Blackwood's Edinburgh Magazine, Volume 69, No. 427, May, 1851

I. "The Jury UNANIMOUSLY find it proved that the excerpt charter is a forged document; and, BY A MAJORITY,[58 - In Scotland, the verdict in a criminal case is according to a majority of the jury; in a civil case they must be unanimous.] find it NOT PROVEN that the panel forged the said document, or is guilty art or part thereof, – or that he UTTERED it, knowing it to be forged." [Here arose a burst of applause from the audience, in consequence of which the Court immediately ordered the gallery to be cleared.]

II. "Unanimously find it proved that the documents on the map are forged; and by A MAJORITY find it NOT PROVEN that the panel forged the said documents, or is guilty art and part thereof, or that he UTTERED them, knowing them to be forged."

III. "Unanimously find it Not Proven that the documents contained in De Porquet's packet are forged; or were uttered by the panel as genuine, knowing them to be forged."

IV. "Unanimously find it Not Proven that the copy letter to Le Normand,[59 - This was the anonymous letter to Madlle. le Normand, dated the 10th July 1837, accompanying the map professed to have been left with her so mysteriously on the ensuing day. See it in extenso in our last Number, p. 482.] in the fifth and last charge of the Indictment, is either forged, or was uttered by the panel as genuine, knowing it to be forged."

As soon as the chancellor of the jury had finished delivering the above verdict the prisoner swooned, and was carried out of court insensible. On one of his counsel certifying to the court, on the authority of a medical gentleman in attendance on him, the continued indisposition of the prisoner, and that it would be dangerous to bring him back into court, his further attendance was dispensed with, the Public Prosecutor consenting; and as soon as the verdict had been formally approved of and recorded, the Court pronounced the following sentence: —

"The Lords Commissioners of Justiciary, in respect of the foregoing verdict of Assize, assoilzie the panel simpliciter, and dismiss him from the bar."

By the law of Scotland a verdict of "Not Proven" has the same effect as a verdict of "Not Guilty," with reference to liability to a second or subsequent trial on the same charge.

Thus ended, on Friday the 3d May 1839, this extraordinary trial – than which we know none more so on record. That the jury found the slightest difficulty in pronouncing the excerpt charter, and the Le Normand map, with its indorsements, to be forgeries, no one can think probable; but we own our very great surprise at finding them of opinion, and that "unanimously," that the forgery of the De Porquet packet, and the letter accompanying the Le Normand packet, had "not" been "proven." One thing, however, is perfectly clear, that these forgeries could not have been committed by lawyers, either Scottish or English; for the slightest smattering of legal knowledge would have sufficed to show the stark staring absurdity of imagining that such "evidence!" could be received or acted upon, for a moment, by any court of justice in a civilised country. In an English court, the De Porquet packet would have been hailed, but for decorum's sake, with a shout of laughter. A single rule of English law, that documents offered in evidence – especially ancient ones – must be proved to have come from the proper custody, would have disposed of the whole matter in a trice.

On what grounds proceeded the verdict of "not proven," with reference to the charge against the prisoner of forgery, or guilty uttering of forged documents, we know not, and it were almost idle to speculate. We doubt not, however, that Colonel D'Aguilar played the part of a guardian angel to his friend throughout his ordeal, and think that the jury attached the utmost weight to the suggestion with which the prisoner's counsel skilfully concluded his address, that "the prisoner had been merely the dupe of the designing, and the prey of the unworthy."[60 - Swinton, p. 300.] He may, indeed, have been a weak and insanely credulous person, and may have unconsciously encouraged others to be guilty of forgery, in imaginary furtherance of his own ambitious objects, by the promise of liberal recompense in the event of his being successful – as in the case of Mademoiselle le Normand, to whom he had given a bond for four hundred thousand francs.

In conclusion, we have to express our obligation to the accomplished and learned editor of the report of this trial, Professor Swinton, for the fulness and fidelity with which he has placed it before us. It is a valuable and deeply interesting addition to the records of Scottish jurisprudence; and it is also well worth the while of an English lawyer to procure and study it. Nay, even the novelist may find it well worth his while to ponder its marvellous details.

