The Press. — London, England, 1858-01-23 00:00:00

tbe be abandoned. It is the similar power which the Scotch courts possess which sent Mr. STEPHENS again on his travels. It is to that power that we owe those depositions on which the Crown must rely in its proceedings against the Directors of " the thing ironically " called the Royal British Bank." Nor must it be forgotten that a debtor who has obtained his certificate has obtained no immunity for absolute guilt. Ho is released by that interesting document from his debts, indeed, but not his crimes. If Mr. STEPHENS had succeeded in passing through twenty Courts of Bankruptcy, he would still be as amenable as ever to the Courts of Criminal Jurisdiction. We are far from saying that ho is within the scope of tbe Criminal Law, but we do say that no certificate could take him out of it. If the servant of a mercantile com pany (and the manager of a bank is no more) takes the funds of his masters without their knowledge, no certificate can save him from the consequences of theft. If he induces them to part with their money by false state ments, no certificate can bar an indictment for obtaining money under false pretences. If directors, who have misappropriated the money intrusted to them to their own pur poses, have hitherto escaped punishment— they have escaped, not because the Law of Bankruptcy is too lenient, but because the Criminal Law was till lately notoriously ani glaringly defective. It is a far more important question whether it he practicable in the present state of the Criminal Law to inflict punishment on direc tors who, by uniting to misrepresent the con dition of the property which they have mis managed, deceive the public into the same ruin in which their errors have already in volved the shareholders and themselves? But it is a question which it would be unfair to discuss while the prosecution against Mr. ESDAILE and his fellows is still pending. Still it is not, perhaps, too much to assert that any difficulty which there may he in bringing home their guilt to persons charged with such an offence is a difficulty of evidence and not of law. In other words the crime is one known to the law. It is a conspiracy which the law will punish. Whether it can be shown to conviction that the Directors of the Royal British Bank have been guilty of it, is what the event of the forthcoming trial alone can show. But whether they can or can not, their escape will not be due—nay, the very possibility of preferring such a charge with any hope of success must be attributed—to the examina tion to which they were subjected in the Court of Bankruptcy. The truth is that the real reasons why creditors shrink from the publicity which that court affords are merely personal. Creditors are but men, and are not desirous of publish ing the extent of their own losses. They feel pity for misfortunes in which as traders they may possibly themselves be some day in• volved. They not unnaturally shrink from the law's delay, arid from the incurring of costs which must be defrayed by the bank rupt's estate, and will inevitably diminish the dividend to be received from it. Abstract justice, the exposure and punishment of the fraudulent debtor, and the purification of trade—these are cer.ainly benefits, but they are benefits which perhaps the laws of human nature forbid us adequately tovalue. Order and security are valuable possessions, but no man ever volunteered to pay a police-rate. Lawyers are like tax-gatherers. There may be an equivalent for the payment to the one and the other, but it is not tangible, and, unlike the objects for which Sir Balaam ordinarily ex changes his cash, confers no superiority over other men. Houses, furniture, carrriages, are things which all men desire, but of which the purchaser has the exclusive enjoyment. The exposure and punishment of a fraudulent debtor are things which the creditors pay for, and the advantages of which all men share. They are benefits for which the public clamours, but to the cost of which it does not contribute. And it needs no conjuror to fore see that creditors will always decline to seek for them so long as they can only be obtained by taking ten shillings in the pound in lieu of fifteen, and so long as the community which garners the benefit declines to pay the reapers. THE PRESS, JANUARY 23, 1858. Sertigit lomsgonbenct. PARIS, January 21. THAT delicate question brought once more to the surface by the events of the 14th inst.—namely, the protection given to turbuLnt refugees by certain European States—greatly agitates the public mind in Paris. Indeed, it is the only subject of conversation in the salons, clubs, and cafes. No one blames England for generously giving hospitality to unfortunate exiles. But it is asked, " Cannot those generous feelings be carried too far ? and ought not some guarantees to be given that such hospitality should not be extended so as to permit conspirators to conspire, not only against the peace of Europe, but against the lives of crowned heads?" On the other hand, it is main tained that the law courts of England are open to all those who complain, and refugees are as amenable to the laws of England as are Englishmen. But it is replied that here an important preliminary is to be settled. What con stitutes a breach of those laws by an alien ? Assume that a dozen refugees in London plan a murder to be carried out in Paris, and that four of these go to Paris and put their project into execn tion,—is it a French or English crime, and ought the criminals caught in fingrante delicto to be tried only in France, or ought the accessories before the fact to be included as well as the real assassins ? The general opinion over here is that the crime would be a French crime, and that the criminals ought to be tried in France. But the supporters of the right of asylum say that the law of extradition cannot be put in force until proofs of complicity be given, and then the Government will act. Such an objection can scarcely be seriously main tamed ; and for this reason :—Supposing A should attempt to murder B in London, and then fly to Paris. Lord Clarendon immediately demands his extradition, not upon evidence sent to Paris proving the culpability of A, but simply on a police warrant. What course Lord Palmerston will take is not known in Paris, but great satisfaction is felt that a Republican Government has taken the initia tive. The Federal Council has requested the Go vernment of Geneva to order an inquiry to be made into the conduct and seta of the Italian refugees during the last few months. The Government of Belgium has suppressed one journal for approving the attempt to assassinate the Emperor, end the law is about to be enforced against such refugees as con spire against the life of a foreign sovereign. The speeches of MM. de Morny, Baroche, and Troplong are but the echoes of public opinion throughout France. The Emperor, who not only regards the English nation, but holds a high opinion of its laws and institutions, will