r, in cases of
misdemeanour, are not allowed, of course, but on probable cause shown
to the Attorney General; and then they are understood to be grantable
of common right, and _ex debito justitiae_. The crown, if every other
resource has failed the prisoner, has always the power of exercising
the most amiable of its prerogatives. Though the sovereign herself
condemns no man, "the great operation of her sceptre is mercy," and
the chief magistrate, in the words of Sir William Blackstone, "holding
a court of equity in his own breast, to soften the rigour of the
general law, in such criminal cases as merit an exemption from
punishment," is ever at liberty to grant a free, unconditional, and
gracious pardon to the injured or repentant convict.

We have now rapidly traced the progress of a criminal prosecution from
its commencement to its close, and we have given a summary of the
_ordinary_ proceedings on such occasions. Although it may be possible
that the practice of the courts in Ireland on minor points, should
occasionally differ in some degree from the practice of the English
Courts, we may, nevertheless, have rendered the proceedings now
pending in the sister isle, more intelligible to the general reader,
who may now, perhaps, be enabled to see the bearing, and understand
the importance of many struggles, which, to the unlearned, might
probably appear to be wholly beside the real question now at issue
between the crown and Mr O'Connell. Whatever be the result of that
prosecution, whether those indicted be found guilty, or acquitted, of
the misdemeanours laid to their charge; we feel assured, on the one
hand, however long and grievous may have been the "provocation," that
while there will be "nothing extenuate," neither will there be "set
down aught in malice;" but that the measure of the retribution now
demanded by the state, will be so temperately and equitably adjusted,
that while the very semblance of oppression is carefully avoided, the
majesty of the law, and the powers of the executive, will be amply and
entirely vindicated. On the other hand, if Mr O'Connell, and his
companions, in guilt or misfortune, should break through the cobwebs
of the law, and hurl a _retrospective_ defiance at the Government; we
feel the utmost confidence, that the learning, foresight, and ability,
of the eminent lawyers who represent the crown, together with the
firmness and integrity of the Irish bench, "_sans peur et sans
reproche_,"