The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-02-16 00:00:00

HOUSE OF COMMONS-TUESDAY.

The adjourned debate on the motion for leave to bring
in a Bill to amend the law relating to conspiracy to
murder was resumed by
Mr. T. DONCOMBE, who confined himself to matters of
explanation, and was followed by
Mr. WARREN in opposition to the motion, who said the
whole question, even in France, was sub judice, so that
the case was not ripe for our legislation, which ought
to be free from the dictation of any foreign monarch.
Sir G. GREY defended the Bill, and in conclusion,
Sir George read a despatch from Count Walewski to
Count Persigny, dated February the 6th, wherein the
former, referring to the paragraphs in the military ad-
dresses which had appeared in the Moniteur, the publica-
tion of which he said was an inadvertent act, stated that
the Emperor had enjoined him,to say to Lord Clarendon
how much he regretted them.
Mr. HOPE likewise opposed the Bill, which he be-
lieved would remain a dead letter on the Statute Book,
because it was inconsistent with the spirit of that wise
system of legislation which was willing that the guilty
should escape, rather then that the innocent should be
placed in jeopardy. It was objectionable even upon the
ground of political expediency, since it would tend to
weaken, not to strengthen our alliance with France.
Looking at the measure as one of legal reform, it would
be inoperative, and as one of SG& policy it was un-
friendly to the liberty-loving spirit which ought to
actuate the Parliament of England.
Mr. COLLIER supported the Bill,
Mr. Howe opposed the Bill, which he believed would
place a formidable engine in the hands of the foreign
police, and lead us into questions connected with foreign
jurisdictions in order to convict conspirators in Eng-
land.

Hr. WHITBREAD defended the Bill, which, he maid,
did not assail the bulwarks of our liberty. English
liberty was founded upon the principles of justice, and
he warned the House not to confound the liberty of sub-
jects with license to assassins.

Mr. DENT remarked upon the effect which the passing
of this law would have upon foreign nations; it would
be regarded, he thought, as a conceagion to the feelings
of the French Emperor.
Mr. BENTINCK spoke in favour of the Bill.
Mr. MILNEB said he could not enter into the question
of the advisability of this Bill upon its merits, because
it did not meet the case. Did any man believe that if
this law had been in existence the crime in question
would have been prevented? He could not therefore
vote for the Bill except upon the ground that it was
politic and wise to make some demonstration that would
satisfy the French people. It was, however, a grave
thing to alter the law of England upon such a plea, and
he believed that it would in no degree satisfy the French
people—that it would only chow our own weakness and
lead to further demands.

Mr. NAPIER said lie should vote in favour of the Bill,
believing it to be a wise amendment of the law.
Lord J. Russem,, after noticing the disadvantages of
this discussion, expressed a doubt, assuming that the
Bill was introduced as an amendment of the law,
whether it was really an amendment. He looked, he
said, not only to the principle of the proposed change,
but to the nature of the crime, which was exceedingly
difficult to prove, and juries would hesitate to convict if
the penalty were rendered more severe. The spirit of
the proposed enactment was contrary to the whole
course of our modern enlightened legislation. But the
proposed change was not likely to defeat the political
conspiracies against which it was directed, because the
conspirators were men who were ready to expose their
lives, which would be sacrificed whether they succeeded
or failed in their attempt. The object should be not
the punishment, but the detecting the crime, and the
Bill would serve no purpose of detection. The Bill
seemed to be a cunning artifice, by which it was ex-
pected that neither the people of England nor the
Emperor of the French would be displeased. But, as
the "den of assasains" was to remain as it was, the
French Government would say, " We have been
deluded." In his opinion, it would have been far better
to have told at once the plain truth, that the asylum
which they called a "den of assaaains" must remain

and that we did not mean to change our law. The duty
of that House, however, was not to give up, even to
gratify the Frrnch Government, the right of uyluni, or
to alter the established law of England.
The SOLICITOR-GENERAL replied to Lord J. RESSELL,
contending that the present state of the law was un-
satisfactory, that this woo an improvement of the law,
and that the alteration was properly made the subject of
a special Bill. As to the argument that we were yield-
ing to a fear of France, the question was, he observed,
whether our legislation was right or wrong.
Mr. DISRAELI observed that the principle of the Bill
was to change the character of the crime in question
from a misdemeanour to a felony. Such a change of the
law was not without precedent, and he instanced the
Act introduced after the attack on Mr. Harley by Gum-
card. What the Emperor of the French required, was
a public demonstration towards the French people that
would restore their good feeling towards us, but he did
not think that this measure would accomplish the object.
Notwithstanding, however, the clumsy and feeble man-
ner in which the government had dealt with the difficul-
ty, it was his intention to vote for leave to bring in the
Bill, reserving to himself the right to consider the prin-
ciple upon which it was founded.
Mr. S. HERBERT, having adverted to the change
which a few days had wrought in the opinion entertained
in this country of the Emperor of the French, and to the
causes of the irritation against his government, observed
that before he came to an ultimate decision upon this
measure lie wanted information. He wished to know,
among other things, what was the real state of the law;
whether it was true or not that the existing law was
sffiucient to reach aliens conspiring here against aliens
abroad ; whether it was the practice of the English
government, when it received information from our
police, to give notice to that of France ; and what would
be the effect of converting a misdemeanour into a felony
upon the powers of the police. He did not refuse to
entertain the measure, and should be ready, after due
deliberation, to express his opinion of its merits on the
second reading.
Lord PALMERSTON replied to objections, observing
that the measure rested upon two grounds,—first, that
it was an improvement of our own law; second, that it
was calculated to prevent the recurrence of a crime
abroad highly injurious to the interests of this country,
as well as derogatory to its honor.
Mr. KINGLAKE having withdrawn his amendment,
the House divided upon the original motion, which was
carried by 299 against 99, and leave was given to intro-
duce the Bill.

Lady Havelock and Sir Henry Havelock's Annuities
Bill was read a second time, after some remarks by
Sir W. CODRINGTON and Mr. GRIFFITH.

On the motion of the Chancellor of the Exchequer, a
select committee V 71113 appointed to inquire into the Acts
relating to Saving-Banks.
After some further'business the House adjourned at a
quarter to 2 o'clock.