The law may be perfect, but how is it that whenever a case for its application arises, it proves to be of no avail? We have seen the trials of Oxford and MacNaghten conducted by the ablest lawyers of the day—Lord Denman, Chief Justice Tindal, and Sir Wm. Follett,25—and they allow and advise the Jury to pronounce the verdict of Not Guilty on account of Insanity,—whilst everybody is morally convinced that both malefactors were perfectly conscious and aware of what they did! It appears from this, that the force of the law is entirely put into the Judge's hands, and that it depends merely upon his charge whether the law is to be applied or not. Could not the Legislature lay down that rule which the Lord Chancellor does in his paper, and which Chief Justice Mansfield did in the case of Bellingham; and why could not the Judges be bound to interpret the law in this and no other sense in their charges to the Juries?26
Footnote 25: Solicitor-General. His health gave way in middle life, and he died in 1845.
Footnote 26: In consequence of the manner in which the trial terminated, and the feeling excited in the country, the House of Lords put certain questions on the subject of criminal insanity to the Judges, whose answers have been since considered as establishing the law.
The Earl of Aberdeen to Queen Victoria.
PRINCESS MARY OF BADEN
Foreign Office, 13th March 1843.
Lord Aberdeen presents his humble duty to your Majesty. In obedience to your Majesty's commands he has endeavoured to consider the letter of the Grand Duke of Baden with reference to the position of the Princess Mary27 in this country. Lord Aberdeen does not find in the proceedings of the Conference of Great Powers at Vienna, at Aix la Chapelle, or at Paris, anything which can materially affect the question. The great difficulty with respect to the Princess appears to arise from the fact that in this country the rank and precedence of every person are regulated and fixed by law. Should your Majesty be disposed to deviate from the strict observance of this, although Lord Aberdeen cannot doubt that it would receive a very general acquiescence, it is still possible that the Princess might be exposed to occasional disappointment and mortification....
There is a consideration, to which Lord Aberdeen would humbly advert, which may not altogether be unworthy of your Majesty's notice. Your Majesty does not wish to encourage alliances of this description; and although there may be no danger of their frequent occurrence, it cannot be denied that an additional inducement would exist if Princesses always retained their own rank in this country.
On the whole, Lord Aberdeen would humbly submit to your Majesty that the Princess might be received by your Majesty, in the first instance, with such distinction as was due to her birth—either by a Royal carriage being sent to bring her to your Majesty's presence, or in any manner which your Majesty might command—with the understanding that she should permanently adopt the title and station of her husband. Your Majesty's favour and protection, afforded to her in this character will probably realise all the expectations of the Grand Duke; and, without acknowledging any positive claim or right, your Majesty would secure the gratitude of the Princess.
Footnote 27: The Princess Mary of Baden had recently married the Marquis of Douglas, eldest son of the Duke of Hamilton. See p. [439].