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
If a person was aware that it was a wrong act he was
about to commit, he was answerable for the consequences. _A man might
say that he picked a pocket from some incontrollable impulse; and in
that case the law would have an incontrollable impulse to punish him
for it!_" Another acute and eminent judge, Baron Rolfe, on a recent
occasion, in trying a boy aged twelve years, for deliberately and
cunningly poisoning his aged grandfather, thus gravely dispelled this
favourite delusion of the medical jurists.--"The witnesses called for
the defence had described the prisoner as acting from 'uncontrollable
impulse.' In my opinion, such evidence ought to be scanned by juries
with very great jealousy and suspicion, _because it may tend to the
perfect justification of every crime that may be committed_. What is
the meaning of not being able to resist moral influence? Every crime
is committed under an influence of such a description, and the object
of the law is to compel persons to control these influences. If it be
made an excuse for a person who has committed a crime, that he has
been goaded to it by some impulse, which medical men may choose to
say he could _not_ control, I must observe, that such a doctrine is
fraught with very great danger to society." This stern and sound good
sense prevailed; and the youthful murderer was convicted. We have
been thus full and distinct in explaining the wholesome doctrine of
our English law, because of its immense importance; and we desire it
to be understood, far and wide, especially by the medical profession,
that these fashionable but dangerous modern paradoxes, borrowed from
Continental physicians, concerning _the co-existence of moral insanity_
with intellectual sanity, will not be tolerated in English courts of
justice.
Let us now proceed to deal with the two remarkable cases of Oxford and
M'Naughten--the former of whom was placed at the bar of the Old Bailey
four days after the execution of Courvoisier.
It is unspeakably painful, and humiliating, and disgusting, to reflect
that our Queen, who has always shown a disposition to intrust herself
unreservedly among her subjects, should have been subjected to no
fewer than five public outrages--the last of which inflicted actual
injury on the royal person,--that of a lady, a young queen, ascending
the throne of this mighty empire at the age of eighteen!--outrages
in every instance perpetrated by despicable beings of the male sex,
properly characterised by Mr Townsend as "crazed knaves, or imbecile
monomaniacs." First came, on the 10th June 1840, Edward Oxford, aged
nineteen; then, on the 30th May 1842, John Francis, aged twenty; then,
on the 3d July 1842, John William Bean, a deformed stripling aged
seventeen; then, on the 19th May 1849, William Hamilton; finally--God
grant that the degraded series may never be increased!--on the 27th
June 1850, Robert Pate--alas! a gentleman of birth and fortune, and who
had recently borne her Majesty's commission!
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account