often find it impossible to agree, and which may therefore
be reasonably supposed to be sufficiently perplexing
to the rest of the world. State offences, such
as treason and sedition, which are of comparatively
rare occurrence, present many questions of greater
intricacy than any other class of crimes. In
treason especially, a well-founded jealousy of the
power and prerogatives of the crown has intrenched
the subject behind a line of outposts, in the shape
of forms and preliminary proceedings; the accused,
for his greater security against a power which, if
unwatched, might become arbitrary and oppressive,
has been invested with rights which must be respected
and complied with, and by the neglect of which the
whole proceedings are rendered null and void.
At this moment, in all treasons, except attempts upon
the person of the sovereign, “the prisoner,”
in the language of Lord Erskine, “is covered
all over with the armour of the law;” and there
must be twice the amount of evidence which would be
legally competent to establish his guilt in a criminal
prosecution for any other offence, even by the meanest
and most helpless of mankind. Sedition is a head
of crime of a somewhat vague and indeterminate character,
and, in many cases, it may he extremely difficult,
even for an acute and practised lawyer, to decide whether
the circumstances amount to sedition. Mr East,
in his pleas of the crown, says, that “sedition
is understood in a more general sense than treason,
and extends to other offences, not capital, of a like
tendency, but without any actual design against the
king in contemplation, such as contempts of the king
and his government, riotous assemblings for political
purposes, and the like; and in general all contemptuous,
indecent, or malicious observations upon his person
and government, whether by writing or speaking, or
by tokens, calculated to lessen him in the esteem
of his subjects, or weaken his government, or raise
jealousies of him amongst the people, will fall under
the notion of seditious acts.” An offence
which admits of so little precision in the terms in
which it is defined, depending often upon the meaning
to be attached to words, the real import of which is
varied by the tone or gesture of the speaker, by the
words which precede, and by those which follow, depending
also upon the different ideas which men attach to
the same words, evidently rests on very different
grounds from those cases, where actual crimes have
been perpetrated and deeds committed, which leave
numerous traces behind, and which may be proved by
the permanent results of which they have been the
cause. Technical difficulties without number also
exist: the most literal accuracy, which is indispensable—the
artful inuendoes, the artistical averments, which
are necessary, correctly to shape the charge ere it
is submitted to the grand jury, may be well conceived
to involve many niceties and refinements, on which
the case may easily be wrecked. It must also
be remembered that the utmost legal ingenuity is called