§ THE EARL OF CLARENDONMy Lords, I desire to put a Question to my noble Friend at the head of the Government with respect to a subject which, during the last few days, has painfully occupied public attention. I allude to the case of the condemned Fenian prisoners. I feel quite convinced—as I am sure your Lordships do—that their case has been considered not only with the greatest care, but with the deepest anxiety, by Her Majesty's Government, and that every argument for and against the expediency of extending the Royal prerogative of mercy to the criminals has been scrupulously weighed, and that it must have been only from an imperative and overwhelming sense of duty that after personal conversation with the Lord Lieutenant he was instructed to forbid any hope that the convict's life would be spared. Public feeling, however, has—at least so far as respects this country—become so strongly excited since that announcement was made, that it is no exaggeration to say that general and almost unanimous satisfaction was felt when it 1099 was known on Saturday that my noble Friend had informed the deputation of Members of Parliament which waited upon him that the arguments they had adduced in favour of mercy would be considered by the Cabinet. Now, my Lords, if the result of that consideration has been such as to justify my noble Friend in advising Her Majesty to exercise her prerogative of mercy, I am sure there would be no person who would feel more relieved at that result than my noble Friend himself, and that he would be glad to take this opportunity—the first that has presented itself—of informing us of that decision.
§ THE EARL OF DERBYMy Lords, I can assure my noble Friend who puts this Question to me that he has not, in the slightest degree, overrated the deep anxiety which I and my Colleagues have felt in taking into consideration this most painful subject. I do not believe that any person who has never experienced the awful responsibility of deciding on the life or death of a fellow-creature can duly estimate the anxiety felt by Her Majesty's Government in dealing with this case — the pain with which they came to the conclusion that there was nothing in the circumstances of the case to justify the exercise of the prerogative of mercy, and the corresponding feeling of relief when, not only by the re-consideration of the case, but by the consideration of the general public feeling and opinion of the country, we were enabled to come to the unanimous conclusion that we were justified in advising Her Majesty to exercise Her Royal prerogative of mercy. To our united representation we received Her Majesty's gracious approval at a late hour last night. My Lords, the life of the convict Burke will therefore be spared. I am sure not one of your Lordships can rejoice more sincerely than I do that we have been enabled to come to that conclusion. We have not done so without experiencing extreme doubt and extreme difficulty. In the circumstances of the case itself we sought in vain, when we came to our decision on Wednesday last, any circumstances which might be regarded as mitigating or palliating the guilt of the unhappy convict. It is very easy to talk lightly of such matters—to say that there is little guilt in political offences, and that allowances should be made in respect of offences of that description. But, my Lords, this was no ordinary political offence—it was not a case arising out of civil war, in which 1100 passions and strong feelings are excited, in which interests and principles are involved, and in which all parties are bound in the end to look with tenderness upon the conduct of those who have been worsted; it was a case of unprovoked attack upon a peaceful community and of violation of the rights of hospitality which the convict enjoyed as a citizen of a friendly country. Burke was in Ireland as one of the chief organizers of a treasonable conspiracy, the criminality of which was only equalled by its absolute folly and insanity; he proposed to levy a war in Ireland, and no thanks are due to him and his fellow conspirators that the country was not deluged with blood in consequence of his acts. If, my Lords, Her Majesty's Government had not promptly met the first indications of treasonable conduct, the slightest appearance of success on the part of the malcontents might have produced a state of things the horrible results of which can be hardly conceived of. And, as it is, the course pursued by these criminal men has had the effect of creating universal panic throughout Ireland, of breaking down confidence between man and man, of subjecting a large portion of the country to loss of property, to insecurity of life, to the necessity of taking steps for self-preservation, of producing, in short, a state of things which has put back the increasing prosperity of Ireland for I know not how many years. And Burke's was no trivial offence; he was not only one of the original promoters of this conspiracy, which has been carried on for many months, but he actually appeared in arms at the head of a body of men who ventured to meet Her Majesty's troops; and the fact that no blood was shed, that no serious calamity occurred upon that occasion, is attributable only to the panic which seized his wretched followers and caused them to throw down their arms the moment the troops appeared and take refuge in flight—Burke himself being discovered concealed in the ditch of a field in which he had taken refuge. In all this I can see no palliation, no mitigating circumstances; and looking to the alarm which has been created in the country and the serious consequences attending it, and, considering the protection which peaceable subjects have a right to expect from Her Majesty's Government, we felt that we might be open to censure if we abstained from making an example—that it might lead to unfortunate results—that we might be failing in our duty if we refrained 1101 from giving that protection it is the duty of a Government to give—if we refrained from making a signal example of the principal offenders. We therefore, at a meeting of the Cabinet on Wednesday last, looking to the circumstances of the case alone, saw no grounds for mitigating the sentence, and with pain and reluctance, we advised Her Majesty to let the law take its course. But I* am happy—indeed, most happy—to say that between Wednesday and Saturday we received such strong representations from various quarters entitled to the highest respect that it was the almost universal feeling of the country that it would be most desirable if the prerogative of mercy were not upon this occasion withheld; we had such assurances from those who are most conversant with the feelings of the Irish people that, whereas on the one hand the infliction of extreme penalties might create terror, it would at the same time create irritation and exasperation, and, on the other hand, that, considering the complete exposure of the absolute folly and insanity of the contemplated revolt, the extension of mercy, even to this most culpable man, might have a beneficial effect upon the warm and grateful hearts of the Irish population generally. That we yielded not more from our own anxious desire to find just grounds for exercising the prerogative of mercy than from the feeling that in doing so a vindication of our conduct would not be required of us by the country. In deference, then, to a strong public feeling, and in contemplation of the beneficial results which might attend the exercise of mercy, and, on the other hand, the extreme doubtfulness of the consequences which might result from withholding it, we felt justified in expressing to Her Majesty our unanimous opinion that the prerogative of mercy should be extended even to this extreme case. We may have erred, but if we have erred in extending mercy to this criminal we have erred on the side of leniency, and on that side, I am sure, our recommendation will meet the favourable consideration of your Lordships and the indulgent approval of the country.
§ THE EARL OF ELLENBOROUGHMy Lords, I can only express a hope that the saving of the life of this great criminal will not materially add to the dangers which always surround the lives of the good and loyal among Her Majesty's subjects in Ireland.
§ THE EARL OF DERBYMy Lords, in 1102 the observations I have made I omitted to state that subsequent to the determination of Her Majesty's Government we received a letter from the Lord Lieutenant of Ireland stating the feeling that prevailed in that country, and conveying his strong recommendation that we should advise Her Majesty to spare the criminal.