The Express.
London, England, 1867-05-27 00:00:00

THE CONI)ENNED 1/011ANS.

The real question, the Times says, is not confined
to the case of Burke, but it is whether the extreme penalty
of the law should be inflicted on any of the Fenian leaders.
Deprecating the doctrine that high treason shall no longer
he a capital crime, our contemporary argues that it is
another thing, as in the present case, to remit the capital
penalty where it would be a greater evil to enact it. The
execution of Burke and his accomplices would want the
sanction of the public conscience; and, in looking at the
motives of the men, we are compelled to regard them as
the victims of infatuation—criminal in a different sense
and degree from ordinary murder. If this be the measure
of their guilt from an English point of view, we may readily
imagine what estimate would be formed of it by the
lower classes in Ireland. Another argument is that
the Fenian raid into Canada, which was a filibustering ex.
pedition of the very worst kind, has furnished us with a
precedent which cannot be easily set aside. It is by mea-
sures of prevention, and not by measures of vengeance,
that Feuianiam must be overawed. Let us not mar the
impression already made by its inability to contend for a
single day with the civil authority.
The strong expression of opinion in favour of the caeca.
tion to which Lord Derby has unnecessarily committed the
cabinet makes the situation, in the view of the J)aily hews,
more difficult than before. On the one band, it will be
under the temptation to execute Burke for the sake of its
own reputation for steadiness and consistency ; and on the
other, if it yields to the representations made to it, the
good effect of a spontaneous exercise of the clemency of
the crown will have been lost. Lord Derby says the
American war is not to the point, because the secessioniats
were so numerous and strong. His lordship must re-
member that in the autumn of 1849 the Austrian
imperialists executed the Hungarian statesmen and
generals who had been victorious in the field.
If, after executing Burke, we should chance to look into
the mirror of foreign contemporary opinion, we must ex-
pect to find our neighbours struck with the fact that while
the Americans could clogs their terrible contest without •
political execution, we felt it necessary to hang a man on
account of an insurrection in which not one life was lost
in defence of law and order.

The Standard has not the slightest sympathy with the
plea for mercy, though it allows that as a matter of policy
it may be prudent not to shed blood.
The Post remarks that the remission of the sentence on
Burke will practically amount to the abolition of the
punishment of death for political offences in this country.
If the government now alter their decision it will be in
compliance with what they feel to be the general wish of
the nation.

The Tdegrupk stater that at the meeting of the cabinet
on Saturday it was decided that the memorial signed by
members of parliament, forming a fair representation of
the enlightened opinion of the United Kingdom, was too
important in character to be resisted, and that communi-
cations on the subject should at once be made to her Ma-
jesty and to the Lord Lieutenant. This decision, the Tek-
graph makes bold to say,is equivalent to a reprieve for the
oonvict Burke. More than that, it amounts virtually to
the establishment of • precedent which will rule in all
future oases of alike kind. It is the repeal of the old
practice which relentlessly exacted the lives of political
offenders.