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.
Public-domain text, read in full here on John Shaqi.
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