Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844Various
History
Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
Various
England -- Periodicals; Scotland -- Periodicals
But, behold! a last desperate throw of the dice from the prison-house--a
speculative and desponding appeal to the proverbial uncertainty of the
law; and, to the unspeakable amazement and disgust of the country, an
alleged technical slip in the conduct of the proceedings, not touching
or even approaching, the established MERITS of the case either in fact
or law, has been held, by the highest tribunal in the land, sufficient
to nullify the whole which had been done, and to restore to liberty the
dangerous delinquents, reveling in misrepresentation and falsehood
concerning the grounds of their escape on punishment--in their delirium
of delight and triumph, even threatening an IMPEACHMENT against the
officers of the crown, against even the judges of the land, for the part
they have borne in these reversed proceedings!
Making all due allowance for these extravagant fooleries, it is obvious
that the event which has given rise to them is one calculated to excite
profound concern, and very great _curiosity_. The most sober and
thoughtful observers are conscious of feeling lively indignation at the
spectacle of justice defeated by a technical objection; and public
attention has been attracted to certain topics of the very highest
importance and delicacy, arising out of this grievous miscarriage. They
are all involved in the discussion of the question placed at the head of
this article; and to that discussion we propose to address ourselves in
spirit of calmness, freedom, and candour. We have paid close attention
to this remarkable and harassing case from first to last, and had
sufficient opportunities of acquainting ourselves with its exact legal
position. We deem it of great importance to enable our readers, whether
lay or professional, to form, with moderate attention, a sound judgment
for themselves upon questions which may possibly become the subject of
early parliamentary discussion--Whether the recent decision of the House
of Lords, a very bold one unquestionably, was nevertheless a correct
one, and consequently entitling the tribunal by whom it was pronounced,
to the continued respect and confidence of the country? This is, in
truth, a grave question, of universal concern, of permanent interest,
and requiring a fearless, an honest, and a careful examination.
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