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witnesses' as Pat Nangle , who , it is sworn , had threatened to " pinch" Kirwan , and Mrs . Campbell , whose morality teaches her to lie whenever she does not " kiss the book . " We pass on to another quotation ; Our contemporary is engaged in vindicating the jury . Let it be observed that the vindication leaves us rather in doubt as to the "impartiality" of the judge . " Nothing has been so freely remarked upon , we may add so foully misstated , as the fact of the last question put to the iudere , and the answer elicited .
That answer , represented as highly favourable to the accused , has been with great eclat put in contrast with the verdict handed in immediately after , arid with the hopelessness of any agreement expressed immediately before . But the truth was that the question had exclusive reference to what had been sworn by one of the prisoner ' s medical witnesses , and that the judge in his reply took care to add this very significant and emphatic remark— ' This testimony , gentlemen , you will observe , altogether excludes the other circumstances of the case , and you will remember too that neither of these gentlemen had seen the " body' "
True , the question had " exclusive reference " to the medical testimony ; but how came it that " the upright and learned magistrate ' s" reply had not an equally exclusive reference to that point ? ijo our minds there is a difficulty in reconciling the notion of Mr . Justice Crampton's impartiality with this , his very uncalled-for and very improper , but , we admit , " very significant and emphatic remark . " It may well be said that the witnesses in Kirwan's favour have been heard against the judges who tried him ; but we must be permitted to regret that one of the iudsres in question had not lost
his taste for mere advocacy before he rose to the Bench , and that they did not both see that the danger to society from wresting the law , or from undue judicial " intermeddling" with juries , is greater than that arising even from adultery , or from the existence among a moral community of a notoriously vicious man . It surely should be patent to all civilized people by this time that the course of justice must be regulated by some sort of principles , and that , however apparentlyconvenient to deviate this once from established
rules , it is always wrong in the abstract , and a mistake in the long run , to discard , even under the most tempting circumstances , the princi- > pies which we reflectingly adopted , and by which , up to the moment of heat and trial , we were perfectly willing to be restrained . In this case , for instance , most men are perfectly ready to admit that there are few persons who could be better spared by society than the convict Kirwan : exactly on that account those who are wisest say that this is the time to assert the value of the law of
evidence , and to declare that no one , be their liking or disliking for his antecedents what it may , shall ever , if their protest can hinder it , be convicted in this country on the more proof of circumstances , not incompatible with his guilt , but perfectly compatible with his innocence . The question in the public mind has not been whether Kirwan was a Catholic or a Protestant—whether ho was a good husband or a bad one—but wheconclusive
ther the facts proved against him were that he committed a particular crime . The evidence , taken at its utmost worth , has been found to establish the possibility , not the fiict ; and that " portion of tho press" and of the public which has not " proclaimed war with mankind , " very properly puts a charitable construction on tho matter , gives tho accused tho benefit of tho doubt , and prefers tho presumption , in a case where wo can
have nothing beyond presumptions—of his innocence , to that of * his guilt . , " A new trial has been granted "—from what motive P— "to this man by tho x r 089 ; " it has been " blatant , " " loud-mouthed , " and " unscrupulous , " says our soft-spoken , mealy-mouthed , and scrupulous eritio , as ho approvingly quotes the juryman ' s accusations of " malignity anil falsehood , " and tells iib that we are damaging
tho administration of the law by insisting that it bo tho administration of justice . Well , well , it was hard that a papei- ^ which earned its chief lame by " intermeddliii £ ' * Hhould havo been robbed of its specialty at last . It is but fair to our contemporary to say , that wo believe if it had not boon anticipated , it would havo been by ( his time on our side , and that from no quarter would Mr . Justice Orampton and hi * model jury have had hanlor blown than from that where Uw-y now Jinrt ihoiv defender .
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- JAMr'Aft ? 22 , 1853 . ] THE LEADER . **
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THE FBENCH CRISIS AND ITS CONSEQUENCES . One chapter of Louis Napoleon ' s history is about to close . Proofs are crowding upon us , that two at least in his series of projects are drawing to an adverse end ; but We may be sure that the finish of one chapter must only preface the opening of another by a man who can write the history of his life in blood , upon the tablet of his native land . The refusal of Russia to recognise liim as a full Emperor is more than a mere insult : it shows not only that Russia does not consider him to have established himself amongst
Emperors , but also that Russia does not desire that he should remain permanently where he is , and reserves to herself the right of displacing him on opportunity . He exists on sufferance , only while he can maintain his ground by craft or force . Of course , such a position forces upon him the necessity of strengthening himself by collecting influence of any available kind , or by making his strength felt . His matrimonial projects have broken doWn before the face of the world , and he has been unable to ally himself even with the very minor families of royalty ; another proof that ' his position is thought to be insecure . His attempt , therefore , to rivet himself
into the Roval system of Europe has so far failed . into the Royal system of Europe has so far failed . The condition of the Government stocks on the Paris Bourse , and of Railway shares , is an indirect proof that another section of his schemes is coming to a disastrous close . Amongst Louis Napoleon's objects has been a quadruple financial project . First , a machinery for giving employment to the working classes . Secondly , supplies of cash to keep up his State , and furnish the means of his intrigues ; the magnificence of his State being in itself a political engine , and his intrigues being of that kind which we know to be enormously expensive . Thirdly , a plan to keep up in the b
the appearance of prosperity country , y maintaining the price of stocks and commercial credit generally , as a corroboration of the advantage and prosperity derived from the Imperial rule . And , fourthly , the foundation of a fund as a personal reserve , in case of accidents ; for your political adventurers are also careful to lay up stores where they can . Louis Philippe had such reserves both in Englarifl and America . Queen Christina is said to have been well prepared against casualties when her residence in Madrid was threatened . And it is understood in the City that Louis Napoleon already has used our capital as a savings' -bank , doubly safe to him ; for when he again visits London , which he may not
