Poetry of the Anti-Jacobin: Comprising the Celebrated Political and Satirical Poems, of the Rt. Hons. G. Canning, John Hookham Frere, W. Pitt, the Marquis Wellesley, G. Ellis, W. Gifford, the Earl of Carlisle, and Others.
History
Poetry of the Anti-Jacobin: Comprising the Celebrated Political and Satirical Poems, of the Rt. Hons. G. Canning, John Hookham Frere, W. Pitt, the Marquis Wellesley, G. Ellis, W. Gifford, the Earl of Carlisle, and Others.
English poetry; France -- History -- Revolution, 1789-1799 -- Poetry; Great Britain -- Politics and government -- 1789-1820
On the Scottish “political martyrs” Lord Cockburn, in his posthumous
_Examination of the Trials for Sedition in Scotland_, published in
1888, which deals with the twenty-five trials of the above-named
five and of thirty-two others, between 1793 and 1849, passes his
deliberate verdict, that, with the exception of Muir, not one of
them was guiltless. But, like ordinary criminals, they were entitled
to a fair and impartial trial; and their trials were, one and all,
iniquitous. Of the six judges who presided in the first fourteen
(1793–94), five were dull, timid nonentities; the sixth, Lord
Justice Clerk Braxfield, was, says Lord Cockburn, “a profound
practical lawyer, and a powerful man; coarse and illiterate ...
utterly devoid of judicial decorum, and though pure in the
administration of civil justice, when he was exposed to no
temptation, with no other conception of principle in any political
case except that the upholding of his party was a duty attaching to
his position. Over the five weak men who sat beside him, this coarse
and dexterous ruffian predominated as he chose.” But Jedburgh—no,
nor the Bloody Assize itself—could scarcely match one scene in
Gerrald’s trial:—“‘After all,’ he was urging in his defence, ‘the
most useful discoveries in philosophy, the most important changes in
the moral history of man, have been innovations. The Revolution was
an innovation, Christianity itself was an innovation.’ Instantly
upon this, the following interruption took place:—Lord Braxfield:
‘You would have been stopped long before this, if you had not been a
stranger. All that you have been saying is sedition. And now, my
Lords, he is attacking Christianity.’ Lord Henderland: ‘I allow him
all the benefit of his defence. But ... I cannot sit here as a judge
without saying that it is a most indecent defence....’ The juries
were packed as never, surely, before, or afterwards.”
With such judges, such juries, and, at least, in two cases, false
witnesses, it might seem easy to anticipate the result; but the
result transcends anticipation. In almost every case a light
sentence would have amply met the requirements of justice; but the
judges all shared Lord Swinton’s opinion that “it is impossible to
punish Sedition adequately, now that torture has been abolished”. So
they strove to supply the deficiency by Transportation, a punishment
unwarranted by precedent.
With respect to Margarot’s trial at Edinburgh, the following is a
vivid memory of Lord Cockburn’s boyhood:—
Public-domain text, read in full here on John Shaqi.
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