Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850 — John Shaqi
Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850Various
History
Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850
Various
England -- Periodicals; Scotland -- Periodicals
It was the business of the Attorney and Solicitor General to establish
a case of high treason against the prisoner, and of Sir Frederick
Pollock and Mr Kelly to defend him _à l'outrance_; but God forbid that
we should say _per fas aut nefas_. It were idle to characterise the
intellectual and professional qualifications of these four combatants;
the eminence of all is undisputed, though their idiosyncrasies are
widely different from each other. Suffice it to say, that everything
which great experience, sagacity, learning, power, and eloquence could
bring to bear on that contest might have been confidently looked for.
One circumstance is proper to be borne in mind--that the prisoner's
counsel (of course abhorring the acts imputed to their client) were
stimulated to the very uttermost exertion by the fact that their own
political opinions were notoriously adverse to those entertained by the
prisoner, and those--viz., Chartists--who so confidently summoned two
Tories to the rescue of their imperilled brother Chartists.
All the main facts of the case were universally known before the trial
took place, together, of course, with the legal category to which they
must be referred, to satisfy the conditions of high treason. The nature
of that offence was thus tersely and beautifully explained by the Chief
Justice,--[5]
"Gentlemen, the crime of high treason, in its own direct
consequences, is calculated to produce the most malignant
effects upon the community at large; its direct and immediate
tendency is the putting down the authority of the law, the
shaking and subverting the foundation of all government, the
loosening and dissolving the bands and cement by which society
is held together, the general confusion of property, the
involving a whole people in bloodshed and mutual destruction;
and, accordingly, the crime of high treason has always been
regarded by the law of this country as the offence of all
others of the deepest dye, and as calling for the severest
measure of punishment. But in the very same proportion as it
is dangerous to the community, and fearful to the offender
from the weight of punishment which is attached to it, has
it been thought necessary by the wisdom of our ancestors to
define and limit this law within certain express boundaries, in
order that, on the one hand, no guilty person might escape the
punishment due to his transgression by an affected ignorance
of the law; and, on the other, that no innocent man might be
entangled or brought unawares within the reach of its severity
by reason of the law's uncertainty."
The following were fearful words to be heard, or afterwards read, by
those who were charged with the defence of Frost. They occur, like the
preceding passage, in the luminous charge of the Chief Justice to the
Grand Jury, on the 10th December 1839:--
Public-domain text, read in full here on John Shaqi.
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