effect. The observance of the law in the preparation of
the Jury-list had been culpably neglected ; ,• apparently because DOhad heretofore taken any interest in the matter : dead men's names remained on the list, and disqualified names ; while very many qualified persons were excluded. But the view,. of. the. Repealers was, that an enforcement of the law world place on the list more "Liberals" and Roman Catholics ; and at the periodical revision before the Recorder, law-agents at- tended to carry out the new: movement. . The opposite party had got scent. of the scheme, and their law-agents also at- tended ; so that the Recorder's revision-court seems to have become a scene soniewliatlike a Revising Barrister's. Luckily, the Recorder 'was- not Stirtled from his propriety by the disturb- ance : he refused to take cognizance of party or " sides 7; and his impartial aid in furthering the really needful work of purging and amending the list saved much of the scandal that conduct less de-' corous and adroit might have occasioned. It has not, however, concealed the disgraceful fact of a political struggle over the mate- rials for Juries, waged by the friends of parties under trial and. their opponents. The undoubted fact that the Jury-list was' vitiated, served the immediate object of the defendants : the Attor- ney-General admitted that the Jury should be, like Cresar's wife, not only pure but unsuspected; and he consented to defer the trial, to the 15th of January. That is some days earlier than the other side wished to make it, but still it accomplishes the main pur- pose. On the other hand, it does not appear at all to injure the posi- tion of Government. Mr. SMITH seems, like a 'sensible man, to take no notice of the censure heaped upon him except to profit by it: he now expressly recognizes his duty, not only to his immediate emphiyers, of tlie Executive, but to public ; he takes a more comprehensive:" view Of his function than its rrierely legal aspect ; and in Waiving' dry technicalities in favour Of more liberal constructions and sub- stantial justice, instead of weakening . he strengthens his positiOn., It is the business of the Government not only, to,see the law ep- forced and obeyed in its spirit, but to shew.that they are solicitous' solely to maintain the just spirit of established law : too petty an adherence to the letter of 'the law would imply that its spirit was forgotten or evaded. Mr. SMITH has redeemed much of the mis- take in blaring that he made in theearlier sittiges. of the prosecution. .111eatiwhile, we are not sorry for the delay.; on many grounds. It Must be an advantage to the Ultimate issue,' that the Judges are released for a time from the harassing trouble, which' 'mist have had its influence' on the judgment and temper of any human beings. Any air of Pereeention, into which unbroken and obstinate resistance to delay-inight haye, in appearance, degenerated, has bgen prevented. And, not the least advantage, the chief defendant, the veteran agi- tator, is released for a brief relaxation in the_ country before the more arduous labours of the defence. It.was said that Mi. O'CON* NEEL'S health bad begun to suffer ; and, whatever the upshot of the proceedings may be, we believe that most-people would regret any permanent injury Of that kind and from these proceedings to his 'declining years. 'Another regret frequently:recurs to us. The ' O'Connell com- pensation " has actually reached an enormous amount. Of course it Will be spent in further agitation and the contingent expenses of: the law : but had such sums as Mr. O'CONNELL has received in - compensation for the loss of his professional emoluments, latterly been devoted to obtaining for him a permanent and independent • income, much of the perhaps unconscious motive to mischie- vous agitation might have ceased. For stich a purpose, we be- lieve that a " compensation " could have been raised in England • as well as Ireland. It may not be the aptest time to talk of such a thing: yet it would be mere affectationto regard O'CONNELL as a common criminal ; and thoughts will enter one's head without respect of time or etiquette.
