Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
In both cases there were acquittals, on the
alleged ground of insanity; and we take leave to intimate that, in
our opinion, there should have been convictions in both. The escape
of the cold-blooded murderer, M'Naughten, who deliberately shot his
unsuspecting victim in the back, horrified and disgusted the public.
"It had not been anticipated," says Mr Townsend, "and created a deep
feeling in the public mind, that there was some unaccountable defect
in our criminal law. People of good sense appeared panic-stricken, by
this new danger, from venturing into the London streets; and called
upon the legislature to discover some preservative against the attacks
of insane passengers in public thoroughfares."[7] Indignation was
loudly expressed in Parliament. In the House of Commons, an honourable
Irish baronet moved for leave to bring in a bill to abolish the plea
of insanity in cases of murder, except where it could be proved that
the person accused was publicly known and reputed to be a maniac; and
he asked the House to suspend the standing orders to accelerate the
progress of his bill. His motion, however, found no seconder. A similar
casualty had befallen Mr Windham, in 1800, who, in the course of a
debate which ensued in bringing in a bill to meet such cases as that
of Hadfield, (who had just been acquitted, on the ground of insanity,
from the charge of firing at George III.,) suggested that an offender,
_even if insane_, should be subjected to some sort of punishment,
for the sake of example! On the same evening in which the attempt
of Sir Valentine Blake was made in the House of Commons, the matter
was discussed anxiously in the House of Lords, by Lords Lyndhurst,
Brougham, Cottenham, Campbell, and Denman. Lord Campbell expressed
the general feeling of the House, when he said--"There may be great
difficulty in convicting persons who are not in a state of mind to
be responsible for their actions; but it is monstrous to think that
society should be exposed to the dreadful dangers to which it is at
present liable, from persons in that state of mind going at large."[8]
At length, on the suggestion of the Lord Chancellor, (Lord Lyndhurst,)
it was agreed that the judges should be called upon to declare the true
state of the criminal law on this momentous subject; and five questions
were carefully framed for that purpose, and submitted to them for grave
consideration. The following are these questions and answers--both of
which, as containing a solemn and authoritative enunciation of the law
of the land, we shall present to our readers, whom we request to give
them a careful perusal, before proceeding to read what we have to offer
on the two trials above alluded to. We are the more anxious that they
should do so, because of the recent very remarkable case of Pate, who
struck her Majesty with a cane last summer; and whose case was dealt
with in strict conformity with the rules which follow:--
Public-domain text, read in full here on John Shaqi.
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