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Updated: June 15, 2025
The injuries on which they are founded are not denied, nor are the atrocity and perfidy under which those injuries were perpetrated attempted to be extenuated. The sole ground on which indemnity has been refused is the alleged illegality of the tenure by which the monarch who made the seizures held his crown.
The first of these was the controversy about Governor Eyre, who, having suppressed the Jamaica rebellion by the violent and, as alleged, cruel use of martial law, and hung a quadroon preacher called Gordon the man whether honest or not being an undoubted incendiary without any law at all, was by the force of popular indignation dismissed in disgrace, and then arraigned for mis-government and illegality.
In well-tempered governments it requires as much care as anything whatsoever, that nothing be done contrary to law: and this ought chiefly to be attended to in matters of small consequence; for an illegality that approaches insensibly, approaches secretly, as in a family small expenses continually repeated consume a man's income; for the understanding is deceived thereby, as by this false argument; if every part is little, then the whole is little: now, this in one sense is true, in another is false, for the whole and all the parts together are large, though made up of small parts.
"That is the statement, Doctor, and it has the merit of being, as far as it goes, true. What the nature of the illegality of this sale was, I am not at liberty to disclose, not even to you, but I have discovered that beyond all question it was irregular and invalid, and Brander and I have come to a perfectly amicable understanding.
How silly to suppose that the illegality of these commissions to try criminal eases, could have been avoided by simply granting them to persons under the title of "justices," instead of granting them to "sheriffs."
We are told that he was warned by a counsellor of the town that secret examinations without witnesses or advocate on the prisoner's side, were illegal; but Monseigneur de Beauvais was well aware that anything would be legal which effected his purpose, and that once Jeanne was disposed of, the legality or illegality of the proceedings would be of small importance.
The Deputies of the Mountain have been proscribed and imprisoned, rather as partizans than criminals; and it is the opinion of many, that these measures, which deprive the Convention of such a portion of its members, attach as much illegality to the proceedings of the rest, as the former violences of Robespierre and his faction.*
If you go a little further you will find that when the freedmen were enfranchised, and they sent men of their own color to the House of Representatives, did that body say "stop!" "we protest, you cannot come in because of illegality"? No. They were admitted on the face of their credentials because they had first been granted the right of suffrage.
Still it was too monstrous to hang the poor old woman. After her condemnation, the governor reprieved her, probably on the ground of the illegality of setting aside the first verdict of the jury, in the absence of any new evidence; but Mr. Parris, the power behind the people, caused such an outcry against executive clemency to be raised, that the governor withdrew his reprieve.
It appears perfectly clear to us, even now, that a prosecution for the earlier meetings must have failed; for there existed then none of that evidence which would prove the object and the nature of the association: and to proclaim a meeting, without using force to prevent or disperse it if it defied the proclamation; and to use force without being certain that the extent of the illegality would carry public opinion along with the use of force; further, to begin to use force without being sure that you have enough to use would be acts of madness, and, at least, of great and criminal disregard of consequences.
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