The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-24

attacks upon all first principle, IN the English
courts. 1t is true that the law of the empire sup
presses every spark of freedom, and even the
hore much less OF the exercise, Of the invaluable
right TO better condition so that the accused
were generally punishable but, then, in many of
the the proofs deficient and, in all, the
conduct of the judges Las been inconceivably
tratiious to the cause Of humanity and progress
AS to the juries they have brought their institution
as mode of inqulring into political offences, into
utter contempt. And the press has displayed all
its unworihiness the aristocratlc portion, by con-
cealng and garbhns the reports OF cases, and by
nourishing and stimulating the worst and most
malignant passions. In this deadly conflict of
despotism and liberty, also, the so-caled radical
/; papers have ignorantly and basely betrayed the
cause OF the people,, and bound in withes the
mbs of retoIm. OF the counsel for the defend
ants-Alen, Parry, Wilkins, Mcnamara, and the
otheTs-I desire to speak Indy and respectfully
One must stand in their unavorabe position, to re-
allze its difficulty, Brought up under system,
which utterly shocks common sense, by compelling
them not only TO deferto, but to be dumbat the com
mand of any fungus whom politics has promoted to
the coveted honors of Judicial wig and gown;
by that public which a alone holds any
arstocras and middle classes; the counsel are
struggling against wind and tide: But that should
be the element Of lawyers, and is the element OF
the full-hedged and vigorous bar OF America.
Here, it is Otherwise; a barristerls courtler He
lower; and he, in measure, regards
himself as pillar of The throne itself. How can
he advocate the cause OF an obscure mechanic or
aborer, with in the result, or honor to his
professional fame :? 1t Is expecting the clipped
eagle to dash at his accustomed flight into the
teeth of the storm, rather tasking the wings OF
the barn-yard to companionship with the tempest.
And yet must blame these gentlemen, for not
actually knowing anything of the state of the
| British law of sedItion. They cannot have known
anvth aho n or hat would haVe
appeared In their speeches. The public, for whom
only those speeches were delivered and printed,
| against foregone conclusions adverse to their
clients, might have shrunk from the actual cautery
| of the truth. How could any man Except such
creatures as edit the Tines confront his fellow
moral, much less afront heaven, and talk of Bril-
tsh liberty, after the through exposition of that
cursed and wretch-begOttsn law which includes
everybody, and condemns everything In the shape
OF an appeal against abuses to the understandings
| OF men. This examination and development OF
the law should have been historical and exhaustlnt.
Every outrage should have been traced to Its hiding
place ofan origin, and explained denounced and ex-
ecrated and lest victim should have been yield
ed up to the violated letter of this than ORA
CONAN cede, without shower of missiles from the
qulvers Of argument rldIcule, scorn, contempt,
and indignation. More than this; the annals OF
Eneland's greatest periods should have been ran
sacked for examplesof patriotism, when the rights
| of man had spumed tyranny with triumph, and
brough. to the heads and hearts Of Engllshmen,
the only existing PARTICLES OF political !.tiePsn-
asne., The career OF EEampden Sidney and Crom-
well yes even CromweLhe opinions an Of Of LOCKE hss
presented to show how neri.orious 1t was to OPP
pose and PROSTATE the det"staSle wrongs which can
only be abaed by the sword, If not CScnSsea ao of
| united and redressed And while the treas,.e res oi
logic, reasoning from induction and analogy, were
made tributary, rhetoric should have srlven for Its
appropriate mastery of the human heart Butvery
family were any OF the awful tones OF such expos
tulation heard in the halls of the Old Bailey, where
| thew have. DerhaDS. never only been drowned.
because scarcely uttered While there was so
much to do. which was omitted, there was thing
| frequently reiterated, which was objectionable.
That was the stereotype complaint to the Judge and
the jury. Every counsel for the defence must talk
of that. Surely, man is not only the slave OF ha-
bit, but its dupe, or such bSotless hypocr,s1es
| fooled by Its own folly? The compliment was, OF
couse, entirely understood, and had no good ef-
feet; but more, it demoralzed the defence, espe;
cally in Europe and America, where these "honicd
concentrations of judges, and the mutual courteses
of the bar and bench, supposed to be lndlsputa.
BILE testimony of fair trial: 70 a spectator and
| philosopher, untruth can be more disgusting
Further, and less excusable still than this, was the
repetition of the falsehoOd, by the Attorney Gene
rail- and its faithful echo by the prisoners counsel,
that was lawful to discuss repeal and the charter,
| and that the law of England tolerated freedom OF
| opinion and discussion. | must attribute some OF
this inexplicable lying to craft on the side of the
government, while the largest portion OF 1t is, no
doubt, utter ignorance but am COMPOUNDED by
the course of the opposite side. Have these legal
gentlemen ever read the statistics which 1 have
referred TO-? Nay, further: have they any con-
c,eption OF their existence! i So, how can
| they explain their conduct to their vigilant and
able contemporaries in America how exculpate
themselves at the tribunal of an impartial poserty!
| From long experience In courts OF justice. can
| select no parallel where important interests were
at stake. 1t is recklessness, which would appear
to amount to tIeachery, 1t not for the peculiar
| disadvantage under which counsel came forward
in sediton cases. At such times, all the one-slded
| ria Of he min tam
| in contrast to the well proportioned faculties OF
other men. Incessant and practsed drilling and
| submission have trained willing set OF instincts
towards power, and away from right. Hence, IN
fotlfying usurpaton, nothing be stronger, but,
in defending Its victims, nothing can be weaker
than the lawyer. And his preparation will not
make up for this defective developement, but
serves only to increase its disproportlon. When
prerogatlve is to be assisted TO new plumber, the
legal adviser Grams himself with precedents,
analoges, deductions, and fallacles but when
the fate OF the innocent depends, he comes with
empty head and reluctant step, and pleads against,
or simply deprecates the wrong, with downcast
eyes and falterng voice. Perhaps he may be fresh
from history, where closet scholars have embalmed
with pious hands the blessed memories of saint
and martyr; then he speaks with monetary
passion and effect But under all changes Of CIR
cumstances, the vital parts of te clients interests
are unshelded, and the vital part OF his oppressor
IS evaded The point is never thrust there far
less is the point driven to the ht.
These State trials Of lS4S, spite OF all conceal
ment or explanation, will not present anything To
commend for Iinparta! eyes Even the counsel
for the accused will share in the sweeping anathema
OF the record. DO not care to screen any OF the
o.-''nquents, unless !; De Sergeant Wilkins whose
conduct a. .he trial Of ODone, in Liverpool
not dscreditabe, except that he only a;d not lack
spirit, while he sadly wanted the indispensable
legal information. twas fortunate for him., pro-
baby, that the venue was the most American city
In all England, so that he may have caught q
breath of the republican spirit but IT was unfor-
tunate on another account, being the nearest
point upon the great International route to Anne
rca, and, hence, most exposed to transatlantic
observation.
AS to the person John Jervis) who fills the post
of public prosecutor, by virtue OF his office of At
torney General, he Is only a fair sample of all the