The Press. — London, England, 1858-11-27 00:00:00

THE PRESS, NOVEMIIERf, 27, 1858. 1150 ment" the chronicles of antechambers, the atmosphere charged with servile and corrupt miasma," and whether he did not mean by saying that he went " to breathe an air more pure, and take a life bath in free England," as an attack on the institutions of his country. M. de Montalembert said he meant no attack in the sense implied by the law ; he merely stated certain facts, and it could be only by misin terpretation that such meaning could be attached to it. He was asked whether in another of the incri minated passages he did not mean an attack on universal suffrage, and on the rights the Emperor held from the Constitution. M. de Montalembert declared that his meaning was quite clear ; he meant merely what he said—that he did not want to con vert "men of progress" who differed from him—and those who thought with him : he merely stated a fact, and nothing more. He was asked whether he did not mean to affirm that France had lt.st her freedom, when he says that "In Canada a noble French and Catholic race of people, unfortunately torn fton. our country, but remaining French in heart and in manners, owes to England the preservation or the acquisition, with entire religious liberty, of all the political and muni cipal liberties which France had repudiated," &c. He said he simply stated an historical fact, with which every one was acquainted, and which no one could deny. Surely there was no attack on the Imperial Government by saying that it was France herself who repudiated those institutions ! He was asked whether he did not mean an attack on the laws, in the sentence ending, " where no one speaks but by permission, with the salutary terror of an avertissement if he venture ever so little to cen sure the ideas of the Government or of the mob." He said that be simply stated the fact that aver. tissenaents were given by authority in the cases alluded to. He was ask 1 a few more questions to the same purport, and then was allowed to resume his seat. undertake the task as he could not speak of himself in the terms in which he ought to be spoken of. It is fur us to fulfil this duty ; it is for us, who have been mixed up (metes) with him in the great agitation and the great scenes of political life; fur us, who in dif. ferent camps, on opposite benches, have sometimes not been able to agree as to the course to pursue, but who hold it an honour to declare that on all occasions, as well as to-day, we have desired to maintain the funda mental principles of order and liberty, of which he was the eloquent defender. Yes, in the midst of political terrors, we were fully united. We had the same feelings—to save society, but save liberty likewise, and it is with the same motto, the same battle-cry, t'tat I come to repel an unjust, un- founded, imprudent, and ill-timed accusation : I was going to add rash. It will be an easy task for me, gentlemen, to lead you to the fulfilment of your duty, as 1 shall endea vour to perform mine. We need not fear that, during this trial, the first, you are told, which has occurred doting the Empire, that any consideration could induce you to forget the sanctity and independence of the majesty of justice which is intrusted to you. The publication of Id. de Montalembert, " A Debate upon India in the British Par- liament," is the object of a prosecution taken altogether in its details. Assuredly, when it is intended to try a work so extended and of so serious a character we should not stop at a single word or a detached phrase, that may be misinterpreted, altered, disfigured, and exaggerated—it should be taken altogether. To judge of a work it is not sufficient to place yourselves in the point of view of the prosecution; you must try the man himself, his principles, and his life. That life has been engaged in every struggle during thirty years, and that life has been exposed to the gaze of all. He was still young when France, escaped from the sufferings and diagrace which the three tyrannies of the Convention, the Directory, and the Empire had inflicted on her, and was resting under a constitutional monarchy—a Government strong and free. M. Berryer then recounted the early life of M. Montalembert, his progress in the noble cause he entered upon, and the service be rendered to his country ; he enlarged on his great talents, which he admired, and his character, which he ever did justice to even when sitting on the benches of the Opposi tion. M. Berryer's speech lasted for two hours, and seldom did two hours appear shorter. When he sat down a burst of applause rose in the more distant part of the hall ; it was rapidly extending to the whole audience, but was at once checked by the Court. The burst, I believe, was involuntary. The President again delivered a severe reprimand, and declared that on the next manifestation of the kind, he should order the expulsion of the whole of the audience from the Court. M. Dutaure then addressed the Court on behalf of his client, the director of the Correspondant, in a speech which was admitted to be a masterpiece of forensic reasoning. THE SPEECH FOR THE PROSECTTTION. The President then called on the Procnreur Imperial to