The Express.
London, England, 1858-02-20 00:00:00

THE EXPRESS. SATURDAY EVENING, FEBRUARY 20, 1858.

followers consented to vote for the first reading
rather than displace Lord Palmas-run on the
general question whether some modification might
not be made in our municipal law which would
convince the French EMPEROR of our national un-
willingness to see him personally harmed. Lord
Mousy and his friends did not wish the responsibi-
lity of office thrown upon them in a manner which
would apparently preclude them from any mea-
sure of reconciliation such as we have indi-
cated. But Mr. DIIINAELI and others guarded

themselves at the time, we are bound to acknow-
ledge, from the imputation of endorsing, blind-
folded, the provisions of the intended Bill, and,
u strongly aa Lord JOHN RUSSZLL and Mr. Row
BUCK, reprobated the deplorable weakness and ins-
policy of permitting the French Minister's im-
pertinence to go without reprimand. There
is nothing inconsistent in the course which
thew gentlemen have adopted. Mr. MILNER GIBSON'S
amendment is one to which the whole heart and
soul of the country, as well as of the majority in
the House of Commons, has responded. Bat the
airertors of English liberty and English honour
must not rest contented with this victory. They
must be prepared to resist the attempt, if per-
sisted in, to desecrate the Statute-Book by the in-
scription of the Conspiracy Bill as an Act.

Hitherto our laws, whether lenient or severe, have
been indigenous ; but if the present piece of French
manufacture should ever be smuggled through
Parliament, we shall hereafter have the unenviable
privilege of being governed by laws exotic in
their nature and of foreign growth. There
is

no disguise about it. ford Patitsa-
STOI4 does not affect to deny the real
character of the measure or the illegitimasy of its
origin. He tries not to hide the shame that is on
the face of it, and the brand of legislative bastardy
that is upon its brow. With the nonchalance of •
policeman carrying • foundling to the workhouse,
the noble prtled of Westminster brought in his
miserable charge, and got leave to lay it on
the table. Perhaps in the new Reform Bill
provision may be made to facilitate in fu-
ture the introduction of measures which foreign
despots may consider necessary for our national
Mil-being. Why not give seats in the Lower House
le the Austrian and French Ambassadors, and •
Wtifical place in the Upper House to Cardinal
sous ? There would be in such an arrange-
ment several obvious advantages. These person-
ages, in their capacity of representatives of conti-
nental absolutism, could then bring in their own

measures, and defend them in their peculiarly
beguiling way. No time would be lout in childish
jangling and wrangling about the putative parent-
egg of the precious little Bills ; and the Minister of
England, as he used to be, instead of clumsily trying
to play an outlandish and incompatible part,
would resume his national character, and be looked
at, perchance, u really an English Minister again.

A LAIOII majority in the House of Commons
have declared that in their opinion the presume,
ill a fitting time to remodel the government of India.
Legislation. of some kind or other, is therefore
inevitable. All who have hitherto concurred with
Mr. T. BARING in the opinion that Parliament is
not at this moment sufficiently acquainted with
the actual form and working of government in
India, or with the wants of that country, to
legislate wisely on the subject, and that the
introduction of new administrators and new modes

in the midst of a civil war,
is an unpardonably rash experiment, will probably
remain—as we do—of the same opinion etill. A
vote of three hundred and eighteen gentlemen, the
bulk of them in no ways distinguished from the
average of the class they belong to for intelligence and
information—can scarcely pass muster for an argu-
ment. And those who think with the minority in ths
Commons are not unlikely to be hardened in their
heresy, when they find it countenanced by the votes
el men like Mr. GLADSTONE and Sir JAMES GRAHAM,
Sir Francis BASING, Mr. JOHN Etuarr and Lord
MILOUND, Mr. WALPOLE and Sir JOHN PAKING-
TON. In connexion with this subject it may not be
altogether irrelevant to remind the public that of the
two East India Directors whose able and instructive

