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

THE CONDEMNED PENIANS.

DEPUTATION TO THE EARL OF DERBY.
On Saturday an influential deputation of mem-
bers of parliament waited upon the Earl of Derby at his
residence in St. James's-square for the purpose of implor-
ing her Majesty's government to recommend the crown
that the lives of the Fenian convicts, Burke and
ll'Orifferty, now under sentence of death in Dublin,
might be spared. Among the deputationists were:—Sir
George Bowyer Mr. J. S. Mill, Mr. Otway, Mr. &ander-
son, Mr. Kuiniirti, Mr. Scholefield, Major O'Reilly, Mr.
Potter, Professor Fawcett, Mr. Cowan, Mr. Terrell.,
Mr. J. F. Maguire, Mr. Esmonde, Mr. J. A. Blake,
Mr. O'Beirne, Mr. Gilpin, The O'Donoghue, Sir
John Grey, Sir P. O'Brien, Serjeant Armstrong, H.
D. Seymour, Mr. Oliphant, Mr. Graham, Mr. Neat.,
Mr. Kennedy, Mr. White, Mr. Moore, Mr. Young, Mr.
Bearden. The O'Conor Don, Mr. WEvoy, Mr. Stansfeld.
Mr. De La Peer, Dr. Brady, Mr. Synan, Mr. Baxter, Mr.
Lefevre, Mr. Candlish, Mr. Lechmere, Mr. Dodson, Mr.
Dslgliah, Mr. Eykyn, Mr. More O'Farrell, Mr. Wyld,
Mr. Henry Beaumont, Mr. Trevelyan, Mr. Moore, Mr.
Holden, Mr. Henderson, Mr. W. H. Cogan, Captain Sud-
ley, and Mr. Charles Forster. Mr. Dl`Sweeney, ex-Lord
Mayor of Dublin, was also present.
Sir G. Boy/Yea, M.P., who headed the deputation, ad-
mitted that the life of Burke was justly forfeited, but
urged that his execution was sure to produce a disastrous
effect, not only in Ireland, but in England and America.
Mr. J. 8. MILL—We have come here, my lord, without
distinction of party. 4Hear, hear.) We come here with
as deep and earnest a feeling as it is possible for a human
being to have, to implore your lordship not to erect the
scaffold for political offences. It is not for the sake of
these unfortunate men we say it. Heaven knows, the
punishment of failure is as painful as almost any punish-'
meat. The punishment to which, at all events, they
would subject themselves for their lives is quite sufficient
to vindicate the law and deter persons—as we all admit
they ought to be deterred—from attempting a revolution
when there isnot& feeling in the country which enables them
to succeed. My lord, we most sincerely apprehend that
the fact of executing these men will make them heroes
and martyrs. You must remember that the cause of
Irish nationality has not yet had its martyrs. Irish
wrongs have had martyrs long since • but that has been
put an end to so far as we are concerned. Robert Emmet
and Lord Edward Fitzgerald were not martyrs
to Irish nationality. But if you execute these unhappy
men now, you will give a sanctity to their cause which
will be most deplorable for Ireland and for this country.
We ought also think a little as to what will be thought in
foreign countries. We know what the feeling of foreign
countries is as to nationality. They do not know the
actual state of Ireland. They do not know what a sincere
desire we have to make Ireland prosperous, and give her
no cause to regret her union with us. They only know
there is an oppressed nationality, which is ruled by
another nationality, as they think, by force. I think that
state of things can only be remedied when a country can
be induced to forget, as Scotland has forgotten, what is
past. It would be the moat fatal thing in the world to
put these men to death. The punishment of death, God
knows, is not the most severe punishment, but a punish-
ment which excites most sympathy. If these men are
executed they will be dearly remembered, their memory
held sacred, and their example bring hundreds of War
fellow-countrymen to their ruin. (Hear, hear.l
After hearing several other members of the deputation,
The Earl of DERBY said—Gentlemen, you must be aware
that nothing can be more painful to me than to have to
discuss upon this occasion such a question as that brought
before me by a deputation so influential as I have now
the honour to address. And it is the more painful
because it is impossible for me to constitute myself the
advocate of one side, when on the other there has been
such able and eloquent advocacy. What I have to say is
not said in my own personal character, but as a member
of the government who have carefully considered the
case that you have brought before me. However, in the
first place, allow me to state that, when those who have
addressed me spoke of " those unfortunate men," there is
at the nt moment under consideration the case of one
indi • ual only. No other case has been brought under the

consideration of the government, of those condemned to
oapit►l punishment, none except those of Burke and Doran.
As to Doran, on the recommendation of the jury to mercy
in his case there was no hesitation on the part of the govern-
ment in commuting his sentence. The only other case with
regard to which you are competent to say anything is
the case of Burke alone, because none of the other cases
of capital conviction have been brought under the con-
sideration of the executive. Now, gentlemen, lam very
glad there hos been a general disclaimer on the part of
those I have the honour to address as to making this a
political question—(hear, bear)—and I am sure it was
through inadvertence that my friend Sir George Bowyer
did mix it up with a question of political support to the
government. (Hear, beer.) I may be permitted to say
that no such idea ever entered our minds, nor did the
difference of religion, as hinted at in the reference to
Mr. Smith O'Brien, ever exercise any influence over our
minds. But I may also be permitted to say that Ido
not think that this question ts at all analogous to the
civil war in America. It is said that since the termination
of the war there has been no single instance of capital
punishment being inflicted for political offences ; but you
must recollect the circumstances of that war—that there
was a continent divided against itself—that there were
millions of men in the South arrayed against millions of
men in the North ; and if, on the one aide or the ether. in

