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

THE SUN

Olicening

LONDON, MONDAY, JULY 8, 1850.

To-morrow evening Mr. LOCKE'S motion for re-
scinding the order relating to
.Post-office Sunday de-
liveries will enable the House of Commons delibe-
rately to decide between the dictates of common
sense and fanaticism. If we are to build up our con-
jectures as to the result of the Honourable Member's
proposition upon the only rational foundations—those
of a calm and dispassionate exercise of the most ordi-
nary judgment—we shall not remain in much doubt
as to the course which will be thereupon adopted by the
popular branch of the Legislature. One considera-
tion must be self-evident to the least refleetive among
our representatives, and this consideration is
moreover, of a character most intimately affecting their
retention of their seats in Parliament—we mean the
consideration that their votes to-morrow night will
be most closely scrutinised by their respective con-
stituencies. Upon those votes their return at the
next general election is mainly dependent ; for if the
subject about to be brought under discussion is not
one of a nature involving the adoption or rejection of
any grand scheme, either of internal or international
policy, it is one of a yet greater significance to the
vast bulk of the communit3 —being immediately cal-
culated to influence the comfort, the conve-
nience, and the pockets of the population. In
reference to this question of the Post-office
Sunday deliveries, the public at large are actuated
by the most resolute determination to withstand
the retrogressive movement of superstition. If there
is one vice more detestable than another in the view
of the multitude, it is that of cant or religious hy-
pocrisy. Let that Let be borne in recollection by
our Legislators, and let i; not be forgotten that the
people who feel the most strongly opposed to these
fl grant acts of the Sabbatarians are the mass of the
ten-pound householders. The saints, it is true, have
loaded the tables of both Houses with petitions in
favour of the principles advocated by Lord
ASHLEY and his associates, but—the circum-
stance is worth remembering—it is not electors
alone who can, or do, put their signatures to a peti-
tion. Recent disclosures have shown what little im-
portance can be attached to these very specious docu-
ments. It has been demonstrated in rather painful
colours that in many instances they are the results
either of fraud or intimidation. As to their expreas-
ing the real sentiments of the community the mere
notion is altogether preposterous. We obtained a
lamentable proof not very long ago that the
most formidable looking petitions brought
under the consideration of the Houses
of Parliament, may be, and occasionally
have been the accumulated scrawl of pot-boys and
ticket- porters, collected at the street corners, and in-
terspersed at intervals by words of the grossest in-
decency, the lowest slang, and sometimes by epithets
of the most blasphemous description. We would not,
of course, intimate that such are the disgraceful
characteristics of the various petitions forwarded to
the Lords and Commons, in the name and on behalf
of the so-called SAbatarians. We mention an ac-
knowledged and notorious fact in relation to these sup-
plicatory papers. simply in testimony of the valueless
nature of many of these petitions from the supposed
population. Doubtless, among those who have in-
scribed their names upon several of these documents,
many have been instigated to do so by the purest mo-
tives, and by feelings of the most conscientious since-
rity. But many also, it is well known, and those consti-
tuting the majority, have either been intimidated into
so doing, or have assumed to themselves a representa-
tive character to which they were by no means entitled.
For example, in one or two of the Scottish cities and
horoughs, men have come forward and petitioned
Parliament in the name of large classes of the
community—and those classes of the com
munity have, meanwhile, sympathised not in the
slightest particular with their proceedings One
or two medical men, for instance, have pertly spoken
to the Government or to the Legislature in the name
ef the physicians of a wide and populous locality—
trose physicians being at the very time in profound
ignorance of their chicanery and machinations ! It
has been over and over again, in regard to divers
trades and professions, the illustration of the old story
of the three tailors of Tooley-street calling themselves
the people of England.
Another consideration of very striking and sig-
nificant importance is entitled to the serious attention
of the Parliament and of the Government. We allude
'o the consideration as to what would be the course
pursued in regard to these Post-office Sunday deli-
veries during time of war, or in case of invasion.
Where would be the regulation of the day of unin-
terrupted repose under such an extraordinary pres-
sure of circumstances ? And if under ordinary cir-
cumstances the transmission of intelligence on the
Sunday is sinful, equally ainful would it necessarily
be under these or under any other extraordinary
circumstances : the deduction from all which is of
course sufficiently obvious. It is sufficiently obvious
chat the pious project o' the saints is altogether
im-
practicable, and that it cannot pass scatheless through
the old ordeal of the reductio ad absurdum. What
would be allowable in time of war cannot, of course,
be culpable in time of peace,', consequently, if, in the
event of an invasion, it would be allowable to send
intimation of the landing of foreign troops on any
portion of the coast up to the seat of Government, it
must be equally allowable at any period, and under
any position of affairs, to withstand this intolerable
scheme of a periodical stagnation. The logic of the
thing is clear and unanswerable. Religion is as much
religion to belligerents as it is to the most pacifically
disposed.

As a glaring evidence of the feeling entertained,
upon the subject of tbese Postal restrictions
population of the metropolis,to the pub-
lic meeting convened this evening, at
o
we may refer by the
seven o'clock,
in the London Tavern, presided over by Do
IMLAS
JERROLD, a man of large popularity. We would
especially call the attention of Hon. Members to the
fact of this assemblage of citizens in the heart of the
British capital, seeing that it is the last public mania
festation of the real sentiments of the community,
upon the question at issue—sentiments which we are
satisfied must be echoed to-morrow evening, in the
House of Commons, by a large majority of the poor.
lar representatives.
Many complaints have recently been preferred, as
well in public journals as in the popular branch of
the Legislature, with respect to the alleged ill-treat-
ment to which Mr. SMITII O'BRIEN ba4 been sub-
jected since his arrival at the colony which has been
selected as the scene of his exile. Mr. Cnisinoest
ANSTET, on Tuesday evening, brought the subject
under the consideration of the House of Commons by
moving for an inquiry into the circumstances
under which a letter, addreQsed by the unfor-
tunate and misguided gentleman to a Member of
Parliament, bad been intercepted and opened in
Van Diemen's Land by the local authorities. The
discussion which then took place will be eminently
useful, as it must completely remove any unfounded
impressions that may have been entertained with'
respect to the course of discipline and line of conduct
F untied towards that gentleman, and mud entirely

LONDON,

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'BurEra 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'BatErf's 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, bad " levied
war upon the Sovereign." There were, however,
some technical points raised by the ingenuity of the
very eminent counsel by whom he 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'Butztes life was therefore justly forfeited, and
none could have complained if the extreme penalty of
the law had 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 bands 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 his 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 iee, 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 offence and sentenced to a short term of im-
prisonment ? He is not allowed, except on rare occa-
sions and distant intervals, to see, or even to com-
municate with his frig rids. He is limited to the
prison allowance, and no addition will be 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 lax, 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 com-
plaints . have been preferred, Mr. OTatnsi 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
in.mediately 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 bas 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
Fitermonts 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. Tnose 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.