is recorded, _was received by the auditory with a general expression of
pleasure_. The Court after animadverting in strong terms on the
_abominable_ offence of which the prisoner had been found guilty, said
they were determined that he should not have an opportunity of pursuing
his _odious_ trade in this country, at least for some years, and
_therefore_ sentenced him to be transported for seven years. The account
of this case is taken from the report of the trial contained in the
Globe and Traveller newspaper of Jan. 20, 1824; a paper honorably
distinguished for its endeavours to enlighten the public mind on this
subject, not to foster its prejudices.
In this case there was no sufficient evidence to convict the prisoner of
the alleged offence: even if that evidence had been perfectly
satisfactory, the punishment inflicted was unjust: the circumstance
essential to constitute the felony did not exist: the Chairman, with an
ignorant and vulgar mind, stretched the law to gratify ignorant and
vulgar prejudice: he relied upon the public feeling for protection in
the illegal exertion of his power: he administered the law badly: he
endeavoured to justify his conduct by loading the prisoner with odious
epithets, and he did not miscalculate the feeling of his auditory: they
witnessed the transaction “with a general feeling of pleasure.” This
case exhibits but too faithfully, the spirit often displayed both by the
magistracy and the people.
Half a century ago there was in Scotland no difficulty in obtaining the
subjects which were necessary to supply the schools of anatomy. The
consequence was, that medicine and surgery suddenly assumed new
life--started from the torpor in which they had been spell-bound--and
made an immediate, and rapid, and brilliant progress. The new seminaries
constantly sent into the world men of the most splendid abilities, at
once demonstrating the excellence of the schools in which they were
educated, and rendering them illustrious. Pupils flocked to them from
all quarters of the globe, and they essentially contributed to that
advancement of science which the present age has witnessed. In the 19th
century the good people of Scotland, that intelligent, that cool and
calculating, that most reasonable and thinking people, have thought
proper to return to the worst feeling and the worst conduct of the
darkest periods of antiquity. There is at present no offence whatever
which seems to have such power to heat and to exalt into a kind of
torrent the blood which usually flows so calmly and sluggishly in the
veins of a Scotchman. The people of 1823 (to compare great things with
small) emulate the spirit of those of their forefathers who “_were out
in the forty-five_;” the object, to be sure, is somewhat different, but
it is amusing to see the intensity and seriousness of the excitement.
About twelve months ago an honest farmer of the name of Scott, who
resides at Linlithgow, apprehended a poor wight who was pursuing his
Public-domain text, read in full here on John Shaqi.
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