rest with the workmen who guide and superintend its
action? Are the principles of its construction
now no longer known or understood? Are they,
like those of the engines of the Syracusan philosopher,
lost in the lapse of time? Is the crown less
efficiently served than private individuals? and can
it be possible, it has even been demanded, that those
who are actively employed on these occasions have been
so long removed on the practice of what is often deemed
the simpler portion of the law, and so long employed
in the higher and more abstruse branches of the science,
that they have forgotten the practice of their youth,
and have lost the knowledge acquired in the commencement
of their professional career? Lesser criminals,
it is said, are every day convicted with ease and
expedition—how is it, therefore, that the
cobweb of the law holds fast the small ephemerae which
chance to stray across its filmy mesh, but that the
gaudy insect of larger form and greater strength so
often breaks through, his flight perhaps arrested
for a moment, as he feels the insidious toil fold close
about him? It is, however, only for a moment;
one mighty effort breaks his bonds—he is
free—and flies off in triumph and derision,
trumpeting forth his victory, and proclaiming his
escape from the snare, in which it was hoped to encompass
him. The astute and practised gentlemen thus
suspected, strong in the consciousness of deep legal
knowledge, and ready practical skill and science,
may justly despise the petty attacks of those who
affect to doubt their professional ability and attainments.
Some in high places have not hesitated to hint, on
one occasion, at collusion, and to assert, that a
certain prosecution failed, because there was no real
desire to punish.
Such is the substance of the various questions and
speculations to which the legal events of the last
thirteen years have given rise. We have now collected
and enumerated them in a condensed form, for the purpose
of tracing their rise and progress, and in order that
we may demonstrate that, though there may possibly
exist some reasons for these opinions, founded often
on a misapprehension of the real circumstances of
the cases quoted in their support, that they have,
in fact, little or no substantial foundation.
With this view, therefore, we shall briefly notice
those trials, within the period of which we speak,
which form the groundwork of these charges against
the executive, before we proceed to state the real
obstacles which do, in fact, occasionally oppose the
smooth and rapid progress of a “State
Prosecution.”
The first of these proceedings, which occurred during
the period of the last thirteen years, was the trial
of Messrs O’Connell, Lawless, Steel, and others.
This case perhaps originated the opinions which have
partially prevailed, and was, in truth, not unlikely
to make a permanent impression on the public mind.
In the month of January 1831, true bills were found
against these parties by the Grand Jury of Dublin,