subject, may, unconsciously to themselves, demand more
stringent proof, in cases where the sovereign power
appears before then as the party; and more especially,
when the offence is of an impersonal nature, and where
the theory of the constitution, rather than the person
or property of individuals, is the object of aggression.
In the olden time such was the power of the crown,
that, whenever the arm of the state was uplifted,
the blow fell with unerring accuracy and precision;
but now, when each object of a state prosecution is
a sort of modern Briareus, the blow must be dealt with
consummate skill, or it will fail to strike where it
was meant to fall. On this account, perhaps,
in addition to then own intrinsic paramount importance,
the proceedings now pending in Ireland, have become
the object of universal and absorbing interest throughout
the whole of the United Kingdom. Under these
circumstances it has occurred to us, that a popular
and accurate review of the several stages of a criminal
prosecution, by which the general reader will be able,
in some degree, to understand the several steps of
that proceeding which is now pending, might not be
unacceptable or uninstructive at the present moment.
It must, however, be observed, that it is scarcely
possible to divest a subject so technical in it very
nature from those terms of art which, however familiar
they may be to many of our readers, cannot be understood
by all without some explanation, which we shall endeavour
to supply as we proceed.
The general importance of information of this nature
has been well summed up by a great master of criminal
law. “The learning touching these subjects,”
says Sir Michael Foster, “is 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,