he community; and you hope it would not be considered
unreasonable in you to propose one for the relief of the whole
community; for the life and property of no family will be safe an
hour, if these classes of offenders by hereditary profession are
assured that they may carry on their trade with impunity, as they
must be if your agency be withdrawn, and all the prisoners be
released.
If you make a forcible representation to the Bombay Government in
this strong case, they will adopt the measure if they have the power,
or ask the power from the supreme Government; and I think the supreme
Government will give it. I would say a special Commission for the
trial of commitments under XXX. of 1836, and XXIV. of 1843, or a
special Commission for the revision of trials under these Acts, as
may seem best to Government; but you can say that you think the first
would answer the purpose best in the Bombay Presidency. You may offer
to run down to Bombay and submit your views to the Government in
Council if required. They would not think it necessary, but would be
pleased with the offer. Where men are committed on the general
charge, it has always been thought necessary to show that the gang
committed a murder or a robbery, though it is not so to show what
part the prisoners took in them. If your assistant has not done this,
he has failed in a material point. He should be very cautious in
dealing with whole classes. The fault of our Bombay assistants has
always been a disposition to make offenders of whole classes, when
only some of the members are so.
You must make your best of the present case--show the necessity of
the remedy clearly, and urge it respectfully without pretending to
find fault with the Judges; merely say that their interpretation of
the laws of evidence laid down for their guidance, however
conscientious, forms an insurmountable obstacle to the conviction of
offenders by hereditary profession, whose system has been founded
upon the experience of their ancestors in the most successful modes
of defeating these laws, and the technicalities of ordinary Judicial
Courts. This is, I think, all that I can say on the subject at
present. The Moncktons leave us this evening, and Amelie intends to
set out for the hills on the 6th proximo.
Yours affectionately,
(Signed) W. H. SLEEMAN.
To Captain J. Sleeman.
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