protracted contest, and they are all equally groundless.
First, Mr O'Connell was not to be arrested: it was impossible and
absurd to suppose it. Next, _being_ arrested, he was not to be tried.
We must all remember the many assurances in Dublin papers--that all
was done to save appearances, but that no trial would take place.
Then, when it was past denial that the trial had really begun, it was
to break down on grounds past numbering. Finally, the jury would
never dare to record a verdict of guilty. This, however, being
actually done, then was Mr O'Connell to bring writs of error; he was
to "take the sense" of the whole Irish bench; and, having taken all
that, he was to take the sense of the Lords. And after all these
things were accomplished, finally (as we then understood it) he was to
take himself off in the direction pointed out by the judges. But we
find that he has not yet reconciled himself to _that_. Intimations
come out at intervals that the judges will never dare to pass any but
a nominal sentence upon him. We conclude that all these endless
conflicts with the legal necessities of his case are the mere
gasconades of Irish newspapers, addressing themselves to provincial
readers. Were there reason to suppose them authorized by the
Repealers, there would be still higher argument for what we are going
to say. But under any circumstances, we agree with the opinion
expressed dispassionately and seasonably by the _Times_
newspaper--that judgment must be executed in this case. We agree with
that journal--that the nation requires it as a homage rendered
necessary to the violated majesty of law. Nobody wishes that, at Mr
O'Connell's age, any _severe_ punishment should be inflicted. Nobody
will misunderstand, in such a case, the mitigation of the sentence.
The very absence of all claim to mitigation, makes it impossible to
mistake the motive to lenity in _his_ case. But judgment must be done
on Cawdor. Two aggravations, and heavy ones, of the offence have
occurred even since the trial. One is the tone of defiance still
maintained by newspapers under his control. Already, with one voice,
they are ready to assure the country, in case of the sentence being
incommensurate to the case, that Government wished to be severe, but
had not courage for the effort; and that Government dares not enforce
the sentence. The other aggravation lies in this--that he, a convicted
conspirator, has presumed to take his seat amongst the senators