By the law of this country, the _species_ of punishment for every
offence is always ascertained; but, between certain defined limits,
the measure and degree of that punishment is, with very few
exceptions, left to the discretion of the presiding judge. Treasons
and some felonies are, indeed, capital: but, in the mercy of modern
times, the great majority of felonies, and all misdemeanours, are
visited, some with various terms of transportation or imprisonment,
which, in most cases, may be with or without hard labour, at the
discretion of the court. In these cases, the punishment is prescribed
by the statute law; but there are some misdemeanours the punishment of
which has not been interfered with by any statute, and to which,
therefore, the common law punishments are still attached. The case of
Mr O'Connell, which is now in abeyance, seems to range itself under
this head of misdemeanours. Such cases are punishable by fine or
imprisonment, or by both; but the amount of the one, or the duration
of the other, is each left at large to be estimated by the court,
according to the more or less aggravated nature of the offence, and,
as it is said, also according to the quality and condition of the
parties. That a fine should, in all cases, be reasonable, has been
declared by Magna Charta; and the Bill of Rights has also provided,
that excessive fine, or cruel and unusual punishments, should not be
inflicted; but what may or may not be unreasonable or excessive, cruel
or unusual, is left entirely to the judgment of the executive.

For crimes of a dark political hue, which, by their tendency to
subvert the government or destroy the institutions of the country,
necessarily assume a character highly dangerous to the safety and
well-being of the state, it might be difficult to say what degree of
punishment would be excessive or unusual. It seems probable, that in