The Express. — 1867-05-27 (London, England)

THE CONI)ENNED 1/011ANS.  The real question, the Times says, is not confined to the case of Burke, but it is whether the extreme penalty of the law should be inflicted on any of the Fenian leaders. Deprecating the doctrine that high treason shall no longer he a capital crime, our contemporary argues that it is another thing, as in the present case, to remit the capital penalty where it would be a greater evil to enact it. The execution of Burke and his accomplices would want the sanction of the public conscience; and, in looking at the motives of the men, we are compelled to regard them as the victims of infatuation—criminal in a different sense and degree from ordinary murder. If this be the measure of their guilt from an English point of view, we may readily imagine what estimate would be formed of it by the lower classes in Ireland. Another argument is that the Fenian raid into Canada, which was a filibustering ex. pedition of the very worst kind, has furnished us with a precedent which cannot be easily set aside. It is by measures of prevention, and not by measures of vengeance, that Feuianiam must be overawed. Let us not mar the impression already made by its inability to contend for a single day with the civil authority. The strong expression of opinion in favour of the caeca. tion to which Lord Derby has unnecessarily committed the cabinet makes the situation, in the view of the J)aily hews, more difficult than before. On the one band, it will be under the temptation to execute Burke for the sake of its own reputation for steadiness and consistency ; and on the other, if it yields to the representations made to it, the good effect of a spontaneous exercise of the clemency of the crown will have been lost. Lord Derby says the American war is not to the point, because the secessioniats were so numerous and strong. His lordship must remember that in the autumn of 1849 the Austrian imperialists executed the Hungarian statesmen and generals who had been victorious in the field. If, after executing Burke, we should chance to look into the mirror of foreign contemporary opinion, we must expect to find our neighbours struck with the fact that while the Americans could clogs their terrible contest without • political execution, we felt it necessary to hang a man on account of an insurrection in which not one life was lost in defence of law and order.  The Standard has not the slightest sympathy with the plea for mercy, though it allows that as a matter of policy it may be prudent not to shed blood. The Post remarks that the remission of the sentence on Burke will practically amount to the abolition of the punishment of death for political offences in this country. If the government now alter their decision it will be in compliance with what they feel to be the general wish of the nation.  The Tdegrupk stater that at the meeting of the cabinet on Saturday it was decided that the memorial signed by members of parliament, forming a fair representation of the enlightened opinion of the United Kingdom, was too important in character to be resisted, and that communications on the subject should at once be made to her Majesty and to the Lord Lieutenant. This decision, the Tekgraph makes bold to say,is equivalent to a reprieve for the oonvict Burke. More than that, it amounts virtually to the establishment of • precedent which will rule in all future oases of alike kind. It is the repeal of the old practice which relentlessly exacted the lives of political offenders.