A Whim, and Its Consequences: Collection of British Authors Vol. CXIVJames, G. P. R. (George Payne Rainsford)
General
A Whim, and Its Consequences: Collection of British Authors Vol. CXIV
James, G. P. R. (George Payne Rainsford)
Fiction
"God forbid that I should be such a fool," replied General Tracy.
"Juries have now-a-days a great leaning to the side of mercy: they
hang very few men comparatively, but it is always the wrong men. So
far I agree with you--your innocence is decidedly against you; but
still let us hope that if the case is very glaring the judge will
recommend you to mercy. But, as you say, these are sad, bitter jests,
my young friend. All that I see before me, around me, is painful, and
I must be serious. Our method of treating prisoners before trial is a
disgrace to a civilized age and a civilized nation. We have, in the
first place, no regular law to rule the whole system. We have a
regular principle which the law recognises, but which it breaks from
the very beginning. 'Every man is to be considered innocent till he is
found guilty,' says the law; but, whatever he is considered, he is
treated as guilty of something, till he is found innocent of the
charge on which he is committed. Every bench of magistrates varies its
doctrine as it thinks best; but they all agree in taking measures for
a prisoner's safe custody which the object does not require or
justify, and in punishing him for being accused, before it is
ascertained whether he is criminal or not. The very deprivation of
liberty is an injustice towards an innocent man, for which the country
that requires it should make compensation the moment he is acquitted;
and every aggravation of that great hardship, inflicted by one or more
magistrates, ought to be punishable as a misdemeanour. Here I had the
greatest possible difficulty in getting an order to see you, and till
that order was obtained the prison doors were shut against me. What an
aggravation is this of the loss of liberty! Not only are you debarred
the free use of your limbs, of your ability, of your will; but you are
deprived of the comfort of sympathy, of the words of friendship, and
affection, of the very sight of loved faces and familiar tones. Better
far, as has been practised in several nations, to shut you up in a
cage and let all your friends, if they would, come and speak to you
through the bars."
"I fear," answered Chandos, "that the state of society requires a
great many safeguards, which inflict innumerable individual hardships.
To prevent a prisoner's escape, to prevent his suborning testimony,
and arranging a factitious tale with those without, may justify many
precautions."
Public-domain text, read in full here on John Shaqi.
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