203
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.
Page 210
Page 211
203
That the fact unknown to the authorities, I believe, but
you allude to was not
that they asquiesced in it, I doubt, for I have before
me positive proof that as far back February, 1846, Explains Larkins was warned that he was co
1 committing
breach of the laws, and an extract of the Act of Parliament
put into his hand at the time. The
cution
why the prosecute
reason why
instituted carlier,
wcase:
Avas not
3
f
to the
entirely owing
fact, that though the authorities know, still. they had no legal evidence that baptain 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
blic 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 - bsewance of the law _ " the country would not have been deprived of a large portion of its
revenue
#
though Captain Parkins would have been deprived; of part of his gains.
As Attorney General it is my duty to
onforce the due observance of the laws by every member of the community, whoever be
may
be
without distinction of persons. Mowever unpleasant and disagreeable the execution of that duty may
sometimes be, still, as I have
accepted, the office, I must performed its duties
stricking
and without favor, according to the
obligation which I took on
Allow me
any appointwont. finhuent to observe here that those duties are
rendered the mow unpleasant by the spirit to the laws and the constituted
of opposition
uthorities which has so long prevailed in this
Colony,
and which I regret to find still prevails, and the support which the factious and :vil - disposed have in some instances reecived from
Page 210Page 211
a
the community generally.
Suck a spirit cannot bes otherwise thans prejudicial to the interest of all classes
ind
No one knows so well as Exptain Lackins and yourself", ( for you admit the knowledge your letter), that he has become liable to pay as heavy penalty. It remains for hire therefore to
corve-
forward, to acknowledge his quilt, to pay
the penalty), (without incurring the expense of
dejeuce at low, unless cxpenses is of me object to him),
and thou humbly to petition Sher Majesty to
Avas
mitigate, remit, or release him from the penalty.
I have no doubt that if the petition. - properly worded and presented, Her Majesty the fountain of honor and
: mercy, would take it into her consideration, and perhaps the
release him altogether from his liability.
Yours, 80,
may
( signed) Chas. Molloy Campbell, Ad q. Att. Goul.
True Ropy.
Colonial Secretary.
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