16 Appealing For Justice

The People Who Petitioned For Mercy On Others’ Behalf in the 1820s were of a kind obscure to history, who wrote no books, contributed to no newspapers, and signed no public petitions. But they spoke as revealingly about punishment and justice as public propagandists did-more so indeed, since their opinions were not programmatic or for public effect. The documents they leave give significantly different meanings to public opinion from those acknow ledged so far. Many petitioned out of obligation to dependants, and a few out of expedience. But most acted disinterestedly against the injus tice perceived in particular verdicts or sentences, moved by common sensical ideas of fair trial and proportioned punishment which were remote from the discretionary principles of the judges’ law. ‘We only want fair play,’ as Sydney Smith exclaimed in 1826 when he inveighed against counsel’s inability to sum up for defendants. Most petitioners could have said the same.