Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 by Various
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page 16 of 314 (05%)
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exception of the case of Mr O'Connell in 1831, the end and object of
all state prosecution has been uniformly and completely accomplished, by the suppression of the evil which the crown in each instance was anxious to put down. When this has taken place, there can have been no failure. Beyond what is necessary for the welfare of the state, and the general safety and security of the persons and property of individuals, the crown has no interest in inflicting punishment; it never asks for more than is required to effect _these objects_, and it can scarcely be content with less. There are, however, difficulties almost peculiar to the more serious offences against the state, but which are entirely different, in their nature, from those imaginary difficulties which have formed the subject of so much declamation. A passing glance at the proceedings now pending in Ireland, will give the most casual observer some idea of what is sometimes to be encountered by those to whom is entrusted the arduous duty of conducting a state prosecution. Look back on the "tempest of provocation," which recently assailed the Irish Attorney-General, on the vexatious delays and frivolous objections which sprang up at every move of the crown lawyers, called forth by one who, though "_not valiant_," was well known to the government to be "most cunning offence" ere they challenged him, but who, "despite his cunning fence and active practice," may perhaps find, that this time the law has clutched him with a grasp of iron. In ordinary cases, criminals may, no doubt, be easily convicted; and in the great majority of the more common crimes and misdemeanours, the utmost legal ingenuity and acumen might be unable to detect a single error in the proceedings, from first to last. Still it must be remembered, that even among the more common of ordinary cases, in which the forms are simple, the practice certain, and in which the law may be supposed to |
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