a matter of great and
universal concernment. For no rank, no elevation in life, and, let me
add, no conduct, how circumspect soever, ought to tempt a reasonable
man to conclude that these enquiries do not, nor possibly can, concern
him. A moment's cool reflection on the utter instability of human
affairs, and the numberless unforeseen events which a day may bring
forth, will be sufficient to guard any man, conscious of his own
infirmities, against a delusion of this kind."
Let us suppose the minister of the day, having before been made aware
that, in a portion of the kingdom, a state of things existed that
demanded his utmost vigilance and attention, to have ascertained the
reality of the apparent danger, and to have procured accurate
information as to the real character of the proceedings, and to find
that acts apparently treasonable or seditious, as the case may be, had
been committed. Suppose him, charged with the safety of the state, and
responsible for the peace, order, and well-being of the community, to
set the constitutional process of the law in motion against the
offending individuals; his first step, under such circumstances, must
be to procure full and satisfactory evidence of the facts as they
really exist. For this purpose agents must he employed, necessarily in
secret, or the very end and object of their mission would be
frustrated, to collect and gather information from every authentic
source, and to watch, with their own eyes the proceedings which have
attracted attention. This is a work of time, perhaps; but suppose that
it is complete, and that the minister having before him in evidence,
true and unmistakable, a complete case of crime to lay before a jury,
what, under these circumstances, is the first step to be taken by the
crown? Either of two distinct modes of procedure may be chosen; the
one mode is by an _ex officio_ information, the other is by
indictment. An indictment is the mode by which all treasons and
felonies must be proceeded against, and by which ordinary
misdemeanours are usually brought to punishment. An _ex officio_
information is an information at the suit of the sovereign, filed by
the Attorney-General, as by virtue of his office, without applying to
the court where filed for leave, and without giving the defendant any
opportunity of showing cause why it should not be filed. The principal
difference between this form of procedure and that by indictment,
consists in the manner in
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