The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-16


DON the Aygus, the rsc, nized mou.hpisce a. Ar
Chsrlts Hos6sm, WAS the oply exception, 1000.
cd general amnesty for political pur- o.ss. an the
ground that however mistaken and oriminsi nav
have been the pJS;ss1Dsi o. oe pep. . Ballard
Whatever cTimnstty they IA b en- guilty. OF, had
been more than eZpiated BY the carnage
before which 80 T4ny Of their pvubs1 nsd
f 70 The "sgsdesty" was yet more strong.
moment Of great pubic exc isement, consented to
the appointment Of comm ssion to inquire iaso the
causes Of the prevailing disshsction on the gold
felcs; ard as an inducemeLt to mon who enjoyed
the public confidence to under AXE this responsible
service, pledged himself uncondittonally to carry
ont whatever re- concentrations they might urge.
The Commission viaiH the scene OF the recent out
byesk. The took evidence AZ to the l0cal admins
ation Of justice, snd ~ TO the exciting causes Of
the political 6iscousent Which had bac0me the nor
NAL condition Of every miLiog community, and
which ~ ecsl circumstances had, in the one dePlo.
Isble Instance, aggravated into positive armed resis
tsIce. Aud euch was the Impression made on the
minds OF these gent emSp, by ire tale OF wrongs to
which they listened, that their frat act on t1er re-
State prisoners his Exoelency as an act Of sound
policy snd Of political JUSTICE The advice was re.
jected, the edge was broken, an6 In spite of eve
~ renoDsnsnce, the survivors Of the Eureka were
These trials, which are destined TO hold prom
EeDt place in The political history Of the colony,
Commences d, efter reps ated postpoDenen's, on the
22d Of February. Several technical points RAISED by
the pfifcpers counsel were decidet against tnen.
lives determined that they should escn demand Q
separate trial. At length, the charge against
JOSEF man of color, vas proceeded with. Bat,
for tfe persecution, the whole case for the Cr,wn
was o. eIed. Witness after witness was called 70
prove the existence Of conspiracy sgaicst the
Queen, and wicked design to fubvert tue throne.
II vse prove thar Joseph ant his fellow prisoners
had att nded meetings. at which str ing resolutions
ma kN An N
resist the license tax, and at which ll0eDsos we're
burTeo; that tbey had been dillsd in military COM
paDses; and thst they were found IN arms witaia
st0ckace or fertilization, from which shots were
fired upon the soldiery and the co1stabulary. Ye.,
In the ia Of this evidence, and Of the most deermi
red Efforts of the Attorney Gene, al to se ure c,n-
victioB, jury Of twelve citizens unhesitatngly re-
TUNED . verdict OF not guilty" and Joseph was
released smid the cheers Of . crowded court, ard
received with triumph by the pupulace with ,ut.
This trial occupied the whole Of Thursday and Fri
before second jury. This was Manning, person
Of education, connected with the local press Bal
larst. The evidence that connected him Wit the
facts we have mentioned above was distinct and in
case in Q speech Of remarkable power. But the
jury again found verdict Of acqnittal. And the
public expression Of triumph was renewed.
Let NOT oar English readers re scandalized BY
these things TOE hastily conclude that Melbourne
jures are men unmindtnl Of the solemn obligations
OF On CathDor that Melbourne citizens are disposed
to revel in disorder aud rejoice in my defeat Of
eIy reverse Of hi. IN ss and in
city it is general topic Of coDgrstustioa,
that two juries have boon found with sufficient
discIinir atitn and indepeI depce OF judgment TO
discern between the real merits Of the case they bad
to try, al legal tecanicalites with which 1t was
complicated, and that the publ bave recognized
and sanctioned that distinl ton. These msn were
undoubtedly put upon their sial on tsise issue ne
Queen, and every person of common sense In the
jury box ard in the court knew that no sentiment Of
hostility to the Queen was ever presented to their
Tho grave and formal document in which they we're
snaigred, charged them with levsing war F"
against the authority Of the Queen and seeking to
tubvs.st her En- nassstys throne Ito dspfse ana
nation, Of and from the style. honor, and kingly
Dsne OF the imperial crown"
tt ere 10 net . sane person in the colony who en-
tertsns the slightest suspicion that these state pr
toners ever for q moment "compassed, imagined,
devised or intended anything Of the kind.
The existence OF such . design
the prosecution hitherto has . utterly failed -. to
trials To show that the Offer CO committed in the
Eorks tteckade originated in or psr,ook of the
esserce of treason. II was demonstra ion ag 2tust
the policy of Mr.. John Foster and Sir Charles Hot
bsm--an sImed resistance 10 al obnoxious tax,
and to q meddlescne and tyranni al constsbular y.
- We think II Is q matter OF just public con-
graduation that the jury in these cases had the
the matter submitted to them in the light Of fact
rather than of techpicslity; that they considered
the question Of the prisoners guilt not by the rules
furnished them BY the pleading Of the Attorney
General, or the summing up Of the Judge, but by
the fjmple dictates Of common sense.
There can be no doubt, however. that the yer i,ct
OF "not guilty" twice repeaAd, must be regarded
% DO werful check TO the administration, and an
expii'it and fornI condemnation Of the policy BY
which the recent painful events we're precipisated
The govern ment have refused to accept 1t a. final
decision Of the merits of the case as between them
selves end the insurgents, and In violation of the
spirit at all events, OF tho habeas corpus act have
again postponed the trial Of the remaining prison
ere, and thus protracted for further periof the
punis ment Of lmp' isopment for an o.nce Of which
they bsye not yet been found guilty. This course lie
svoWed by the Attorney General TO have bean re
sorted TO in consequence OF his despairipg t, obtain
verdict OF guilty from the panels out Of which shs
lelected. A hundred nd eighty re outabIe citizens
have thus been grossly insultd by tbs first law OFF,
Ger Of the colony, and virtually declared to be IN
worthy OF being believed on their oaths And this
for no reason but that y ey have refused to be bu
lied or csjcled into sub@rviency to the executive
authorities. A new panel Is summoned, and tbs
remaining trials are fixed to come OF on the l9;h
inst.
A recent contested ee ton for scat in the L.
gsstive Council has sf rde1 gratifying evidence Of
the growth Of political vitslny, such the colouy
hiss too seldom Of late exhibited. We 81
Jude TO t,is election and the vigor wsh which it
throughout conducted, as sligo that We are ct las.
avail eni, rom the apathy that has 30 long para
USED our polit,a lise and vindcaiing our fitness
for those great privileges of Acknowledgement which
the Lew constitution will some time ether confer
upon Of. When we sre TO expect thu. boon fson
the COL descersion or the leisure Of Her Majesty's
ministers We can a. present only conf 5tufe In this
remote colony, We nd 1t Diff ult to understand tue
csuses OF that delay, that month by non.n weaken,
our attachment to the imperial connection, IL IL
IL not rapidly engepdering q feeling OF deep
resentment. Why-the question Is beginning
10 be asked with much bitterness-shouId measu -e,
on which so many expectations and SO many hopes
are fxed-s measure to which, rightly or wrongly,
the colory looks as the giest guarantee Of it's l0er
ties, and the foundation Of It's future fortunes
quietly shelved, IS II it was merely bill for rega