The Sun.
London, England, 1850-07-08 00:00:00

exonerate the Home Government, as well as the
colonial authorities, from any desire to aggravate the
hardships incidental to the position in which he is
placed, or to treat a political prisoner with any undue
severity.
It was clearly and distinctly shown that Mr.
O'BarEN has only himself to blame for the annoyance
and inconvenience so loudly complained of, and that,
so far from exhibiting any unusual or unwarranted
severity towards him, the Government had permitted
indulgences not allowed to any other prisoner, and
were anxious, as far as practicable, to mitigate the
stringency of regulations that must prove very
vexatious to any person who had formerly occupied
a respectable position in society, and enjoyed the
comforts and luxuries which had at all times been
within Mr. O'BarEres reach.

It must not be forgotten that Mr. O'BRIEN had
been convicted after a long and impartial investiga-
tion of an offence—the highest known to the law—
which not only according to the criminal code in
force in this country, but in every civilized nation in
the world, subjected the offender to capital punish-
ment. The justice of that verdict was never
impeached. It could not be disputed that
he had aspired to be the leader of a
new revolution, and that he had organized an
armed resistance against the constituted authori-
ties, or, according to legal phraseology, had " levied
war upon the Sovereign." There were, however,
some technical points raised by the ingenuity of the
very eminent counsel by whom ha was defended.
These questions did not in any degree apply to his
moral guilt. They were, however, solemnly argued,
and if decided in his favour would have freed him

from the penal consequences of his deliberate violation
of the laws of the land. The judgment of the Irish

judges was, however, unanimously against the pri-
soner, and that judgment was approved and confirmed
without doubt or hesitation by the court of ultimate
appeal—the highest tribunal in the United Kingdom.
Mr. O'BRIEN'S life was therefore justly forfeited, and
none could have complained if the extreme penalty of
the law bad been carried into execution.

But the Government, to their honour, decided that
justice should be tempered with mercy. The rebellion
had been crushed ; its leaders were in the hands of

the authorities, but no victim was led to the scaffold.
Never before had such moderation been exhibited
under similar circumstances. The sentence of death
was commuted to banishment, so far as the ring-
leaders were concerned, while a general amnesty was
extended to minor offenders. On the arrival of the
prisoners in Van Diemen's Land tickets of leave
were, contrary to the usual custom, at once offered to
the parties, which would render them, at least com-
paratively, free; the only condition attached was, that
each should pledge parole not to take advantage of
the opportunities for escape that would be thereby
afforded. His companions gratefully availed them-
selves of the indulgence, gave the required pledges,

and were allowed to reside without restraint in

certain specified districts, and to earn their
livelihood by their own exertion, or to live on
their own:resources. Mr. O'BRIEN alone was obstinate.

He steadily refused to make any prom ice, or to enter
into any compact whatsoever. He was in their
hands; they might act towards him as they pleased ;

but he would not make the slightest concession.
What then remained for the authorities ? They
could not yield. They must either give a free and
unconditional pardon, or must detain him in the
prison and subject him to the discipline appointed for

convicts who had not obtained tickets of leave. The
latter course was adopted, but some especial favours
were shown, with regard to classification and dietary,

_
which were granted to no other prisoner. ,
It is now stated that Mr. O'BRIEN is prevented
from seeing friends or visitors, save under certain re-

strictions—that be is not permitted to purchase tea
or other articles of luxury from his private purse—
and that his correspondence is under surveillance,
every letter being inspected by the local authorities
before he is permitted to receive or forward it.
Granted. But what is the rule in this highly-

favoured country with respect to every person, how-
ever high his rank, who is convicted even of a
trifling offenco and sentenced to a short term of im-
prisonment ? Ile is not allowed, except on rare occa-

sions and distant intervals, to see, or even to com-
municate with his fritnds. He is limited to the
prison allowance, and no addition will he allowed,
unless by order of the medical officer as absolutely
essential to the preservation of his health ; and above
all, and even before trial, when he is presumed to be
innocent in the eye of the la x, every letter directed to

him is opened before delivery, and those which he
wishes to send must be handed unsealed to the gaoler,
to be carefully perused, and we believed copied before
it is forwarded.

In every point, therefore, on which corn

plaints have been preferred, Mr. O'BRIEN is

no worse off than any person who has
been committed to prison for a short time for the
most trifling breach of police regulations; and not
only is this the case, but even these restrictions will be
immediately relaxed if he chooses to accept the li-
beral proposition long since made to him. We
deeply sympathise with the unfortunate gentleman,
who we believe to have been perfectly sincere in his
professions, and to have been animated with ardent
although mistaken feelings of patriotism. We would
rejoice as warmly as any of his most intimate
friends at any further mitigation of his punishment,
but we cannot admit that the Government is deserv-
ing of censure for the course it has pursued, a course
which, in place of being marked with undue severity,
is deserving of the highest praise fur its leniency and
moderation.

As might have been expected, the Extramural
Interments Bill has been smuggled through the
Committee of the House of Lords with all its
objectionable clauses unaltered, and this measure,
legalising one of the most outrageous schemes of
clerical plunder ever propounded, will, in a few
days, become the law of the land. We have
received several letters expressing surprise and disap-
pointment at this result ; we must confess that we do
not share in those feelings. Those who know the
House of Lords know full well that any scheme, how-
ever unjust, however tyrannical, or however oppres-
sive, is certain to meet with the concurrence of
their Lordships, provided only it goes to increase the
rental of the landed aristocracy, or to put money in
the purses of the beneficed clergy of the Established
Church.