THE DINNER TO LORD STANLEY

Fifteen years have elapsed since Sir Robert Peel made his memorable speech in Merchant Tailors' Hall; and the foundation was laid, in the unanimity of three hundred and fifteen independent members of the House of Commons, of that great party which at length proved triumphant in the country, and some years afterwards returned him by a majority of 700,000 out of 1,000,000 of electors, and a majority of 91 in the House of Commons, as Prime Minister of England. The victory then achieved, the triumph then gained, rendered the future a matter of comparative ease in Government, of certainty in anticipation. The nation had spoken out: Protection to Native Industry in all its branches – agricultural, manufacturing, and colonial – was the principle which had banded the majority together; and the victory was so great, the bond which united them so strong, that, for this generation at least, all attempts, by external aggression, to shake their government must have proved nugatory. England was once again united: the great cause of domestic industry of the universal people had triumphed. All that was required of its leaders was to have remained true to themselves, to have adhered to their principles, to have proved faithful to their professions; and most assuredly the great majority of the nation would have proved faithful to them. An opening was afforded, a foundation was laid, for the formation of a great National Party, which, discarding the now senseless divisions of former times, was intent only on fostering the industry of the whole working-classes of the community, and on rearing up, on the basis of experienced benefits and acknowledged blessings, a great and united British empire in every quarter of the globe.

What has prevented the realisation of so glorious a vision? what has stepped between Great Britain and the diadem encircling the earth thus presented to her grasp, and converted an empire which might now have daily, and for centuries to come, been growing in strength, overflowing with prosperity, unanimous in loyalty, into one declining in numbers, shivered in power, divided in opinion? Whence is it that, while the debates in Parliament are daily filled with the piteous, and, alas! too faithful accounts of Irish destitution, of metropolitan suffering, of agricultural distress, of industrial depression, the colonies are all meditating separation from the mother country, and Government at home, anticipating a severance of the empire which they can no longer defend, are already, like the Romans of old, abandoning the distant parts of the empire to their own resources? How has it happened that, after reading a glowing eulogium in the leading articles of the Times on the prosperous condition of the country, the increase of its exports and imports, the cheapened food of its inhabitants, we read in the next columns of the very same paper a piteous statement from Lord Ashley on the frightful condition of the working-classes in the metropolis – a heart-rending account from Mr Reynolds of the daily declining resources and increasing pauperism of Ireland – an alarming statement, from the official return, of the daily increasing importation of foreign grain, at prices below what it can be raised at in this country – a decisive proof, in the monthly return, of the decline of British and increase of foreign shipping – and Lord Grey's circular to Australia and the Mauritius, announcing the approaching withdrawal of the British troops from those valuable settlements? Whence have arisen those obvious and undeniable and well-known symptoms of national decline, immediately after the opening of so glorious a dawn, and when the means of such lasting and universal prosperity had, by the benignity of a gracious Providence, been placed within our grasp?

No one need be told from what these melancholy results, after such splendid prospects, have arisen. It is dereliction of principle which hasdone the whole. A statesman was placed at the helm, of great ability, of unwearied industry, of vast influence, but who wanted the one thing needful for great statesman-like achievement – singleness and consistency of principle. He rose to power by the exertions of the Conservative party; and the first use he made of that power, when fully acquired, was to spread dissension among that party, and for a time destroy their influence. He made himself not the representative of the nation, but of a section of the nation; not of the British empire in every part of the world, but of Manchester and Glasgow. To their interests everything else was sacrificed. The agricultural interest was sacrificed by the repeal of the Corn Laws; the colonial, by the equalising the duties on sugar and wood; the shipping, by the repeal of the Navigation Laws; the manufactures for the home market, by the unrestrained admission of foreign manufactured produce. The interests of no class were consulted but those of the buyers and sellers of commodities, and of the great manufacturers for the export sale, the class from whom Sir Robert Peel sprang; and as the interests of that class are on most points adverse to the interests of the rest of the community, the vast majority are now suffering for their benefit.

