The doubt which some have entertained of the real insanity of Oxford,
and others who have recently attempted the same crime which he so nearly
committed, has caused these cases also to be brought forward in
confirmation of the opinions, which we contend rest upon no real
foundation. The insanity of a prisoner is, however, a fact, upon which
it is the province of the jury to decide, under the direction of the
presiding judge. In each case the law was luminously laid down by the
judge for the guidance of the jury, who were fully instructed as to what
the law required to establish the insanity of its prisoner, and to prove
that "lesion of the will" which would render a human being irresponsible
for his acts. These verdicts, undoubtedly, gave rise to a grave
discussion, whether the law, as it now stands, was sufficiently
stringent to have reached these cases; and though this question was
decided in the affirmative, the mere entertaining of the doubt afforded
another specious confirmation of the impression, that a singular
fatality was attendant upon a state prosecution. This idea received
another support from the case of Lord Cardigan, who, about this period,
was unexpectedly acquitted, on technical grounds, from a grave and
serious charge. This, however, was no state prosecution, and we do but
notice it, _en passant_, in corroboration of our general argument.
We now come to the case of the Chartists in 1842. For some time
previous to the summer of 1842, great distress, it will be remembered,
prevailed among the manufacturing population of the northern and
midland counties. The misery of the preceding winter had been dreadful
in the extreme; emaciated, haggard beings might be daily seen
wandering about the country half naked, in the coldest weather;
sufferings, almost without a parallel, were borne with patience and
resignation. Despair there might be in the hearts of thousands, but
those thousands were mute and passive in their misery; all was dark,
all was hopeless; the wintry wind of penury blew untempered, keen upon
them, but still they cried not; hunger preyed upon their very vitals,
but they uttered no complaint. Let us not, even now, refuse a passing
tribute of honour and respect to the passive heroism which in many an
instance marked the endurance of the hopeless misery of those dreadful
times. At length, however, evil and designing men came among the
sufferers--remedies for the pressing evil, and means of escape from
the wretchedness of their condition, were darkly hinted at; redress
was whispered to be near, and they, the hungry fathers of famished
children, lent a greedy ear to the fair promises of men whom they
deemed wiser than themselves. The tempter's seedtime had arrived, the
ground was ready, and the seed was sown. Day by day, nay, hour by
hour, was the bud of disaffection fostered with the greatest care;
and, day by day, its strength and vitality increased. When, at length,
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