M’naghten rules… OK!
With covers from mid-victorian times and just before, philatelist and historian Dane Garrod brings to life the story that led to a mistaken identity, and later a specific change in criminal law
The two month period over Christmas and the New Year of 183940 was one of intense change in postal services where the sending of correspondence based upon distance and the number of letter-sheets altered in two stages to a uniform payment of one penny. Before then, for example, one folded sheet of paper from London to Brighton attracted a postage cost of eightpence. However, those that could afford it most paid less. In fact, nothing! Admittedly there was a daily restriction in numbers sent, but as a Member of Parliament, provided you wrote the date of despatch in full above the name and address and signed your name at the bottom, then transmission was free. It is from this period of privilege in the 1830s that the first illustrated item originates, now known to the philatelic collecting world as a ‘Free 14 October 1833. Additionally there is just visible a very faint black handstamp above and to the left of the written name ‘Edward’. Born in 1792, Edward Drummond was a successful British civil servant and Private Secretary to a succession of British Prime Ministers: George Canning, Viscount Goderich, the 1st Duke of Wellington, and Sir Robert Peel.
On the afternoon of 20 January 1843, this scion of the Drummond’s banking family was walking towards Downing Street from Charing Cross when political activist Daniel M’naghten approached him from behind. Clearly, Edward was not ‘keeping his eyes peeled’, although working directly for the man who brought into existence the British Police Force, Prime Minister Sir Robert Peel, for whom the assailant had probably mistakenly identified him. A gun was fired by M’naghten at point-blank
Drummond is universally regretted’.
The second illustrated item is an envelope from the following year, 1844, and addressed by the probable intended victim of the previous year’s incident, Prime Minister Sir Robert Peel. His signature is in the bottom left-hand corner and within the red wax seal is the Peel coat-of-arms and the family motto ‘Industria’. A red official crowned handstamp was applied in London on 16 November 1844, and a black oblong Dalkeith receiving handstamp two days later, on the reverse, before delivery to the addressee, the Lord Privy Seal, the Duke of Buccleugh, at his country estate at Dalkeith Palace. The Prime Minister had marked it ‘Private’ to ensure it was read only by the duke.
Daniel M’naghten was tried for murder later in 1843 where the defence lawyers successfully argued that he was not legally responsible for an act which arose from a delusion, and he was acquitted on the grounds of insanity. Following this high profile case, a judicial review wrote the M’naghten Rules which dominated the law on criminal responsibility for 100 years and more.
1
The free front is dated ‘Eleventh October 1833’, signed ‘Talbot’ at the bottom
2
It is addressed to Edward Drummond at his private address at 6 Stratford Place in London, a cul-de-sac off the north side of Oxford Street
3
The cover received a red circular ‘crown and free’ Morning Duty single-rim datestamp of 14 October 1833
4
There is just visible a very faint black handstamp above and to the left of the written name ‘Edward’ 5
Prime Minister Sir Robert Peel’s signature can be seen at the bottom left-hand corner
6
Within the red wax seal is the Peel coat-of-arms and the family motto ‘Industria’.
7
A red official crowned handstamp was applied in London on 16 November 1844
8
A black oblong Dalkeith receiving handstamp was added on 18 November
9
The Prime Minister had marked it ‘Private’ to ensure it was read only by the duke.