Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1875-03-25

a member Of this House" This reso-
luton was adopted by majority of
167, the Liberals being in favor of
delaying action in the matter, or re.
ferring it to a committee.
Until within the last half century,
convicted felon, by the law Of Great
Britain, would bave been disq ualified
during his whole after life. He could
not hold real or personal property,
give evidence as witness, or ENJOY
any civil rights. Humane statutes
were subseq ently passed relieving
felons from these penalties, but it is
now essential, in order to remove
Felon's $ disability, that he be pardoned
by the Crown or endure the punish
ment to which he has been sentenced.
In behalf Of Mr.. Mitchell, the lngeni-
Gus argument has been advanced by
a distinguished Irish lawyer, DR..
Butt, the present member for Liner
lex, that Mitchell in reality, notwith-
standing his escape, had suffered the
sentence OF transportation that the
sentence imposed only meant actual
banishment for the term Of fourteen
years, and that as ne had remained out
of the country during that length Of
time, the sentence had been fulfilled.
Mr.. Disraeli pronouncesrthis a quib-
Bile. Transportation, he says, is not
merely exile; it involves duress, and
| necessarily discipline end imprison-
ment, however extended the bounds
which are permitted by a lenlent
Government.
An explanation has now been given
why no attempt mas been made to ar
rest the Imam for Tipperary," as his
electors call him. 1t seems that it
, is extremely doubtful whe her he
could be recommitted to prison. The
Acknowledgement of England, Sil
Richard Baggally, says that the act
passed in the reign of George ~.
which applied to Ireland and impose,
a penalty for being at large before
the expiration OF a sentence for trans
portation, inflicted the penalty only
in the case of convicted telons tounc
: unduly at large in the United King
. dom, although by the corresponding
act dealing with such an offence ate
= . eentance nassed by an English o
Scotch court, the felon could be ap
. pretended if found in any part G
. the Queens dominions. Therefore
;, in his opinion John Mitchell, havin
J been convicted under the Irish ac
p did not commit fresh offence by be
: . ing at large in Van Dieman's Lar
: ): before the expiration Of his sentence
y Escaping from prison, however, is
J misdemeanor at common law, but th
:. :. punishment would be SO light that b
= thinks no one would arrest NJ
;. Mitchell.
re Z The question of, Of his inellgybllIt
e viii, in all probability, soon code b
- fore theIrish Court OF Common Plea
n. a tribunal whose judicial decision
,r have won respect in both Englan
"a and Ireland. His friends in Tipp
j. rary have again nominated him.
,e represent their county, and on Mitcl
r. els election, it is understood that t!
10 opposing candidate will petite
d against his being returned, allegir
at his disqualification to sit. The pet
- - ton will be heard before the Cor
ID ID mon Pleas, and the mooted questic
re will then be finally set at rest.
Is. 1t would seem nm auomalo
us conditions Of & the law when ]
# man cannot be arrested for havil
ds escaped from imprisonment or ma,
Sc to serve the as vet unexpired part.
RS, his sentence, but at the same time
as HELD to be forever incapacitated fro
,r- the exercise of civil rights.-M
IL Sl1s. g..