rest with the workmen who guide and superintend its action? Are the
principles of its construction now no longer known or understood? Are
they, like those of the engines of the Syracusan philosopher, lost in
the lapse of time? Is the crown less efficiently served than private
individuals? and can it be possible, it has even been demanded, that
those who are actively employed on these occasions have been so long
removed on the practice of what is often deemed the simpler portion of
the law, and so long employed in the higher and more abstruse branches
of the science, that they have forgotten the practice of their youth,
and have lost the knowledge acquired in the commencement of their
professional career? Lesser criminals, it is said, are every day
convicted with ease and expedition--how is it, therefore, that the
cobweb of the law holds fast the small ephemeræ which chance to stray
across its filmy mesh, but that the gaudy insect of larger form and
greater strength so often breaks through, his flight perhaps arrested
for a moment, as he feels the insidious toil fold close about him? It
is, however, only for a moment; one mighty effort breaks his bonds--he
is free--and flies off in triumph and derision, trumpeting forth his
victory, and proclaiming his escape from the snare, in which it was
hoped to encompass him. The astute and practised gentlemen thus
suspected, strong in the consciousness of deep legal knowledge, and
ready practical skill and science, may justly despise the petty
attacks of those who affect to doubt their professional ability and
attainments. Some in high places have not hesitated to hint, on one
occasion, at collusion, and to assert, that a certain prosecution
failed, because there was no real desire to punish.
Such is the substance of the various questions and speculations to
which the legal events of the last thirteen years have given rise. We
have now collected and enumerated them in a condensed form, for the
purpose of tracing their rise and progress, and in order that we may
demonstrate that, though there may possibly exist some reasons for
these opinions, founded often on a misapprehension of the real
circumstances of the cases quoted in their support, that they have, in
fact, little or no substantial foundation. With this view, therefore,
we shall briefly notice those trials, within the period of which we
speak, which form the groundwork of these charges against the
executive, before we proceed to state the real obstacles which do, in
fact, occasionally oppose the smooth and _rapid_ progress of a "State
Prosecution."
Public-domain text, read in full here on John Shaqi.
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