Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850Various
General
Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850
Various
England -- Periodicals; Scotland -- Periodicals
never resort to capital punishment. The Omniscient alone can tell how
far the disease has gone, and to what extent the unfortunate being was
really responsible for his actions to his follow men."]
Is, or is not, a trial in this country for duelling to be regarded as
a Farce following a Tragedy? There are those who say that it is; but
we are not of the number. Such trials often greatly excite the public
mind, and array opinions and prejudices against each other in such
a manner as to disturb and derange the judgment. Then more or less
is expected from the law, and its administration, than is right. If
the heated public should have prepared itself for a conviction, loud
and violent is its reclamation against an acquittal, especially if it
have been brought about by what are styled technical objections, and
_vice versâ_. They forget, under the impetuous impulses of a sense
of natural justice, that settled rules of legal procedure must be
observed indifferently on all occasions, if even-handed justice is to
be administered in a court of justice. How did these rules come to
be settled? They are the results of centuries of experience--of ten
thousand instances of the advantage, nay, the absolute necessity, for
observing them. If it could be imagined with any, even the slightest
foundation of truth, that those sworn to decide according to the law
and the facts had wilfully shut their eyes to the one or the other--or,
either directly or indirectly, connived at an evasion of the letter or
a violation of the spirit of the law, in order to secure a particular
result--then there is no power in language adequate fitly to denounce
so deliberate and awful a perjury, so monstrous an outrage on the
administration of justice.
Public-domain text, read in full here on John Shaqi.
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