The Sun.
London, England, 1848-10-10 00:00:00

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LONDON, TUESDAY, OCTOBER 10, 1848.

There are many reasons why the strong and unani-
mous recommendation of the jury who so nobly and
conscienticusly discharged the duty they owed to
their country, in the recent trial at Clonmel, should
receive the attentive consideration it so fully merits,
and why the prayer thereof should forthwith be con-
sidered by those entrusted with the administration of
justice in Ireland the responsible advisers
of her Most Gracious MAJESTY. We have 'al
ready set forth public grounds why mercy should
be extended to the unfortunate gentleman who,
whatever may have been his errors, ever maintained
an irreproachable character, and in all the relations
of private life merited the admiration and respect of
all his acquaintances, and of those in any manner
connected with him by the ties of friendship or con-
sanguinity, These grounds may be shortly set forth
as follows :
First, it is neither just nor expedient, wise or
politic, to inflict capital punishment for a merely poli-
tical offence, more especially when that offence has been
unattended with any aggravating circumstances of
plunder or bloodshed. 2dly, That the difference of
the law in England and Ireland, by which parties
accused of high treason in the latter country are de-
prived of advantages to which they would be entitled
in England, and which are here considered to be es-
sential to their defence, should prevent the extreme
penalty from being carried into execution ;
and that, if so, it might be asserted
with truth that the same protection and
justice is not afforded to the Irish people that
may be claimed by every English citizen. The
sufferer would be regarded as the victim of partial
and unequal laws, and a new and powerful argument
would be given to all classes of Repealers, via., that
the fundamental provisions of the Act of Union had
been violated and set aside, and that in a point in-
volving the life or death, the liberty and property of
an Irish gentleman, many years the representative of
an important constituency in the Imperial Parliament.
There are, however, additional grounds why mercy
should be extended, founded upon every circumstance
of the entire career of Mr. SMITH O'I3aIEN, before as
well as subsequently to the period when, through a
combination of untoward circumstances, he was hur-
ried into acts of open hostility to the constituted
authorities of the country. Previously to the
actual outbreak Mr. O'BRIEN at all times
repudiated the extremities to which his more
dangerous associates were inclined to proceed.
While Mercuen professed Republicanism, and de-
sired a total separation between the countries, SMITH
O'BRIeN only asked for what he believed to be a re-
storation of the Irish nationality, the repeal of the
Legislative Union between Great Britain and Ire-
land. Every sentiment he uttered bore the character
of affectionate loyalty to his SOVEREIGN, and even his
worst enemy never imputed to him the slightest hypo-
crisy, or a concealment of his inmost thought,-
It was clearly and distinctly proved that he repu-
diated the violence of MITCHEL, and the revolutionary
opinions to which he gave utterance, and that he re-
fused to remain a member of the Irish Confederation
unless MITCHEL sent in his resignation, which was
accordingly done. He was an ardent and enthusi-
astic Repealer, but although we differ toto collo from
his opinions on that subject, and as strenuously sup-
Port the Act of Union as hie was conscienti-