Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844. Various
moors, where bodies of men were openly trained and armed for active and offensive operations. At length the insurrection, for such in truth it was, broke forth. Then living torrents of excited and exasperated men poured down those hillsides; the peaceful and well-affected were compelled to join the insurgent ranks, busy in the work of destruction and intimidation; when each evening brought the work of havoc to a temporary close, they laid them down to rest where the darkness overtook them. The roads were thus continually blockaded, and those who, under cover of the night, sought to obtain aid and assistance from less disturbed districts, were often interrupted and turned back by bodies of these men. Authority was at an end, and a large extensive district was completely at the mercy of reckless multitudes, burning to avenge the sufferings of the past, and bent on preventing, as they thought, a recurrence of them in future. The very towns were in their hands; "in an evil hour" a vast body of insurgents was "admitted" into one of the largest mercantile towns of the kingdom, where they pillaged and laid waste in every direction. In another town of the district a fearful riot was put down by force, some of the leaders of the mob being shot dead while heading a charge upon the military. The ascendancy of the law was at length asserted; many arrests took place; the jails were crowded with prisoners; and the multitudes without, deserted by those to whom they had looked up for advice, their friends in prison, with the unknown terrors of the law suspended over them, probably then felt that, miserable and lost as they had been before, they had now fallen even lower in the scale of human misery. Criminal proceedings were quickly instituted. Several commissions were sent down to the districts in which these disturbances had take place, in order that the offenders might meet with speedy punishment. The law officers of the crown, with many and able assistants, in person conducted the proceedings. Temperate, mild, dignified, and forbearing was their demeanour; in no case was the individual the object of prosecution; it was the crime, through the person of the criminal, against which the government proceeded. No feelings of a personal nature were there exhibited; and a mild, but firm, as it were, a parental correction of erring and misguided children, seemed to be the sole object of those who then represented the government. Conviction was heaped upon conviction—sentence followed sentence—the miserable tool was distinguished from the man who made him what he was—the active emissary, the secret conspirator, also received each their proportionate amount of punishment. True, a few of the more cautious and crafty, all included in one indictment, eventually escaped the penalty due to their crimes; but, among the multitude of cases which were then tried, this was, we believe, the only instance even of partial failure. In spite of this single miscarriage of the government, the great object of these proceedings was completely answered; the end of all punishment was attained; the vengeance which the law then took had all the effect which the most condign punishment of these few men could have accomplished; the constitutional maxim of "poena ad paucos, metus ad omnes," has been amply illustrated by these proceedings; Chartism has been suppressed, by the temperate application of the constitutional means which were then resorted to for the correction of its violence, and the prevention of its seditious schemes.
We must not omit to mention the instances of signal and complete success which have been, from time to time, exhibited in other prosecutions against Feargus O'Connor and different members of the Chartist body, within the period of which we speak. On none of these occasions has the course of justice been hindered, or even turned aside; but the defendants have, we believe, without exception, paid the penalty of their crimes by enduring the punishments awarded by the court.
The recent trials of the Rebecca rioters were also signally successful and effective; and the prejudices of a Welsh jury, which some feared would prove a fatal stumblingblock, were overcome by the dispassionate appeal to their better judgment then made by the officers of the crown.
From a review of the cases, it therefore appears, that the failures of a state prosecution have been comparatively few; and that the crown has met with even more than the average success which the "glorious uncertainty of the law" in general permits to those who tempt its waywardness, and risk the perils of defeat. The welfare and interest of the nation, however, lie in the general results of these proceedings, rather than the particular event of an individual trial. Therefore, though we should assume that a part only of what was intended has been accomplished, still if that portion produces the same general results as were hoped for from the successful accomplishment of the whole, the object of the government has been attained. Now, it may be observed, that, with perhaps the single exception of the case of Mr O'Connell in 1831, the end and object of all state prosecution has been uniformly and completely accomplished, by the suppression of the evil which the crown in each instance was anxious to put down. When this has taken place, there can have been no failure. Beyond what is necessary for the welfare of the state, and the general safety and security of the persons and property of individuals, the crown has no interest in inflicting punishment; it never asks for more than is required to effect these objects, and it can scarcely be content with less.
There are, however, difficulties almost peculiar to the more serious offences against the state, but which are entirely different, in their nature, from those imaginary difficulties which have formed the subject of so much declamation. A passing glance at the proceedings now pending in Ireland, will give the most casual observer some idea of what is sometimes to be encountered by those to whom is entrusted the arduous duty of conducting a state prosecution. Look back on the "tempest of provocation," which recently assailed the Irish Attorney-General, on the vexatious delays and frivolous objections which sprang up at every move of the crown lawyers, called forth by one who, though "not valiant," was well known to the government to be "most cunning offence" ere they challenged him, but who, "despite his cunning fence and active practice," may perhaps find, that this time the law has clutched him with a grasp of iron. In ordinary cases, criminals may, no doubt, be easily convicted; and in the great majority of the more common crimes and misdemeanours, the utmost legal ingenuity and acumen might be unable to detect a single error in the proceedings, from first to last. Still it must be remembered, that even among the more common of ordinary cases, in which the forms are simple, the practice certain, and in which the law may be supposed to be already defined beyond the possibility of doubt, error, or misconception—even in such cases, questions occasionally arise which scarcely admit of any satisfactory solution—questions in which the fifteen judges, to whom they may be referred, often find it impossible to agree, and which may therefore be reasonably supposed to be sufficiently perplexing to the rest of the world. State offences, such as treason and sedition, which are of comparatively rare occurrence, present many questions of greater intricacy than any other class of crimes. In treason especially, a well-founded jealousy of the power and prerogatives of the crown has intrenched the subject behind a line of outposts, in the shape of forms and preliminary proceedings; the accused, for his greater security against a power which, if unwatched, might become arbitrary and oppressive, has been invested with rights which must be respected and complied with, and by the neglect of which the whole proceedings are rendered null and void. At this moment, in all treasons, except attempts upon the person of the sovereign, "the prisoner," in the language of Lord Erskine, "is covered all over with the armour of the law;" and there must be twice the amount of evidence which would be legally competent to establish his guilt in a criminal prosecution for any other offence, even by the meanest and most helpless of mankind. Sedition is a head of crime of a somewhat vague and indeterminate character, and, in many cases, it may he extremely difficult, even for an acute and practised lawyer, to decide whether the circumstances amount to sedition. Mr East, in his pleas of the crown, says, that "sedition is understood in a more general sense than treason, and extends to other offences, not capital, of a like tendency, but without any actual design against the king in contemplation, such as contempts of the king and his government, riotous assemblings for political purposes, and the like; and in general all contemptuous, indecent, or malicious observations upon his person and government, whether by writing or speaking, or by tokens, calculated to lessen him in the esteem of his subjects, or weaken his government, or raise jealousies of him amongst the people, will fall under the notion of seditious acts." An offence which admits of so little precision in the terms in which it is defined, depending often upon the meaning to be attached to words, the real import of which is varied by the tone or gesture of the speaker, by the words which precede, and by those which follow, depending also upon the different ideas which men attach to the same words, evidently rests on very different grounds from those