ourse
of public calumny and open abuse against the officers of Government
generally, or particularly against the principal law officer of the
Crown, in the legal discharge of his duty in the King's Courts, as the
defendant did," then it was the Judge's conviction that the publisher so
offending should be "punished to that extent which, in human
probability, would prevent a recurrence of the offence." And yet this
same Judge, in pronouncing sentence, had expressly declared that the
sentence should be a light one, as it was the defendant's first offence.
The conclusion of the letter showed plainly enough that a conference had
taken place between Justices Sherwood and Hagerman before the imposition
of the penalty. It proved, indeed, that the sentence was to be
considered as the joint sentence of the two Judges. "Taking all the
circumstances of the case into consideration," it ran, "Mr. Justice
Hagerman and myself deemed the sentence which we passed on the defendant
both proper and necessary for the public good, and what the case itself
required."
Two or three further appeals were made to the Lieutenant-Governor on the
prisoner's behalf, all of which proved ineffectual. The matter was
really in the hands of the Attorney-General himself, who was inexorable,
and would be satisfied with nothing short of the fullest expiation. The
Assembly meanwhile did not relax its efforts to obtain a commutation of
the sentence. On the 12th of March an address to the King was passed by
that body, whereby His Majesty was entreated "to extend to Francis
Collins the royal clemency, by remitting the residue of his punishment."
Not much was hoped for from this proceeding, as it was felt that the
whole influence of the Executive would be put forward against it. The
prisoner himself made up his mind to accept the inevitable, and to serve
out at least the full term of the sentence imposed. He continued to
supply editorial articles for his paper, couched in a strain which
seemed to indicate his superiority to circumstances. But his buoyant
spirit was measurably tamed by his long imprisonment, and it was
remarked that he was never again quite the same man as before. Contrary
to his anticipations, the address of the Assembly finally proved
effective, and he was permitted to walk forth from the jail a free man.
His paper came forth from week to week, but its tone was evidently
modified and subdued. Something of the old spirit occasionally flashed
fort
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