improbably do , it may be either to seize his deposit with other booty , or to draw it out in the usual way as a quiet resident in our peaceful metropolis . Perhaps this portion of his quadruple scheme has made the most progress towards success . Tho grand operations to keep up the price of stocks , and tho show of prosperity , have begun to break down ; and although the present decline on the Bourse may be checked , it can only be at the expense of efforts ultimately more ruinous . Funds will therefore begin to fail both for State and for patronage . The posting of a minister and courtier as a defaulter on the Bourse is but tho harbinger of the crash which is said already to havo set tho courtiers wrangling in
the palace . But on many previous occasions Louis Napoleon ' s position has appeared more desperate than it can be on the worst construction of the present signs . When he was arrested at Strasbourg ; when he was imprisoned for hia ridiculous sally on Boulogno ; even when ho was risking the desperate Hchemo of tho 2 nd of December , the chances of failure must havo been far more appalling . At tho worst construction of present
signs he remains in possession of the capital ol France , its capital , its garrisons , and a very largo amount of good will amongst its people ; and lie still has many schemes which might bo suicidal in their very nature , and might yet advance his own personal fortunes in the most direct manner , even if they did not leave him Emperor of Fraffcw , or Emporor of Europe , as his Uncle would fain have been . It is evident that lie has some great external scheme on foot . Ho is making his power
felt in toomany quartern not to have apurpose in it . Tho pamphlet and the speech which havo pointed to the frontiers of tho . Rhino , following his own theatrical show of crossing that river , have prepared tho public mind for fear and hope of an expedition in that quarter . He has established in tho heart of Turkey a feeling that lie
might aid the Sultan with money and support * while his pensioner , Abd-el-Kader , posted in the very centre of orthodox Asiatic Turkey , might be a formidable pretender to elevate as the leader of Islam , ally of his most Christian Majesty . In this country unquestionably there is enough of fe'dr , as there is enough of threat amongst Louis Napoleon ' s own retainers ; and the balance of precarations is already on his side , though arrears
have somewhat been made up on ours . Ou * forces are recruiting ; though we are convinced that no military authority would pronounce the reinforcements to be sufficient , and we might boldly challenge any denial of what we say . The appointment of men like General Sir Charles Napier and General Sir Harry Smith , both of whom have been emphatic in . declaring their sympathy and trust in the citizen soldier , to districts like that of Kent and Devonshire , facing
the continent , shows that vigilance has been awakened , and that there is sufficient zeal to select the proper men . But the papers this week contain a list of twenty line-of-battle ships , most of which are now building in France , and the others have recently been launched ; and besides this there are eighteen frigates of the first class and fifteen other vessels , in all fifty-three ; all of which are to be propelled by screw . Moreover , Cherbourg has just been appointed a port for the departure of a new line of steamers , connecting France with the West Indies and central America . This last project has in it the germs of something greater than a mere transatlantic line of steamers . Monsieur Granier de Cassagnac
likens it to those expeditions of the eleventh century , " when gentlemen of high birth and great courage went to make conquests of principalities in Italy , Sicily , Syria , and Greece . " He connects it with the Bank recently established in Guadaloupe , Martinique , and Bourbon , to support agriculture with an emigration of coolies into Martinique and Guadaloupe , and with a convict colonization of French Guiana to pioneer more extensive settlements . The banks , alone , would stamp this enterprise with the autograph of Louis Napoleon . It is to be remembered that the writer of this paper in the
Constitutionnel , was the writer of the article that preceded the coercion of Belgium , as the price of renewing the coal and iron tariffwith that country , and that his articles , on that occasion , were confessedly traced to the Emperor himself , then Prince President . Belgium has been coerced . Louis Napoleon ' s surprises have always had their premonitory signs , Avhich evidently form part or his plan of action , and wo may connect this West Indian expedition with the ofFer ascribed to him for a European guarantee of English territory in America as a means of uniting England to European absolutism , and of combating republicanism in its American stronghold .
But there is another interpretation of Louis Napoleon ' s premonitory signs . Ho has hitherto favoured tho world with what may he called surprise in a direct course : the coup d'Jtat was prepared by signs indicating a permanent presidency » nd n seizure of consolidated power at headquarters . Tho Empire , was prepared by tho writings and the pageantries of Louis Napoleon and his creatures ; the coercion of Belgium was prepared by articles directly insisting upon tho
necessity of her submission under pain ol losing the coal trades if not of invasion . At the present moment it will be observed that Louis Napoleon ' s signs point in many directions . Wo have not yet mentioned Spain , already the subject of tentative invasion on the frontier , andoH ' eringtohisuao ho opportunely the unjustly exiled General statesman , Narvaez . We have not mentioned ltaly and the rumours of a Vice-royalty . Should Austria and . Russia force Louis Napoleon into
the arms of European Revolution , Jus premonitory signs therefore now point their poisoned arrows at tho East ; at Italy ; at Spain ; at Belgium , already wounded ; at the Rhine , and at . America . Of course ho cannot mean to striko in all directions at once , lie cannot moan to cast Prance with centripetal force a ^ amat all quarters of the political globe , but fate seems to bo Jiastcning' hi « career to a new crisis , and it will bo necessary for him . to mako u now selection . There may be a reduplication of surprint * w \> on nurprise : as hie previous surprises have been in a direct courae , bia next surprise may be a double , and deceive thoso who are foolish enough to calculate hie action ** The " gentlemen of high birth « & 4 great oov ,
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Citation
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Leader (1850-1860), Jan. 22, 1853, page 83, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1970/page/11/
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