The Press. — London, England, 1858-03-06 00:00:00

V 222 had the means of so dealing with such supposed offenders, might consider that we exercised an unfriendly part in not using those powers. Still the answer is plain and obvious. Although the law provides remedies for all those shades and colours of crime, yet the law cannot be put in force until the crime is established. ( Hear, hear.) Intention, unaccompanied by any overt act, so long as the intention remains in the mind of the party alone conceiving it, affords no ground for prosecution. Of the great number of those whom misfortune has driven to these shores the vast pro. portion I firmly believe are honestly and honourably ob taining a living in this country, and are performing the duty of peaceful citizens. ( Hear, hear.) Others there are, no doubt, who are engaged in pursuits which are of a menacing and dangerous description ; but, ai I have already said, these persons are all amenable to the law — if even the law does not provide a sufficient remedy—the moment that you have sufficient evidence to satisfy a jury of their guilt. But with us intention is not crime—sus picion does not warrant the punishment of crime, and notoriety is a word which is not recognised in the language of British justice. (Hear, hear. ) It is, I think, owing to the total difference between the law in this country and in France in this respect that some misapprehension has been excited in France as to what the Government of England ought to do to meet cases of this description. Now, Ido not hesitate to say that it is the duty of Government, so far as it is in its power, carefully to watch the proceedings of persons who may justly be suspected of illegal practices ; nor do I doubt that the late Government—or any Government that was ever formed in this country—would do its utmost, subject to the laws of this country, to protect a friendly nation against machinations and attempts like this ; but in every ease the evidence of guilt must be such as would satisfy a jury. (Hear.) To that tribunal every case must necessarily be brought. Before that tribunal the Queen herself is bound to plead ; to that tribunal she appeals for the vindication of her rights, for the protection of her person ; and it is, in fact, so incorporated with our judicial system that I cannot for a moment be lieve that it would enter the mind of any foreign Sove reigu to suggest even the possibility of an alteration in that respect in the jurisprudence of the country. (Hear, hear.) What, then, was the coarse taken by the late Govern ment so soon u intelligence was received of the attempt— and of the happy "failure " of the attempt—upon the life of the Emperor of the French? tier Majesty's Govern ment—l think very properly —directed their immediate attention to the consideration of the question whether the existing law was adequate for the . protection of foreign Sovereigns, or whether some more adequate provision might not be called for. With this view they introduced into Parliament a bill, of the merits of which 1 shall at present say nothing. The first reading of that bill was secured by a very considerable majority of the House of Commons; but, most unfortunately, as I think, simul taneously with the introduction of that bill a despatch was read from Count Walewski which was unanswered at the time by her Majesty's Government, and which was laid before the public without either answer or explanation. (Hear, hear.) My lords, I will not refer to any terms which are contained in that despatch. I have no doubt that it was the wish and sole intention of Count Walewski to draw attention to the state of our law, and to ask whether that law was sufficient for the exigencies of the case, and, beyond question, if those views had been founded on a correct view of the cue, there would have been serious imputation on the law of this country. I think, it her Majesty's late Government had felt themselves bound to accept this despatch, that they would have acted more for the interest of the cause in which they were engaged if—not entering into argument, controversy, or discussion —they had pointed out to the French Government the misapprehension into which they appeared to have fallen. (Hear, hear.) It is idle to deny that the production of that despatch did produce a moat unfavourable impression upon the discussion in Parliament. At the same time don't let me be misunderstood. It is most insportent to bear in mind that the vote at which the House of Commons arrived had no reference whatever to the merits of the bill which was thrown out upon the second reading, and that tier Majesty's Government after that vote, if they con sidered it advisable so to do, were just as free as before to press the second reading of the bill. It is indeed impossible to deny that the introduction of that new element into the discussion interfered in a considerable degree with a calm, impartial, and deliberate consideration of the mea sure itself. But what was the resolution that the House of Com mons came to on the 19th of February ? Was it a reso lution hostile either to the principles or the provisions of THE PRESS, MAncH 6, 1858. the bill—was it a resolution adverse to all change in the criminal law of the country—was it a resolution which would give the slightest countenance to the atrocious act of conspiracy to murder ? No ; the resolution was this : That this house hears with much concern that it is alleged that recent attempts upon the life of the Emperor of the French have been devi-ed in England, and expresses its detestation of -uch guilty enterprises ; that this house is ready at all times to assist in remedying any defects in the crim,nal law which, after duo investigauon, are proved to exist. yet it cannot but regret that her Majesty's Government, previously to inviting the house to amend the law of conspiracy by the second reading of this bill at the present time, has not felt it to be their duty to make some reply to the important despatch received front the French Government. dated Paris, January 20, 108, and which has been laid before Parliament. The question, therefore, was not one as between Parlia ment and a foreign country. It was emphatically a ques tion as between Parliament and the Ministers of the Crown. ( Hear, hear.) Upon that resolution being carried her Majesty's late Government resigned office, and the first duty which the present Government had to perform was to consider what course they should take with reference to the state of affairs which had been produced by that deci sion of the House of Commons. My lords, her Majesty's Government came to the reso lution, upon which they will feel it to be their duty to act, in full conformity With the votelof the other House of Commons and on terms of friendly conciliation, to point out to the French Minister the misinterpretations and misconstructions which have been placed upon his de spatch, and in the most amicable manner to request of him an explanation which may remove the painful impression now prevailing among the English people. (Cheers.) If I know anything of the friendly feeling which his Imperial Majesty has at all times shown to this country—if I know anything of his earnest and cordial desire to maintain the British alliance, which is as beneficial to the one nation as it is to the other—if I bear in mind how ready he has always been to listen to representations and counsels given in a friendly spirit and made in a friendly quarter —I am led to enter tain the sanguine hope that the answer to the despatch which my noble friend the Secretary of State for Foreign Affairs has undertaken to prepare and to transmit to France will be such as to remove from the minds of the people of this country all irritation, and enable ns calmly and deli berately to proceed to the consideration of the important question of the amendment of the law. ( Hear.) It is, of coarse, not desirable that I should enter into farther de tails upon this subject at the present time. The course which her Majesty's Government may deem it their duty to pursue must in a great measure depend upon the cha racier of the reply which they may receive to their friendly communication; but I say without hesitation that in the neantime it is their bounden duty—and it is one which they will not shrink from performing faithfully and vigo rously—to put in force the existing powers of the law for the purpose of checking by the strong arm of the law these dangerous and alarming conspiracies. (Cheers.) At the present moment—and I speak therefore under some lifficalty, because I should be very unwilling in the slightest degree to prejudice the cases which are now pending before the courts of justice—proceedings are being taken against a person named Bernard as a party concerned in the 'conspiracy which led to the recent at tempted assassination of the Emperor of the French. Another person, and I blush to say it, a British subject, is now a fugitive from justice under a siinilar charge. Against a third person, for the publication of • work containing instigations and incitements to assassination, proceedings are pending before a British court of justice; and no further back than fort}-eight hours ago the attention of her Majesty's Government was called to another publica tion of a similar character, but, as it appears to me, of a still more violent tendency, and that publication also has been without a moment's hesitation placed in the hands of the law officers of the Crown. Should their opinion be that it affords reasonable and legitimate grounds for pro secution, her Majesty's Government will not hesitate for a single moment in putting in force the existing powers of the law. ( Hear, 'near.) For, my lords, with all my de sire to maintain inviolable now and for ever, tinder all cir cumstances, that right of asylum to refugees which it is the pride of this country to afford, without distinction of cause, of principle, or of opinion, Ido say it is an in tolerable grievance that persons who owe their life and their safety to the protection which we afford them should basely and ungratefully reward this country for the shelter and asylum it gives them by a course of conduct, by pub lications, by instigations to crime which may have a most dangerous tendency towards embroiling England with one of its most faithful and also one of its firmest allies. (Cheers.) My lords, if upon the present occasion I were address ing your lordships at the commencement of a new session' „_- and after having with my colleagues had leisure to con sider during the recess the measures to be submitted for the consideration and approval of Parliament, I should of course feel it to be my duty to lay