-
speeches made such a deep impression on every die.
psasionate and intelligent mind among their auditor",
one, Colonel fivitzs,was in a manner foroed upon his
reluctant colleagues by the Court of Proprietors,
and the other, Mr. WILLOI7OHIS7, is a nominee of
the Crown. Neither of three gentlemen is liable to

the enspicion of being unduly prepossessed in favour
of the existing order of things at the India House,
and both are known to be men of a high order of
intellect, and long and varied Indian experience. All
these considerations, and the consciousness that they
have been out-voted, not out-reasoned, may justi-
fiably inspire the minority, and all who agree with
them, with a proud though melancholy sense of hee-
-1 big done their duty. But it is no time for them to
net contented with idly indulging in fine sentiments.
'!he h work before them to do. Since the House of
Qlssmas Le determined upon legislating, it is their
duty to do all that is in their power to render that
Legislation as sound in principle and as efficient in
operation as possible.
The second reading of the India Bill has been
fixed for the first Friday in Much. The vote on the
seeend reading of any measure is understood to affirm
or deny the principle or principles embodied in it.
The delatory plea of the opponents of Lord PAL.
sesstros's Bill having been rejected by the House
of Commons, it is now their duty to prepare
themselves to oppose its objectionable principles
and provisions on the merits when the snood
reading is moved. Even though they should on
that occasion also find themselves in a minority, their
power of neutralising the noxious elements of the
Bill will not be entirely wrested from them. The
Bill will still have to run the gauntlet of the Com-
mittee, and many of its most objectionable clauses
may be expunged or rendered lees hurtful, by ap-
pealing to the common-sense and sense of justice of
the House. If the Bill, as modified in Committee,
shall still appear pregnant with danger to our
liberties in England, or to the permanence of our
empire or the happiness of our subjects in India,
opportunities of appealing to the judgment of the
House of Commons, as sobered by the lapse of
time and enlightened by frequent debate, will
be afforded when the Report is brought up
and the third reading moved. And if the
worst come to the worst, there is still a final
appeal to the Hone of Lords. The scheme et
Lord PALMERSTON is of such a monstrous
character, so palpably dangerous from the
inordinate increase it contemplates to the patronage
of the Horse Guards, and of the Department of the
Civil Administration upon which is to devolve the
management of Indian affairs, that it is clearly the
duty of every opponent of Parliamentary corruption,
of every friend to the efficiency of our Civil and Mili-
tary Services, of every lover of English liberty, to be
on the alert to do battle against it to the last, and
by every constitutional means at his command.
The work more immediately before the opponents
of the Bill is preparation to resist, by all the forte
of argument, and by an imposing array of facts, the
motion for its being read a second time. And in

girding up their loins for this straggle, it is en-
coaraging to reflect that they have good reason to
count upon an accession of numbers, from the ranks
even of those who voted against them on Friday

morning. In particular, if there be sincerity in
words, and value in professions, Lord Joint Rusanit.t.

Is pledged to nee his most strenuous efforts to secure
■s against some of the most degrading and detrimen-
tal provisoes of the PALMERSTON Bill. " I quite
_ . .

" allow," said Lord JOHN, " the peat benefits that
" have accrued from the high independence that has
" always characterised the Directors of the East
" India Company. But Ido not see how a body of
" constituents like that of the East India proprie-

" tors, can be kept as the future foundation of
" the government of India. There is something
" anomalous in the proposal of electing the govern-
" ment of India in this way ; and it can hardly be
"expected that in making a change such a
. .

" bake of government should be established. On
" the other hand, I quite admit that everything that

. . "
can be done to preserve an independent character
" for the proposed Council ought to be adopted by
" the House. (Hear, hear.) And I say of this part
" of the Bill, u of other parts, that if it does not
_ . ..

" provide for objects that I consider essential,l shall
" be ready to join with those who can devise better
" securities fur the independence of the Council.
" There is one other object I wish to keep in view.
" The military service of India is one of the most
" noble, the most distinguished, and the most suc-
" cessful that ever appeared on the facts of the globe.
" I say that should be kept up, with all it•l honours,
" rewards, and emoluments, and. I trust, with the
" same benefit to India that it has hitherto enaferred.

