The Express.
London, England, 1865-10-13 00:00:00

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LONDON. FRIDAY. OCTOBER 13.

THE Emperor NAPOLEON is apparently as far as
ever from making up his old quarrel with the mind
and thought of France. The fend having now
lasted as long as his throne, may be considered
chronic. What has not been done in the first
fourteen years of his reign is not likely to tabs
place in its decline, and it is to be feared that the ar-
bitrary regime under which the press of France was
placed by the coup d'itet, and which has been
maintained in substance ever since, will continue
as long as the rule of the Zairians. The lest
illustration of the attitude in which he stands
towards the press is supplied in the tiro
" warnings " given within the space of two
days to the Gazette dc France. The conductors
of this newspaper, apparently believing the liberal
professions contained in the Marquis DE Lsys-
serrx's recent circular to the newspapers, and
taking too literally his declaration that the official
messages styled communiques were addresses to
public opinion and not appeals to the fears of
dependent journalism, reproduced a reply to a
communique which had appeared in a provincial
journal published in Aliens. For so doing it
received on Friday last a first aeertissentent. We
look to the terms of this warning to
discover in what the offence, of the Gazette con-
misted, and find that the worst that is imputed to it
is, that the republished article represented that the 1
Government could not be considered as trusting the
newly-elected Municipal Councillors as a body, in-
asmuch as it bad chosen an unusual proportion of
Mayors outside of their number. This, in the lan-
guage of the official warning, is to " insult the
" Government, and to throw hime on the exercise
"of a right which the Constitution confers upon
"the Executive power." Anything more paltry and
wretched than the infliction of so heavy a penalty I
se • warning on sash grounds cannot be imagined.
Poor FRANCIS H. never did anything so mean and
petty at Naples. The provincial jontnal which
published and the Paris newspaper which copied
the article may have distorted facts. In that case
they would themselves suffer more than the Govern-
ment, for the whole Imperial press was at hand to
expose their misrepresentations. Or, the facts I
being agreed on, those two journal may have
formed an erroneous estimate of the
conduct of the Government, and in that
owe, also, nothing would be more easy than their
refutation. But the Imperial Government,
although making an unprecedented use of the press, 1
has no idea of throwing itself upon the
genre and loyalty of the public. It is not willing
to forego the advantage of argument, but its argu-
ments must be backed by administrative notion.
These " warnings " are steps in the process of
silencing opposition, a third warning involving a
suppression of the journal to which it is addressed.
The Gazette de France received its first warning on
Friday last. The stroke, so unexpected after M
DE LavaLerrx's assurance that the communique was
not a penalty but the rectification of an error, and
that the public were free to judge between the
press and the Government, provoked the Gazette
de France to declare that in future it would
contradict a communiqué directly or indirectly
This was certainly a too rash renunciation of a
right which is held in trust for the public, to be
exercised for its good. It was one, however, of
which the Government had not the slightest
cause to complain. M. Di LAVALErTE had
shown most clearly that he did not intend
to permit replies to communiques unless
they should contain an admission of error. lucre-
dada as it may appear, simply for making this
declaration the Gazette de France received a second
warning. The reason given by M. DE LAVALITTZ
for this extraordinary display of severity is, that
a journal is not permitted to discuss a " warning,"
which has the character of a final determination—
hs chose jugee. The phrase is borrowed from the
law courts, but is applied to a proceeding which
has not even the disguise of judicial fairness.
These warnings issue from the very department of
the Government the acts of which are criticised.
As issued by M. DE LAVALWITZ, they are an intima-
tion that although the Government is willing to
permit the utmost freedom of discussion to those
who are prepared to applaud its measures, it re-
serves the right to silent* and rain those who blame
them. The fault of the Gazette de France was that it
apprehended this intention tooclearly, and expressed
its sense of its position with too little reserve.
We can all understand that its frank declaration was
distasteful to the I mperial Government, but we could
not have believed, on any authority lower than that
of M. DE Lsys.urrra, that the Second Empire still
needs the support of repressive measures so severe
as those to which he has resorted. The conductors
of the Gazette de France intimate their intention of
appealing from the decision of the Minister to the
Council of State, on the ground that that func-
tionary has exceeded his powers. How this may
be we cannot undertake to say. The Emperor
Esroxsolv, with clear intentions as to the system
Of government he was about to establish, and sure
foresight as to the methods which would be neces-
sary to uphold it, reserved in the oonstitstion vets
large powers in dealing with the press I and it is
• by no means oertain that the acts of bis Malan