106288535

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slmckibbin at Apr 07, 2022 05:11 AM

106288535

[Page 30]

of justice, so that (as he informed me) he had written to the Secretary
of State to say that he had been so sickened with the delays of
the Court, that he had determined to bring no more prosecutions for
libel. Permit me to ask – is there no latent motive in this de–
claration – is no practical [crossed out] argument involved in it – His Excellency
restrained the late Atty Genl [Attorney General] from prosecuting the Australian, until it
attacked himself – His Excy [Excellency] (became sensitive)[crossed out], then felt the awkward–
ness of instituting prosecutions, in his own case, which he had refused to
allow in others. Bills to suppress the papers became more convenient,
and they were pressed on me – My reason was enforce existing
laws - why have you neglected them, until by your own confession
the press has become alarmingly limitless?[crossed through] the press of the Coly [Colony] has been disturbed by the licentiousness of the press? This argument
was conclusive, it involved within it a silent censure on the laxity of local govt – it was necessary to
must be [crossed through] get rid of it, and how so dextrously as by
shewing that the Courts are insufficient [indecipherable] the press.

Now I affirm – first that the charge is groundless, and the report
of the state of those pressing trials, which I [indecipherable], and a copy of which I
have sent the Governor, will shew that the delay has been with the Crown
officers, who do not scruple to say they have been goaded into prose–
cutions which they thought they could not support – and secondly, that
even badly as they have been managed, the pending prosecutions have had
a most salutary effect – There has been no libel, to my apprehension; now
the presnt Atty Genl came into office, & avowed his intention of pro–
ceeding in every case of libel on the Government – Had the same steps been
taken at an earlier period, then would have been no occasion for severity
of measures now, and we should have been spared the perplexity of the bills
restraining the press.

106288535

[Page 30]

of justice, so that (as he informed me) he had written to the Secretary of State to say that he had been so sickened with the delays of the Court, that he had determined to bring no more procesutions in for libel. Permit me to ask - is there no latent motive in this dec-laration - is no practical [crossed out] argument involved in it - His Excellency restrained the late Atty Genl from prosecuting the Australian, until it attached himself - (became sensitive)[crossed through], then felt the awkwardness of institilling prosecutions, in his own case, which he had refused to allow in others. Bills to suppress the papers became more convenient, and they were pressed on me - My reason was enforce existing laws - why have you neglected them, until by your own confession (the press has become alarmingly limitless?) [crossed through] the press of the Colony has been distimber[?] by the [indecipherable] of the press? This arguement was conclusive, it involved within it a silent [indecipherable] on the laxity of local govt -it was necessary to (must be) [crossed through] [indecipherable] of it, and have so [indecipherable] as by showing that the Courts are unsaifficent traston[?] the press.

Now I affirm - first that the charge is groundless, and the report of the State of those pressing trials where I realise, and a copy of which I have sent the Governor, will show that the delay has been with the Crown officers, who do not scraple[?] to say they have been graded with prosecution which they thought they could not support - and secondly, that even badly as they have been managed, the pending prosecution have had a most saluting effect - There have been no libel, to my approaching; now the presnt Atty Genl came into office, & avowed his intention of proceeding in every case of libel on the Government - Had the same steps been taken at an earlier period, then would have been no occasion for severity of measures now, and we should have been spared the perplexity of the bills restraining the press.