t of the empire was boldly encountered at
its highest point of development by the energy of the common law of the
land, as administered in the ordinary courts of justice. That law,
itself certainly intricate and involved, had to deal with facts of
almost unprecedented complication and difficulty; but after a long and
desperate struggle, the law triumphed over every obstacle that could be
opposed to it by tortuous and pertinacious ingenuity: the case was
correctly charged before the jury; most clearly established in evidence,
so as to satisfy not them only, but all mankind; the jury returned a
just verdict of guilty against all the parties charged--the court passed
judgment in conformity with that verdict, awarding to the offenders a
serious but temperate measure of punishment--imprisonment, fine, and
security for good behaviour. The sentence was instantly carried into
effect--
"And Justice said--I'm satisfied."
But, behold! a last desperate throw of the dice from the prison-house--a
speculative and desponding appeal to the proverbial uncertainty of the
law; and, to the unspeakable amazement and disgust of the country, an
alleged technical slip in the conduct of the proceedings, not touching
or even approaching, the established MERITS of the case either in fact
or law, has been held, by the highest tribunal in the land, sufficient
to nullify the whole which had been done, and to restore to liberty the
dangerous delinquents, reveling in misrepresentation and falsehood
concerning the grounds of their escape on punishment--in their delirium
of delight and triumph, even threatening an IMPEACHMENT against the
officers of the crown, against even the judges of the land, for the part
they have borne in these reversed proceedings!
Making all due allowance for these extravagant fooleries, it is obvious
that the event which has given rise to them is one calculated to excite
profound concern, and very great _curiosity_. The most sober and
thoughtful observers are conscious of feeling lively indignation at the
spectacle of justice defeated by a technical objection; and public
attention has been attracted to certain topics of the very highest
importance and delicacy, arising out of this grievous miscarriage. They
are all involved in the discussion of the question placed at the head of
this article; and to that discussion we propose to address ourselves in
spirit of calmness, freedom, and candour. We have paid close attention
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