Great Britain -- History -- Victoria, 1837-1901; Queens -- Great Britain -- Biography; Victoria, Queen of Great Britain, 1819-1901
As the law stood, these assaults, futile as
they were, could be treated only as high treason; the discrepancy
between the actual deed and the tremendous penalties involved was
obviously grotesque; and it was, besides, clear that a jury, knowing
that a verdict of guilty implied a sentence of death, would tend to the
alternative course, and find the prisoner not guilty but insane--a
conclusion which, on the face of it, would have appeared to be the more
reasonable. In 1842, therefore, an Act was passed making any attempt
to hurt the Queen a misdemeanour, punishable by transportation for
seven years, or imprisonment, with or without hard labour, for a term
not exceeding three years--the misdemeanant, at the discretion of the
Court, {277} 'to be publicly or privately whipped, as often, and in
such manner and form, as the Court shall direct, not exceeding
thrice.'[6] The four subsequent attempts were all dealt with under
this new law; William Bean, in 1842, was sentenced to eighteen months'
imprisonment; William Hamilton, in 1849, was transported for seven
years; and, in 1850, the same sentence was passed upon Lieutenant
Robert Pate, who struck the Queen on the head with his cane in
Piccadilly. Pate, alone among these delinquents, was of mature years;
he had held a commission in the Army, dressed himself as a dandy, and
was, the Prince declared, 'manifestly deranged.'[7] In 1872 Arthur
O'Connor, a youth of seventeen, fired an unloaded pistol at the Queen
outside Buckingham Palace; he was immediately seized by John Brown, and
sentenced to one year's imprisonment and twenty strokes of the birch
rod. It was for his bravery upon this occasion that Brown was
presented with one of his gold medals. In all these cases the jury had
refused to allow the plea of insanity; but Roderick Maclean's attempt
in 1882 had a different issue. On this occasion the pistol was found
to have been loaded, and the public indignation, emphasised as it was
by Victoria's growing popularity, was particularly great. Either for
this or for some other reason the procedure of the last forty years was
abandoned, and Maclean was tried for high treason. The result was what
might have been expected: the jury brought in a verdict of 'not guilty,
but insane'; and the prisoner was sent to an asylum during Her
Majesty's pleasure.[8] Their verdict, however, produced a remarkable
consequence. Victoria, who doubtless carried in her mind {278} some
memory of Albert's disapproval of a similar verdict in the case of
Oxford, was very much annoyed. What did the jury mean, she asked, by
saying that Maclean was not guilty? It was perfectly clear that he was
guilty--she had seen him fire off the pistol herself. It was in vain
that Her Majesty's constitutional advisers reminded her of the
principle of English law which lays down that no man can be found
guilty of a crime unless he be proved to have had a criminal intention.
Victoria was quite unconvinced.
Public-domain text, read in full here on John Shaqi.
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