The time was when such an anomaly as this could not have existed. Within the lifetime of half the present generation, the interests of the merchant, the manufacturer, and the farmer were identified; and no one of these classes could be benefited without extending the impulse to all the others. The toast of "The Plough, the Loom, and the Sail," was as regularly to be heard at public dinners as that of the "British Constitution, and may it be perpetual." But now neither is heard – they have gone out of fashion together. Whence this extraordinary, this woeful change, in so short a time, and in a nation which has not been subjected to the convulsions of at least a violent and bloody revolution? It is that the principle of protection to native industry has been abandoned by the Government. A section of the community has become so rich and powerful, from the shelter afforded to it during a hundred and fifty years of protective policy, that it has succeeded in setting all other classes at defiance, and changing our policy for its own immediate benefit, but their certain decline and ruin.

This class is that of manufacturers for the export sale. When Great Britain was a self-supporting country, as it was to all practical purposes down to 1842, the growth of our manufactures, whether for the home or the foreign market, acted immediately and powerfully on the interests of all other classes, agricultural and commercial, with which they were surrounded. They eat the British or Irish farmer's bread and beef; they were clothed in the British manufacturer's clothing; the machinery they made use of was made by English hands; their goods, when completed, were exported in British bottoms; and the profits of the master manufacturers, who put the whole in motion, were for the most part spent in the purchase of British luxuries and the encouragement of British industry. Thence the universal feeling, that the interest of all classes was identical, and that you could not benefit the one without at the same time benefiting the others. But since the fatal period when protection was abandoned, this mutual dependence has been done away with – this great and beautiful bond of cohesion has been destroyed. We can no longer give "The Plough, the Sail, and the Loom," at any public dinner. Every one feels that the interests of these classes have now been set at variance. The old fable of the Sheaf of Arrows has been realised. One arrow, marked "Protection to Native Industry," has been drawn out, and the whole sheaf is falling to pieces.

It is not surprising that consequences so wide-spread and disastrous should follow the abandonment of the principle of protection to native industry; for it is the cement which alone has hitherto held together the vast and multifarious parts of the British empire. What was it, during the war, which retained all the colonies in steady and grateful loyalty to the British throne, and made even foreign colonial settlements hail with joy the pendants of our fleets fitted out for their subjugation, and in secret pray for the success of their enemy's arms? It was a sense of individual advantage – the consciousness that the Imperial Government on the throne knew no distinctions of locality, but distributed the same equal justice to the planter of Jamaica or the back-woodsman of Canada, as to the manufacturer of Manchester or the farmer of Yorkshire. All were anxious to gain admittance into the great and glorious empire, whose flaming sword, like that of the cherubim at the gate of Paradise, turned every way, and which extended to all its subjects, how distant and unrepresented soever, the same just and equal protection. Norway petitioned to be admitted into the great confederacy, and tendered its crown to Great Britain. Java mourned being shut out from it. The day when the British standard was withdrawn from the colonies, restored with imprudent generosity by victorious England at the peace of 1814, was to them one of universal mourning. There was no thought then of breaking off from the British empire; no mention of Bunker's Hill or Saratoga. The object of universal ambition was to gain admission, or remain in it.

And what were the dependencies which were then so anxious to obtain an entrance into, or retain their connection with, the British empire, and are now equally, or more solicitous, to break off from it? They were the West Indies, which at that period took off £3,500,000 worth annually of our manufactures, and employed 250,000 tons of our shipping; Canada, which has since, with 1,500,000 inhabitants, taken off above £3,000,000, and employed 1,100,000 tons of our shipping; and Australia, which now, with only 250,000 inhabitants, consumes above £2,000,000 worth of our manufactures; while Russia, with 66,000,000, takes off only £1,500,000 worth annually. So vast, various, and growing are the British colonies in every quarter of the globe, that half our export trade had become to us a home trade; and we enjoyed the inestimable advantage, hitherto unknown to any country that ever existed, of reaping domestic profits at each end of the chain which encircled the earth. This it was which held together the British empire, which preserved it intact amidst the greatest dangers, and caused the industry of the heart of the empire to grow with the growth, and strengthen with the strength, of its most distant extremities. In casting away our colonies, in destroying the bond of mutual interest which had so long held them in willing obedience to the heart of the empire, we have voluntarily abandoned our best customers; we have broken up the greatest and most growing dominion that ever yet existed upon earth; we have loaded ourselves at home with a multitude of useless mouths, which cannot find bread from the decline of the colonial market, and let the boundless fields of our distant provinces remain waste for want of the robust arms pining for employment at home, which might have converted them into an earthly paradise, and these islands into the smiling and prosperous heart of an empire which embraced half the globe.