open for the prosecution. That func tionary spoke nearly as follows : Gentlemen,—Prosecntions of the press always excite the curiosity of the crowd and the interest of serious men. They place in juxtaposition the rights and the abuses of intellect. The Imperial Government wished to create a legitimate position for the intellect intelligence), but it did not wish that that position should he unlimited or unregu lated. The press, under the empire of the law which re gulates it, bad obtained more liberty than it believes. Jour nalists, it is true, no longer cast bails for insurgents, and the Government would be insane if it entertained the idea of giving unlimited liberty to &country that does dot wish for it. The action of the intellect on life is as old as the world, and it acts without the law of responsibility—the liberty of the press serves as its organ, and it can only belong to advanced civilization. It is an error, gentleman, to believe that in England the liberty of the press is as old as the monarchy. 1. Here the Procureur-Imperial endeavoured to justify this proposition by reading some historical documents, and en deavoured to prove that the press was never really free until the rights of the House of Hanover were no longer called in question.] God forbid, gentlemen, that I should reproach England with having restrained the liberty of the press, but, gentlemen, since comparisons have been made, I also have a right to make comparisons. No dynasty at its foundation ever supported itself by milder or more moderate and liberal laws than those by which we are governed. But let us quit this subject, for I am anxious to arrive at the object of the prosecution. This is the first time, gentlemen, that a prosecution of the press has taken place since the foundation of the Empire ; whatever ba the talent of the writer, he writes under his own re sponsibility. Well, gentlemen, the Correspondent is a religious journal, which deviates too often from that spe ciality to enter on the ground of politics. Gentlemen, on this occasion the Government could have suspended the journal which already had directed two attacks against it, and had been twice warned. The Ministers did not wish to do so. The Corropoigilant may live, but we wished to have a public trial. Here the Pracureur drew a sketch of the political state of England at the period of Count de Monte lembert's v.sit. He described at great length the various episodes of the siege of Lucknow, and ren dered full justice to the courage of the 800 English men and 200Faiglishwomen who contended for four months against the united efforts of 100,000 bar• barians. He then analyzed the article prosecuted, aid contended that certain passages violated the law. He concluded by saying that in point of freedom the institutions of France feared no comparison with those of England. M. BERRYER'S SPEECH FOR THE DEFENCE. Maitre Berryer—" Maitre " is the designation of the jurisconsult in court, and not " Monsieur "—was then called on for the defence, and addressed the court in a speech of two hours' duration, and remark• able as a brilliant example of fire of declamation and impassioned rhetoric. In the muse of his ob servations he said : However powerful the effect which would have been pro. ducal on the court by the frank and eloquent language of the Count de Montalembert, delivered with that good 'ease for which be is so distinguished, and although aiob3dy could so well explain to you, gentlemen, the consistency of his opinions, we would not permit him to THE JUDGMENT. At a quarter•past six the judges retired to deliberate. They remained in deliberation one hour and five minutes, and at twenty minutes past seven the President, having previously ordtred in four Sergens de Ville to prevent aoy sign of approbation or the contrary, and to take into instant custody any one offending in that way, read the judgment of the Court. The Court found the Count de Montalembert and M. Douniol guilty of three of the offences charged—namely, 1. Excitement to hatred and contempt of the Emperor's Government. 2, Attack against the respect due to the laws. 3, Attack against the rights and authority which the Emperor holds from the Constitution and the principle of universal suffrage. As regards the fourth offence imputed to the accused the Court was of opinion that, although expressions are found in the passages objected to which should not have been expressed by the pen of a writer who respects himself, and although those expressions have a tendency to sow disunion and agitation among citizens, they do not sufficiently manifest, on the part of the author, an intention to trouble the public peace, and this last offence was not completely proved. The Court found that in the case of Douniol ex tenuating circumstances existed, and applying the highest penalty condemned Count de Montalembert to six months' imprisonment and a fine of 3,000 f. ; Douniol to one month's imprisonment and a fine of 1,000 f,; with costs against both. The proceedings were then announced to be at an end ; the judges and Procnreur quitted the Court, and the audience separated. A group was in the street, curious to see M. de Montalembert, who re turned home on foot. Count de Montalembert will, it is stated, appeal against the verdict of the Tribunal of Correct.onal Police. TEE ORSINI PLOT. The Courrier de Paris states that the clemency of the Emperor is to be further exercised towards Gomez, the servant and accomplice of Orsini. He is, it declares, to be liberated on the Sardinian frontier. THE HUNGARLIN EXILES. The Preue publishes a letter from M. Barthelemy Szemere (former Minister of Hungary), announcing the death of one of his fellow•exiles. 