not take the initiative in this delicate question, but leaves to the good sense of the Government and the loyalty of the people to act as they would be acted by. It is said to-day, but I know not with what truth, that two French refugees have been arrested in Brussels, accused of being connected with the late attempt at assassination. It is also said that the French authorities are in possession of certain documents which, should they turn out to be genuine, will greatly compromise many French refugees in England. No fresh arrests have been made in Paris. There is little to say on the Emperor's speech. It has created an immense effect in Paris, and indeed throughout the whole of France. The only point I will notice is that relative to the French press. People in England when forming an opinion on this question do so from the English point of view only. In England the press is divided on Liberal and Conservative principles, but all are steadfast in their loyalty towards and love of our gracious Sove reign on the throne. Iu France it is not so; the opposition of certain journals is not framed against. the acts of the Government, but directed to bring about a change of dynasty. Take, as an instance, the Spectateur, now suppressed. It is notorious that all tl e articles in this journal tended to bring about a fusion of the Legitimists and Orleanists party, in order by this united strength, not to dis place the Emperor's Ministers, but to drag the Emperor Napoleon from the throne. Have not all its efforts been lately used in endeavouring to lower the Emperor in the eves of his subjects, by causing it to be believed that. he had by his unwise policy brought France to an isolated position? That man, it is ad • witted, must have eyes that will not see, who for a moment can doubt of the intentions of the editor of the Spectateur. The Emperor was therefore justified in suppressing that paper, and it would have been an act of weak ness to have done otherwise: Then as to the suppremion of that republican journal, La Revue de Paris, the same argument stands good, but with this addition,—that had the views of that journal succeeded, not only would France have been deluged with blood, but the peace of Europe endangered. We are told that if the Emperor made the p ress . free, it would not conspire. Experience has pri,ved this not to be so. The press was free under Louis Philippe, anl yet the Na tional was suppressed, and the Tribune condemned 149 times to fines, and several of the editors imprisoned. At that time the Quotidiens4 conspired to bring back Henry V. by the droit dfoin The Gazette de France conspired to bring him back by the national voice. In short, the Republicans and Legitimists conspired so well, and were so grat e f u l for the liberty that they possessed, that poor Lo u i s Philippe, "le roi des barricades," was obliged to fly from France as Mr. Smith. The Emperor Napoleon is not the man to follow the example of Loui s Phi lippe ; he is determined to make France happy an d great, and to preserve the tranquillity of his people. The Emperor Alexander of Russia has sent his aide.de•camp, General Prince Paskiewitch, to Paris, with an autograph letter, congratulating the Ein. peror on his escape from the hands of the assassins. The Emperor of Austria has also sent an autograph letter by Prince Lichtenstein. The reception by the Senate and Deputies of the Emperor on the opening of the Legislative Assembly was most enthusiastic, and the cry of " Vive l'Empe reur !" would in England be called a hearty three times three. His Majesty was highly pleased, and felt that the felicitations he then received came from the heart. It was noticed that whilst delivering that part of his speech in which he mentioned the attempt on his life his voice never faltered for a moment, nor was there the slightest change in his countenance. When the Empress entered the salon—preceding the Emperor by a few minutes— such a burst of joy broke forth as was never before witnessed in aoy public assembly. Her Majesty was greatly affected, and shed tears—not of sorrow, but of emotion. The state ball at the Tuileries last night was most brilliant. There were from 1,0(X) to 1,200 persons present, amongst whom were almost every foreigner of rank now in Paris. Nearly all the members of the Legislative Chambers were present. Amongst the invited were MM. Darimon and 011ivier, the Republicans, now the members for Parts. The dancing was kept up until two O'clock in the morn ing. Their Majesties retired at one o'clock. It was noticed that the Emperor and Empress seemed in the enjoyment of excellent health and high spirits. They conversed with many of their guests. The absence of the Countess de Morny was much regretted. This lady is now confined with her first-born. The Paris brilliant winter season has commenced. The Duchess of Pozzo di Borgo receives company every Wednesday evening. The charming Baroness Delaware receives every evening ; her salons are generally filled with about 150 persons of the most distinguished of the elite. These salons are the rendezvous of all the European diplomatists. In short, Madame Delamare has replaced the Princess de Lieven. It is said that a fête on a magnificent scale is about to be given by the city authorities. The Turkish Ambassador is expected to leave Paris in a few days. He goes to Constantinople on private business. A funeral service was performed to-day in the Expiatory Chapel, Rue d'Anjou, St. Honore, in corn' memoration of the death of Louis XVI. Several noble families were present. P.S. It is said that the trial of the assassins will commence on the 14th February, should it not be found necessary for any further investigations arising from papers almost daily seized. Orsini is fast recovering. Pierri is in good health, and has made up his mind to meet the fato which awaits him. It is expected that he will make some most important revelations. HAVELOCK MONUMENT. THE committee appointed to receive subscriptions for the erection of a suitable memorial to the late General Havelock and his bravo companions in arms held their first meeting on Wednesday, when it was decided to invite the co-operation of the municipali ties of all the chief provincial towns in carrying out the object in view. It is understood that the Government have been applied to to grant a site in Trafalgar-square for a statue to be erected corresponding with that of Sir C. Napier on the west side of the square. The amount of the subscriptions has been pur posely left unlimited, with a view to afford to all classes the opportunity of doing honour to the memory of that great man, whose words after the battle at Bithoor most appropriately bead the adver tisement of the committee :- England shall sweep through the land. Soldiers! in that moment your labours, your privations, your sufferings, and your valour will not be forgotten by a grateful country. You will be acknowledged to be the stay and prop of British India in the time of her severest trial. .