The emigration which has gone on, and has now increased to 300,000 a-year, has done little to obviate these evils: for, since protection to our colonies has been withdrawn, four-fifths of it has gone to the United States, where the principle of protection to native industry is fully established, and constantly acted upon by their Government.

Matters, however, are not yet irremediable. Appearances are threatening, the danger is imminent, but the means of salvation are still within our grasp. All that is requisite is, to return with caution and moderation to the Protective policy which raised the British empire to such an unparalleled pitch of grandeur, and to abandon, cautiously and slowly, the selfish and suicidal policy which is now, by the confession of all, breaking it up. The great party – the National Party – which placed in Sir Robert Peel's hands the means of arresting this downward course, of restoring this glorious progress, still exists in undiminished numbers and increased spirit. It has gained one inestimable advantage – it has learned to know who are to be relied on as faithful to their principles, and who are to be for ever distrusted, as actuated only by the motives of ambition or selfishness. It has gained an equally important advantage in having had sophistry laid bare by experience. We have now learned, by actual results, at what to estimate the flattering predictions of the Free-Traders. The frightful spectacle of 300,000 emigrants annually driven for years together, since Free Trade began, into exile from the British islands; the proved decline of the taxable income of the industrious classes (Schedule D) by £8,000,000 since 1842, and £6,000,000 since 1846; the rise of our importation of foreign grain, in four years, from less than 2,000,000 of quarters annually to above 10,000,000; the increase of our imports in the last eight years by sixty-eight per cent, while our exports have only increased by fifty-one per cent during the same period; the increase of crime in a year of boasted prosperity to 74,000 commitments, a greater amount than it had ever reached in one of the severest adversity; the diminution of Irish agricultural produce by £8,000,000 in four years, and of British by at least £60,000,000 in value during the same period; the total ruin of the West Indies, the approaching severance of the other colonies from our empire, or their voluntary abandonment by our Government; the admitted increase of the national debt by £20,000,000 during twenty years of general peace; – these, and a hundred other facts of a similar description, have opened the eyes of so large a proportion of the nation to the real tendency of the new system, that it has already become evident, even to their own adherents, that, at latest, at the next election, if not before, the Protectionists will be in power.

Lord Stanley has announced, with the candour and straightforwardness which become a lofty character, what are the principles on which he is prepared to accept office. He was instantly to have taken off the Income Tax, which presses so severely on the industrious classes, and supplied the deficiency, which would amount to about £3,000,000, by a moderate import duty on all foreign commodities. The effect of these measures would have been incalculable: it is hard to say whether they would have benefitted the nation most by the burdens which were taken off, or those which were laid on. The first would relieve the most hard-working and important part of the middle class, and let loose above £5,000,000 a-year, now absorbed by the Income Tax, in the encouragement of domestic industry; the second would produce the still more important effect of enabling the nation to bear the burden of the necessary taxation, and compel the foreigners, who now so liberally furnish us with everything we desire tax-free, to bear the same proportion of our burdens which we do of theirs. A large part of the taxes of Prussia, and all the Continental States – the whole of the American – is derived from import duties; and in this way our artisans and manufacturers are compelled to pay a considerable proportion, probably not less than a half, of the national burdens of these states. Meanwhile their rude produce is admitted duty free to our harbours, so that we get no part of our revenue from them. They levy thirty per cent on our goods, and the whole of that goes to swell their revenue, to the relief of their subjects; we levy two or three per cent on their grain, and the miserable pittance is scarcely perceptible amidst the immense load of our taxation.

The benefit of the fiscal changes which Lord Stanley proposed would have been great, immediate, and felt by the most meritorious and heavily burdened class of the community – the middle class; the burden for which it would have been commuted would have afforded a certain amount of protection to native industry, so as to relieve the most suffering classes engaged in production, and that at the cost of a burden on consumers so trifling as to have been altogether imperceptible.

