Mr East, in his pleas of the
crown, says, that "sedition is understood in a more general sense than
treason, and extends to other offences, not capital, of a like
tendency, but without any actual design against the king in
contemplation, such as contempts of the king and his government,
riotous assemblings for political purposes, and the like; and in
general all contemptuous, indecent, or malicious observations upon his
person and government, whether by writing or speaking, or by tokens,
calculated to lessen him in the esteem of his subjects, or weaken his
government, or raise jealousies of him amongst the people, will fall
under the notion of seditious acts." An offence which admits of so
little precision in the terms in which it is defined, depending often
upon the meaning to be attached to words, the real import of which is
varied by the tone or gesture of the speaker, by the words which
precede, and by those which follow, depending also upon the different
ideas which men attach to the same words, evidently rests on very
different grounds from those cases, where actual crimes have been
perpetrated and deeds committed, which leave numerous traces behind,
and which may be proved by the permanent results of which they have
been the cause. Technical difficulties without number also exist: the
most literal accuracy, which is indispensable--the artful inuendoes,
the artistical averments, which are necessary, correctly to shape the
charge ere it is submitted to the grand jury, may be well conceived to
involve many niceties and refinements, on which the case may easily be
wrecked. It must also be remembered that the utmost legal ingenuity is
called into action, and the highest professional talent is engaged in
the defence of the accused. The enormous pressure upon the accused
himself, who, probably from the higher or middle classes, with ample
means at his command, an ignominious death perhaps impending, or, at
the least, imprisonment probably for years in threatening prospect
close before him; his friends active, moving heaven and earth in his
behalf, no scheme left untried, no plan or suggestion rejected, by
which it may, even in the remotest degree be possible to avert the
impending doom; the additional rancour which politics sometimes infuse
into the proceedings, the partisanship which has occasioned scenes
such as should never be exhibited in the sacred arena of the halls of
justice, animosities which give the defence the character of a party
conflict, and which cause a conviction to be looked upon as a
political defeat, and an acquittal to be regarded as a party
triumph--all these circumstances, in their combined and concentrated
force, must also be take into consideration. In such a case every step
is fought with stern and dogged resolution; even mere delay is
valuable, for when all other hope is gone, the chapter of accidents
_may_ befriend the accused; it is one chance more; and even one
chance, however slight, is not to be thrown away.
Public-domain text, read in full here on John Shaqi.
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