44 The iliunga- rian emigration," he writes, " small as it is, has been reduced in number by the hand of d eat h . In pais we have lost Batthyani ; at Aleppo, Btni ; at Hem. burg, Beothy ; the gallant Keneay in London; th e brave Fragay was shot in Cuba; and now we mourn the loss of Meszaros, at a village in Hertfordshir e :. M. Szemere concludes his letter with a w i sh that freeone day his renlaiin mingle with his n at i ve soil, independent. PRUSSIA. THE PRINCE REGENT'S POLICY. In an address from the Prince Regent of Pnissis to the Ministry of State at the first sitting, his Royal Highness, after alluding to the King's Wafts, said : It must be generally admitted that the welfare of the country and of the Crown are inseparable, and that the prosperity of both repose on solid and conservative bases. To recognize there wants, and to properly satisfy them, is the secret of State wisdom, and it is above all things Deem. nary to avoid running into extremes. In this respect the mission of the Government will nut be an easy one ; fur a movement has of late manifested itself in public hfe which may be in part explained, but which on the other hand already shows traces of ideas unusually violent, and which must be opposed by acts as rations! as tbi are legal and energetic. Everything that is promised should be scrupulously performed, without, however, refraining from ameliorations ; and everything nut promised must be firmly opposed. Above all, it is necessary to abstain from the stereotyped phrase that the Government must indefinitely consent to the development of Liberal ideas, from the apprehension that they may make their way in an underhand manner. When truth and legality are manifest in all the acts of the Government it is strung, because it is conscious of acting properly; and that feeling gives it a right to energetically resist all that is objection able. TUE ELECTIONS. The elections at Berlin are finished. The following are the names of the nine deputies elected •—linhue, Privy Councillor; Reimer, Common Councilman; Rev. Jonas, Reidel, Veit, publisher ; Minister von Patow, Heinrich von Arnim, formerly Minister for Foreign Affairs; Wentzel, President of itatibur and Matthis, Privy Councillor. Of the 352 deputies who have been elected the fol lowing are at present known :-9•t Liberals for the new Ministry, 19 old Conservative, 13 uncertain; total known, 126. NAPLES. LORD BTRATFORD DE REDCLIFFE. Accounts from Naples of the 20th state that Lou Stratford de Redcliffe remained on board the frigate while be was in that roadstead, and continued leis journey to Rome without visiting the King. UNITED STATES. FRAZER RIVER. Advices from Frazer River to Oct. 4 stated that the river had fallen, and some gold had been taken out, but not in sufficiently remunerative quantities, and that many miners had returned to California. The ketch Brother bad been brought into Charles• ton from the coast of Africa, as a shiver. There was a killing frost. Walker and Ileuniugsen.were re• conciled. ITEMS OF NEWS. In New Mexico, Nivago and the Indians had beeli again defeated. The Mohawk Indians had again attacked the emigrants, killing nine and woundin.; sixteen. At Greensburg, Kentucky, the mob bad broken into a gaol, and hanged two murderers. Washington it was stated that the Secretary of the Treasury will recommed a tax on tea and coffee. 6011 TI Arib ,4154iCitt. THE Corny is still at Windsor. Her Majesty, the Prince Consort, and the junior branches of the Royal Family, are all in good health. HEn MAJESTY invested the following with the Insignia of Knights Commanders of the Most Honourable Order of the Bath, having previously conferred upon them the honour of knighthood, ou Monday . evening :—Major General John Ear dle y Wilmot Inglis, Major General Edward Lugard, Dr. Andrew Smith (Civil), Mr. Richard Madon Bromley (Civil), and Mr. Thomas Tassel Grant (Civil). Rear Admiral Sir Henry John Leeke also was in with the Insignia of a Knight Commander, but was not knighted, that honour having been already con • ferr ed. The following were also introduc ed, and re• ceived the decoration of Companions of the Bath: — Colonel Charles Steuart, 14th Light Dragons; Lie? tenant-Colonel Thomas Conyngham Kelly, dBt!' Regiment ; Colonel Charles Franklyn, 84th 'ter went ; Lieutenant-Colonel Evan Maberly, RoYsl. Artillery; Captain George William Preedy, R. (Civil); The Hon. Frederick William A. Bruce (Civil) ; Deputy Commissary• General William James Tyrone Power ; and Mr. Samuel Petrie, Director of the Commissariat. A ROYAL VISIT To CANADA is prognosticated by the Canadian News, which says, " We have und oubted authority for stating that although Her Majesty find.% it will be impossible for her and the Prince Consort