accorded by law to a
Constable under similar circumstances.
Assuming the arrest to have been illegal,
(a point undecided ), criminality can attach
to me under one
of two cases
only; namely,
that I performed the act wilfully, knowing
it to be
illegal ;
or that, though not kunwing
323
it to be- illegal, I performed it through culpable ignorance of my duty; were either supposition true, I would not trouble. His Excellency with these remarks, but be content. to bear the consequences.
Queen's
The contrary is the bruth. I had good cause to believe that. Sir John Davis had power to send- foreigners out of the Colony, for he was the Lucens representative, and I might justly infer, that irrespective of any inherent right as such, he possessed, an acquaintance with ersisting treaties and the law of nations sufficient to preserve him.
from o
not
error on a
- point- so likely to pecur, malice-
time imputed ; and he
having been
at any
had repeatedly used such as power in the case
He used it on several subsequent o
of Chinese. in the case of Portuguese.
Nor
can
Coccasions
of
I be convicted
culpable ignorance of my duty in a matter that lay without the circle of that duty.
me
It appeared to be clearly imperative upon
therefore,
as an
officer of Government,
n even as a
good subject, not to obstruct, but to aid. the Governor
f
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