The judges have given their decision upon the two points raised for the Newport prisoners,[21] and their fate now rests with the Government. They decided, by a majority of nine to six, that the objection was valid, and by nine to six that it was not taken in time. Upon such accidents do the lives of men depend. It is well known that the law can have no certainty, because so much must always be left to the discretion of those who administer it; but such striking illustrations of its uncertainty, and of the extent to which the chapter of accidents is concerned in it, seldom occur, and make one shudder when they do.[22] No doubt, however, is cast over the guilt of the men, and the Government may very properly leave them to their fate, if they are not afraid of shocking public opinion by doing so. The world at large does not distinguish accurately or reason justly, swallows facts in gross, and jumps to conclusions. Many will say it is hard to put men to death when the judges are nearly equally divided on their case, the majority admitting that the law would save them if it had been urged soon enough in their favour. It rather seems to turn the tables on the prosecution; and whereas the prisoners are availing themselves of a mere quibble, of a technical objection, strained to its extremest point, the effect may be that of exhibiting the Government as availing itself of the technicality in point of time to overthrow the more important legal objection. The case appears to have been very ably argued, especially by Kelly. [21] [The ringleaders in the Newport riots were convicted and might have been hanged; but two technical objections to the sentence having been taken, though not allowed by the judges, the Government remitted the capital sentence. They had a narrow escape.] [22] Parke said, that if the objection had been decided on the spot they would have escaped, as he and Williams were for it, while the Chief Justice was against it. January 30th, 1840 {p.260} The great debate in the House of Commons has now lasted two nights,[23] without being very interesting. Sir George Grey made a brisk, dashing speech quite at the beginning, which was very effective, but when read, disappoints, as there does not seem a great deal in it. Last night Macaulay failed. He delivered an essay, not without merit, but inapplicable, and not the sort of thing that is wanted in such a debate. He had said he should not be of use to them, and he appears to have judged correctly. The Tories affected to treat his speech with contempt, and to talk and laugh, which was a rudeness worthy of the noisy and ignorant knot that constitutes the tail of that party. Howick attacked everybody all round, and explained his own motive for leaving office, not alluding to the Secretary of State's office; and Graham made one of his usual speeches.