that fierce contest • .righieLiSiennied to inflict the highest
penalty of the law it would have altered altogether the
character of that civil war, and might and assuredly
would have produced • fearful retaliation. I say this,
then, for the purpowenf showing you that the circumstances
of the attempt at revolt in Ireland and the circumstances

of the Aineiican civil war are not in the slightest degree
analogous. Now it is my painful duty to be obliged to say,
with regard to the individual case of the convict Burke,
that it has been taken into the most serious and anxious
oonaiderstion of the government, and we did not decide
upon the course we determined to pursue without weigh-
ing all the eircumstanom of the case. You must forgive
me for reminding you that although it is Dim natural that
every man should desire to raise his voice on the side of
mercy, the members of the government, and yet others
more than we, felt strongly the necessity there was for
making some example in the case of this most unprovoked
and atrocious attempt at revolt. And we felt that the
loyal inhabitants of Ireland would not consider that the
government were in earnest unless they, in this most gross
—the grossest case—inflicted the extreme punishment of
the law. I don't wish to be considered as arguing the
case, I wish to impress on you that the decision of the
government has not been mune to without, as I said
before, the most serious and anxious osnaideration. We
have weighed the subject well ; we have discussed it in
the cabinet in presence of the Lord-Lieutenant of Ireland,
and in presence of the Chief Secretary of Ire-
land,l
and on the authority of the Lord Chan-
cellor, and on the report of the judges, including
the Lord Chief Justice, who tried the case, we have'
endeavoured to ascertain whether there was any mitigat-
ing circumstance which the government could fairly take
into consideration, and, with the tingle exception that by
the interposition of Providence no blood was shed, we
could find nothing that should keep Burke from suffering
the extreme penalty of the law. Nothing could have pre-
vented the effusion of blood of the occasion except the
extreme cowardice of the party, who fired a volley on the
soldiers at 700 yards distance, which therefore did no
harm, and who, when they saw the soldiers advance, ran
away, Burke being captured in a ditch when =dee-
Touring to make his escape. I feel all this diffi-
culty at the present time, because I don't want to
argue the case against this unhappy man, for I and the
other members of the government agree that if we
were justified in sparing the life of this unhappy
man, nothing could have given us greater satisfaction
than to extend that clemency to him ; but it was She
decided opinion of her Majesty's government, after the
fullest examination of the whole circumstances, that there
would be a very Serious risk of its being thought they were
guilty of dereliction of duty if they failed to visit the
severest punishment—whatever may have been his motive
—on one who, having no direct interest in the matter,
induced a number of unhappy dupes in Ireland
to join in that which might have led to serious con-
sequences, and who, without any sufficient motive,
has been guilty of the greatest and most serious offence
known to the law. Gentlemen, we came to that deci-
sion with the deepest and sincerest regret ; tied all
lean say is, that after listening to the eloquent advocacy
of inerey, if yen will dyn your name to any repressals-

Sion which can be ionic ogsiially to her Majesty's govern-
ment, u the cabinet meets• at half-past three, to-day—
(cheers)—l will bring it eiftutisaly, if you wish at that
hoar before my colleagues. Bat I must tell you fairly,
the question was fully and deliberately considered, and
we did not come to the decision at which we arrived
without the most anzioa. consideration. I don't spedk
personally, for I only look upon myself as the mouth-
piece of the cabinet ; but I min't say that your repre-
sentations will make any alteration in the new of the
government. At the same time, I shall have great plea-
sure in bringing any recommendation you make and sign
before my colleagues, if you bring it to me before half-
post three.
The deputation, having thanked the noble Premier for
his attention and courtesy, withdrew. They reassembled
in Lord Derby's reception-mom, when the following docu-
meet was signed by all the members who were present at
tht interview, and entrusted to Sir George Bowyer and
Sir John Gray, who undertook to pi oceed with it to
Downing-street :—" We, the undersigned members of the
Horns of Commons, very respectfully beg to express the
hope that the extreme sentence of capital punishment in
the cue of the convict Berke may be commuted." By
fear rielock the plea for mercy was in the hands of the
rsemitz.

DUBLIN, SUNDAY NIGINT.

Prayers fee the happy death of Burke were
offered up in elf the catholic churches here to-day. A
memorial from the fellows sad studsats of Trinity Col-
lege, to be prosoated to-marrow to the Lord-Lieuteaaat
for a commutation of the mistime, low boon &denied.
Cardinal Cullen SIM Lard Shown yodels*, on the *ab-
ject.

James O'Beien war found slaty of high tresses at the
Cork special commission, but recommended to mercy a
the ground thee he hod shown anxiety to preserve life.
81:11D/IT NIGHT.

An influential meeting was held bare to-day to
petition for mercy on behalf of Berke. The petition was
moved by Mr. Murphy, M.P., and a strong feeling was
manifested in his basour.

The Freetown: Journal of Saturday states that
it has been officially communicated to the convict Burke
that in his case the law must take its course. The unfor-
tunate man bore the announcement with the peatest
equanimity, and expressed himself perfectly resigned to
his fate. Thee has been no change in his demeanour or
habits since our last report. He rises at the usual boar,
eats his meals heartily seems in no way discomposed, and
employs his time :Irliacipally in devotional exercises.
Since the decision o the executive has been made known
two Sisters of Mercy have been in attendance upon him,
and the Rev. Mr. Kennedy, Roman catholic chaplain to the
prison, is constant in his ministrations. As soon as the
sheriff received the official intimation that the sentence
would be carried out, except in respect of the details
alluded to by the Lord Lieutenant in his reply to the depu-
tation on Friday, preparations for the execußoa were com-
menced within the gaoL

Drama.