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January 22, 1853.] THE LEADER. 83
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THE FRENCH CRISIS AND ITS CONSEQUENCES. ...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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The Press And Thk Administration Of Just...
witnewies as Pat Wangle , 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 dojubt 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 judge , and the answer elicited . That answer , represented as highly favourable to the accused , has been with great iclot put in contrast with the verdict handed in immediately af ter , and 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 bis 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 thai 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 ? To our minda 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 f > ne of the judges 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 thatarisingevenfrom 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 tmncrDles . and that , however apparently
convenient 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 principle * which we reflectingly adopted , and by which , up to the moment of heat and trial , we were perfectly willing to be restrained-Jtn this caws , for instance , most men are perfectly teadyio admit that there are few persons who could be better spared by society than the convict Kirwan : exactly on wisest that this
that account those who are say is the time to assert the value of the law of evidence , and to declare that no one , be their liking or < 34 sKkin £ for his antecedents what it may , shall ever , if their protest can hinder it , be convicted in this country on the mere ppof of circumstances , not incompatible with his guilt , but perfectly compatible with his innocence , lho question in the public mind has not been whether Kirwan was a Catholic or a . Protestant—whether he was a good husband or a bad one—but wheii xl •*• _ _* . „ « . / MMr 1 arrainah Vlim WAr « flOnclUSlVO
that he committed a particular crime , I he evidence , taken at its utmost worth , has been found to establish the possibility , not the fact ; and that " portion of the press" and of the public which has not " proclaimed war with mankind , " very properly puts a charitable construction on the matter , gives the accused the benefit of the doubt , and prefers tho presumption , in a case where we can have nothing beyond presumptions—of his innocence , to that ot his guilt . " A new trial has been granted' —from what motive P— " to this man by tho press ; " it has boon " blatant , " " loud-mouthod , and " unscrumouthed
pulous , " says our Hoft-spokon , mealy- , and scrupulous critic , as he approvingl y quotes tho juryman's accusations of " malignity and falsehood , " and tells us that wo arc damaging the administration of the law by insisting that it be tho administration of Justice . Well , well , it was hard that a paper which earned its chief fame by "intermeddling " fihouldhave been robbed of its specialty at last . It is but fair to our contemporary to say , that wo believe it it had not been antici pated , it would have boon by this time on dur side , and that from no quarter would Mr . Justice Crampton and hia model iury have had bardor blows than from that whoro they novr iind their defender .
January 22, 1853.] The Leader. 83
January 22 , 1853 . ] THE LEADER . 83
The French Crisis And Its Consequences. ...
THE FRENCH 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 tin adverse end ; but we may be sure that the ^ finish 6 f one chapter must only preface the opening of another b y a matt who can write the history of his life in blood , upon the tablet of his native land . The refusal or [ Russia to recognise him as a full Emperor is more than a mere insult :
it shows not only that Eussia 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 felfc . 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 Royal system of Europe has so far failed . The condition of the G-overnment 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 baa been a quadruple for
financial project . First , a machinery giving employmentto theworkingclasses . 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 whifch we know to be enormously expensive . Thirdly , a plan to keep up the appearance of prosperity in the country , by maintaining tfie price of stocks and commercial credit generally , as a corrbboration 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 England and America . Queen Christina is raid to lunre been well prepared against casualties when her residence in Madrid wa « threatened . And ifc is llnderstood in the City that Louis Napoteon afci & dy has used our capital M a savings ' . bank , ddwpaafe to him ; for when he again visits XondaiWb . ich he may not improbably do , it maybe 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 . The grand operations to keep up the price of stocks , and the show of prosperity , have begun to break down ; and although tho 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 have set tho courtiers wrangling in the palace . ~
_ . But on many proviouB occasions Louis Napoleon's position lias appeared more desperate than it can be on the worst construction of tho present signs . When he was arreBtcd at Strasbourg ; when he was imprisoned for his ridiculous sally on Boulogne ; even when ho was risking the desperate scheme of tho 2 nd of December , the chances of failure must havo been far moro appalling . At tho worst construction of present of tho ital of
signs ho remains in possession cap Franco , its capital , its garrisons , and a very largo amount of good will amongst its people ; and ho still has many schemes which might bo suicidal in their very nature , and might yot advance hia own personal fortunes in tho most direct manner , oven if they did not leave him Emperor of Franco , or Emperor of Europe , us his Undo would fain have boon . It is evidont that he has some groat external scheme on foot . He is making bin power
folt in toomany quarters not tohavo apurposo in it . The pamphlet and tlio spooch winch have pointed to the frontiers of the Ithine , following hi * own theatrical show of crossing that river , have prepared the public mind for i'oar and hopo of an expedition in that quarter . He has established in the heart of Turkey a- feeling that ho
might aid the Sultan with money and support , while his pensioner , Abd-el-Kader , posted m 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 fear , as there ia enough of threat amongst Louis Napoleon ' s own retainers ; and the balance of preparations is already on his side , though arrears have somewhat been made up on ours . Our 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 Franr-e 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 tariff with 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 , which evidently form part of his plan of action , and we may connect this West Indian expedition with the offer ascribed to him for a European gu « , rantee of Eng lish 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 . He has hitherto favoured the world with what may be called surprise in a direct course : the coup a"Mat was prepared by signs indicating a permanent presidency and a seizure of consolidated power at headquarters . The Empire was prepared by tho writings and the pageantries of Louis Napoleon and his creatures ; tho coercion of Belgium was prepared by articles directly insisting upon tho mu-esaitv of her submission under pain of losing
the coal trade , if not of invasion . At tho present moment it will bo 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 , and offering to hia use ho opportunely the unjustly exiled General statesman , Narvaez . Wo havo not mentioned Italy and tho rumours of a Vice-royalty . Should Austria and Russia forco Louis Napoleon into tho arms of European Revolution , hia premonitory signs therefore now point their poisoned Ital at Snam at Del
arrows at the East ; at y ; ; --irium , already wounded ; at tho Rhine , and at America . Of courso ho cannot mean to stnko in all directions at once . He cannot mean to cast France with centripetal forco against all quarters of tho political globe , hut fate seems to bo hastening his career to a now crisis , and it ^ will bo necessary for him to make a now selection . Thoro may bo a reduplication of surprise upon surprise : as his previous surprises have been in a direct course , hia next surprise may bo a doxiblo , and deceive those who are foolish enough to calculate his aotions . Tho " gontlemon of high birth and groat cou-
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Citation
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Leader (1850-1860), Jan. 22, 1853, page 11, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_22011853/page/11/
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