[54] For misdemeanour, a peer has no such privilege, but must be tried by a jury. [55] 20th February 1841. [56] The mode of appointing this high officer, and of constituting the court, will be found explained at length in Blackstone's Commentaries.--Vol. iv. p. 259, _et seq._ [57] The meaning of this observation is, that the privilege of not answering questions tending to criminate the witness belongs to the witness, and not to the parties wherefore the objection to such questions ought to come from the witness, and not from the counsel for either of the parties. [58] TOWNSEND, vol. i. p. 229. [59] Townsend, p. 239, 240, 241. [60] Ibid., p. 238. [61] We are by no means sure, however, that he could have been compelled to answer the question, if he had stated that he believed his answer might tend to criminate himself. [62] 1 Townsend, p. 211. Lord Campbell has included his opening address in Lord Cardigan's case among his published speeches, and thus deprecates the censures which had been passed upon him: "I was much hurt by an accusation that my address contained a defence of duelling, and had a tendency to encourage that practice. Nothing could be further from my intention.... I continue to think that to engage in a duel, which cannot be declined without infamy, and which is not occasioned by any offence given by the party whose conduct is under discussion, whether he accepted or sent the challenge, though contrary to the law of the land, is an act free from moral turpitude.... I consider that to fight a duel must always be a great calamity, but it is not always, necessarily, a great crime." Fully acknowledging the difficulties of the subject, we publicly and solemnly disclaim participation in these opinions, for reasons already laid before our readers. We give Lord Campbell full credit for the purity of his motives, and the sincerity of his convictions; but we must withhold our concurrence from opinions which ignore _moral_ turpitude in a breach of THE LAW OF GOD! [63] Articles of War. Art 17. [64] _The Defenceless State of Great Britain._ By Sir F. B. HEAD, Bart. London. Murray: 1850.