shortly before you what the measures were to which your attention was to be called. But your lordships must be aware that, from the shortness of the time which has elapsed since we accepted office it has been impossible for us to prepare anything like a pro. gramme of business to be laid before Parliament. The attention of the other house must no doubt be occupied for a considerable time with making those financial Sr. rangemeuta which are requisite at this period of the year for the purpose of carrying on the business of the country. There is, however, one measure to which I think it my duty even at this early stage to advert, becanse it is .i measure which, upon full and anxious consideration, her Majesty's Government have determine I to introduce to the notice of Parliament. My lords, it certainly was my opinion, and it was the opinion of moat of those with whom i have the satisfaction of acting, that while the state of India was such as it is at present—while a revolt, or rather an insurrection, was raging in a considerable pot. tion of our dominions in the East—it was not expedient to divert the attention either of the Government or of the East India Company from the consideration of the matters which were immediately pressing to a discussion of any change in the constitution of the Executive Administra• tion at home. But, my lords, the House of Commons, by a very large majority—a majority, I believe, of 147 members in a full house—affirmed the proposition that it was desirable to consider the question immediately, mainly with the object of transferring to the Clown the authority hitherto exercised by the East India Company. I think that vote materially altered the position of affairs. It placed the Company in such a situation that they could not, after it passed, command the same amount of public con fidence and of public support as they were entitled to re ceive previous to the decision cf the House of Commons. Therefore, my lords, after the best and matureat considera tion which we can give to the subject, it is the intention of her Majesty's Government to introduce a measure, which is now being prepared by my noble friend the Pre sident of the Board of Control, which we trust will effect most of the objects contemplated by the bill of the late Government, and which we hope will at the same time be free from some of the objections attaching to that project. Of course, it would not be expedient fur me to enter int* farther details upon the present occasion—the measure indeed, is not yet framed—but I think it my duty to say, even at this early period, that in the course of the present session it is our intention to deal with the question of the Government of India, and we hope also to pass a just and satisfactory measure. (Hear, hear.) My lords, it would be idle for me to enter into any general description of the opinions or the views which I hold upon public affairs. Such abstract declarations of policy are in point of fact of little or no use. They are mere words which may be construed into any sense, or, as sometimes happens, into no sense. (Hear, hear.) I can only say, my lords, that the policy of the Government to which I belong will be that which I hope might naturally be expected from the composition of the Administration — viz., that while we firmly and strenuously maintain the great institutions of the country, we shall not hesitate to propose and support measures of undoubted improvement and progress, and to introduce, whenever necessary, safe and well-considered amendments. ( Hear, hear.) My lords, there can be no greater mistake thau to suppose that a Conservative policy is necessarily of a stationary character. ( Heat, hear.) We live in an age of constant progress—moral, social, and political. We live in a time when art and science are making rapid strides, when know• ledge is daily more and more widely diffused. Our Con stitution itself is the result of a series of perpetual changes. Like the venerable old country•houses of England, it has been formed from time to time by successive occupants, with no great regard to architectural uniformity or rep• larity of outline, bat adding a window here, th r owing out a gable there, and making some fresh accomm odation in . another place, as might appear to suit, nut the beauty o f the external structure, but, what is of more it:vomit:ice, the convenience and comfort of the inhabitants. My lords, in politics, as in everything else, the same course must be pursued—constant progress, improving upon the old system, adapting our institutions to the al• tered purposes which they are intended to serve, and by judicious changes meeting the increased demands of society. This leads me, my lords, to the last question upon which I shall have to trouble your lordships—ore of s greet importance and of great difficulty, but one which it is the duty of her Majesty's Gotrentinent to consider. I wean 1 11111 con• I for ld of what died. tnesa ce, it pro. The spied ii at. year wry. troy Lisa , lot :e to I my with the t pot- nt to the titers any istre- tons, 147 hat it ority hiolt It not, eon- re- 3011S. dere- atiow sure, Pre- !ffect late e be iject. int* tare say , sent the and any ich I a of r are r, as can it to rally )n — the to to tent safe pose nary taut into 2ow- on- iges- bas equ• out i in r ice, rata. IMO lug by of pon rest the OSA saw