they should convey the expression of their
doubts upon this point to the Government, so that the difficulty
might be rectified; but they agreed that their duty was to try
the cause, and not to interfere in any way whatever, and they
accordingly held their peace. It was in the power of the
Attorney-General to postpone the trial for ten days, which would
have removed every difficulty and objection, but he was so
certain that the objection could not be maintained, that he would
not do so, and chose to run the risk, unwisely, as it has turned
out. The trial came on, and the counsel for the prisoners,
instead of urging the objection _in limine_, suffered them to
plead; whereas, if they had refused to plead, they would have
escaped altogether.[24] The trial proceeded; they were found
guilty, and recommended to mercy, but the Chief Justice never
asked the jury upon what grounds, leaving it doubtful whether the
jury thought that there were any extenuating circumstances, or
whether they were actuated by terror, or mere repugnance to the
infliction of capital punishment. It was probably the great
importance of the case, and the fact of the Chief of the
Commission being against the objection, which induced the other
two who were in its favour to agree to refer it to the other
judges; for if it had been settled on the spot the trials would
have ended at once. Moreover it was believed that the judges
thought very lightly of the objection, and Brougham told me they
were _unanimous_, so ill-informed was he of their real opinions.

[24] This is not so. If they had raised the objection before
the prisoners pleaded, the Attorney-General could have
put the trial off, and of course if the judges thought
the objection valid, he would have done so.

[Page Head: THE PRECEDENCE OF PRINCE ALBERT.]

Yesterday morning I met Lord FitzGerald, when we walked together,
and I begged him to find some expedient for settling _a
l'amiable_ the question of Precedence, so as to pacify the Queen
if possible, who was much excited about it. He spoke very
despondingly of the general state of affairs, but said that he
was as anxious as anybody to avoid unpleasant discussions upon
it, and to satisfy her if possible, but that the House of Lords
were running breast high upon it. I begged him to see the Duke of
Wellington, to tell him what her feeling was, and entreat him to
take measures to settle it quietly. He said he woul