Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850

56

The meaning of this observation is, that the privilege of not answering questions tending to criminate the witness belongs to the witness, and not to the parties wherefore the objection to such questions ought to come from the witness, and not from the counsel for either of the parties.

57

Townsend, vol. i. p. 229.

58

Townsend, p. 239, 240, 241.

59

Ibid., p. 238.

60

We are by no means sure, however, that he could have been compelled to answer the question, if he had stated that he believed his answer might tend to criminate himself.

61

1 Townsend, p. 211. Lord Campbell has included his opening address in Lord Cardigan's case among his published speeches, and thus deprecates the censures which had been passed upon him: "I was much hurt by an accusation that my address contained a defence of duelling, and had a tendency to encourage that practice. Nothing could be further from my intention… I continue to think that to engage in a duel, which cannot be declined without infamy, and which is not occasioned by any offence given by the party whose conduct is under discussion, whether he accepted or sent the challenge, though contrary to the law of the land, is an act free from moral turpitude… I consider that to fight a duel must always be a great calamity, but it is not always, necessarily, a great crime." Fully acknowledging the difficulties of the subject, we publicly and solemnly disclaim participation in these opinions, for reasons already laid before our readers. We give Lord Campbell full credit for the purity of his motives, and the sincerity of his convictions; but we must withhold our concurrence from opinions which ignore moral turpitude in a breach of the law of God!

62

Articles of War. Art 17.

63

The Defenceless State of Great Britain. By Sir F. B. Head, Bart. London. Murray: 1850.

64

The following is an extract from Cobden's speech at Wrexham, on 12th November last, as reported in the Times of 14th November: "He had no doubt that, in the volume written by Sir F. Head, (which had been referred to,) the author of Bubbles from the Brunnens of Nassau– and he dared say those bubbles were just as substantial as the facts in that volume, (cheers and laughter,) – but there was something in the antecedents of Sir F. Head, and his conduct in Canada, which did not recommend him to him (Mr Cobden) as a good authority in this affair of our finances. (Hear, hear.) But, no doubt, he should be told that we were in great danger from other countries keeping up large military establishments, and coming to attack us. Now, the answer he gave to that was, that he would rather run the risk of France coming to attack us, than keep up the present establishments in this country. He had done with reasoning on the subject. He would rather cut down the expenditure for military establishments to L.10,000,000, and run every danger from France, or any other quarter, than risk the danger of attempting to keep up the present standard of taxation and expenditure. (Cheers.) He called those men cowards who wrote in this way. He was not accustomed to pay fulsome compliments to the English, by telling them that they were superior to all the world; but this he could say, that they did not deserve the name of cowards. (Hear, hear.) The men who wrote these books must be cowards, and he knew nothing so preposterous as talking of a number of Frenchmen coming and taking possession of London."