To illustrate the extreme injustice of the Income Tax, and the way in which it presses on the most industrious and hard-worked, as well as important class of the community, we subjoin a Table of Schedule D (Trades and Professions) for the year ending 5th April 1848; and we take that year in preference to the subsequent ones, to avoid the objection of the commercial crisis of 1848 having rendered the view partial and deceptive.[61 - Table showing Number of Persons charged for the Income Tax, and Sum received, for the Year ending 5th April 1848 (under Schedule D.)] From this important Table it appears that the sums received from persons under £500 a-year were —

And the incomes above £4000 stood thus: —

Note.– From a Return ordered by the House of Commons to be printed 31st May 1849.

So that out of £1,685,977, which was the sum received from persons in trades and professions in Great Britain that year, no less than £677,000 came from 125,371 persons whose incomes were under £500 a-year, while only one thousand five hundred and eighty-one persons were assessed as having incomes above £4000! This dreadful tax therefore is, par excellence, the shopkeeper's, manufacturer's, and professional man's tax; and they are assessed for it in numbers sixty times more numerous than the rich. And yet the assessment of all is laid on at the same rate! Is it surprising that the Chancellor of the Exchequer said, in support of this tax, that it was so unjust to all, that no one was worse off than his neighbour, or had any reason to complain? And let every tradesman, manufacturer, clerk, and professional man, who pays this odious and unjust tax for the next three years, recollect that he owes the burden entirely to the Free-Traders; for if they had not been in a majority in the House of Commons, Lord Stanley would have come in and taken it off.

Two statesmen, belonging to different schools, have come prominently forward during the late Ministerial crisis; and to one or other of them, or perhaps to both alternately, if they live, the destinies of the empire, for a long period of time, will in all probability be intrusted. These are Lord Stanley and Sir James Graham. Both are men of great ability, vast application, extensive experience, tried business habits, great oratorical and debating power; but, in other respects, their characters are as opposite as the poles are asunder. As usual, in such cases, while their characters bear the marks of distinct individuality, they are the types or representatives of the two great parties which now divide the British empire. The first is straightforward, intrepid, and manly – patriotic, but not vacillating – willing to undertake the burdens of office, but unwilling to do so unless he can carry out the principles which he deems essential to the salvation of his country. The second is ambitious, cautious, diplomatic, desirous of power, but fearful of the shoals with which it is beset; and desirous so to shape his policy and conceal his intentions, as to avoid shipwreck by coming openly into collision with any powerful party in the state. The device of the one is the steady polar star of duty; the guide of the other the flickering light of expedience. The first refused the Premiership when offered to him by his sovereign, because he thought the time had not yet arrived when he could carry out his principles; the latter has so often changed his side, and held office under so many parties, that no man alive can tell what his principles are. The first broke off from Sir Robert Peel in office, when he deserted his principles; the latter deserted his principles to join Sir Robert Peel when entering on power. The first, while still in opposition, has already announced to the country what line of policy he is determined to adopt if placed in power; the last has talked of a mutiny in the army as a reason for continuing the ruin of agriculture, and a rebellion in Ireland as a reason for tamely submitting to Papal aggression. The one is of the true breed of the British lion, the other a mongrel cross between the Whig and the Free-Trader.

notes

1

Longfellow's Poetical Works.

Bryant's Poetical Works.

Whittier's Poetical Works.

Poems. By James Russell Lowell.

Poems. By O. W. Holmes

2

"What was the star I know not, but certainly some star it was that attuned me unto thee."

3

Lettres sur l'Amérique. Par X. Marmier. 2 volumes. Paris, 1851.

The United States and Cuba. By John Glanville Taylor. London, 1851.

4

La Havane. Par Madame la Comtesse Merlin.

5

Thick clumsy buckskin gloves.

6

Amongst these, Professor James Johnston now takes honourable rank. His valuable Notes on North America reached us too late for notice in the present article – admitting even that they could with propriety have been included in a review of works of a lighter and more ephemeral character. His volumes, which address themselves particularly to the agriculturist and emigrant, are replete with useful information, and we shall take an early opportunity of drawing attention to their instructive and interesting contents.

7

A species of gigantic reed or cane, which attains an elevation of fifty feet, in clumps of two or three hundred stems.

8

The Book of the Farm. By Henry Stephens, F.R.S.E. Second Edition. 2 vols. 8vo. Blackwood and Sons, Edinburgh and London: 1851.

9