" Yon may say it is a matter of noimpoetanoc whether
" we keep up this patronage for the middle claws,
"or not. But this is not the point. The question
" is, whether or not these middle climes have not
" done all for India we could wish. Whether they
" are not men who have, by great talent and per-
" severing labour in a tropical climate, raised them-
,' selves to high positions, and have conducted them-
" selves in these stations in a manner equal to that
in which the first Generals of Europe, and the
" highest authorities in Europe, have conducted
" themselves in the wars and negotiations of Europe.
" That being the case, nothing would make me con-
" sent to any provisions in the Bill by which that
" service can be injured or depreciated. There is
,' one other point upon which I should wish to have
some security, but upon which I fear we must
" make up our minds not to obtain it. I wish it
could be said that in any plan that gives the

" entire control of India to the Crown, we
" could prevent matters connected with that
" government from being made the subject
"of party debate and party warfare in this
" House." In these remarks Lord Joint has, with
great sagacity, hit the wont blots of the PALMER-
STON measure. A Council, few in somber, and nomi-
nated entirely by the Crown, cannot be independent.
The separation of the European from the native
element of the Indian Army wlli place the officers of
native regiments in a degraded position as compared
with the officers of European regiments, and the in-
corporation of the latter with the QUEEN'S Army will
aggravate the evil, and, what is still worse, vest the
whole patronage of the European Army in the Horse
Guards. Lastly, the subjecting of the administra-
tion of India to all the changes of the Home Govern-
ment, will introduce an inceament vacillation and
conflict into its policy on every point. For these
evils there is only one remedy. Let a distinction be
made with regard to India as with regard to
the Colonies, between those branches of legislation
and administration which pertain of right and
necessity to the Imperial Government and these which
have purely a local beating. Let a government or
administration be framed inwhich the latter branches
shall be vested, while the former, and also a power of
revision and control even with referenoe to local affairs,
is reserved for the imperial Ministers and Parlia-
ment. Let the general organisation and the power
of appointment to the local Army, and also the Civil
Service, be vested in the Indian administration as
now ; and let the majority at least of the Indian
Council be elected as the Directors are now. Lord
JOHN'S objections, as we understand, are not to the I
elective principle, but to the particular constituency
in which the right of election is vested. Let him lend
his aid to devise a new, an extended, a better
coustitnenc7. Let him propose, for example, that
there shall be added to the proprietors all
military men and civilians who have served Xi
years in India, all merchants who have resided there
for the same period, all merchants having trading
connexions with India, perhaps some representatives
of the religious and philanthropic bodies which
take an interest in India. Surely some sem-
i eetteseicy may be devised, sufficiently intelligent,
prisms& of sufficient property to be a guarantee
against rash action, blending in its members Indian
experience with English knowledge, sentiment, and
principle, so as to render it worthy to be incor-
porated as the elective body for the Home Council
of India. Such a framework of Indian Home
Government would be in accordance with the
political principles which Lord lons RossaLL has
Inherited from his ancestors and clings to from
sonviction. Such a framework of Indian
Government is the only adequate guarantee
we can have against Parliamentary jobbing, and
Court favouritism andintrigne, in the administration
of India, with the weskits= and wickedness which
must be the inevitable consequences of both. Lord
lows Russells owes it to his own reputation to aid
the friends of liberty in England and good govern-
ment in India to the utmost in obtaining such
a framework of Indian Home Government ; for
there can be no doubt that his arguments and
example contributed largely to obtain the assent
of the Howie of Commons to the introduction of
an India Bill which ought to be regarded with
suspicion, were it merely for the character of its
author, and which is marked by those dangerous
features which Lord Joss has so shrewdly de-
tected and ably exposed. By labouring to substitute
a really good India Bill for the dangerous mea-
sure of Lord PALMERSTON, Lord JOHN will
regain the 00-operation of his natural allies, who
reluctantly felt themselves compelled to separate
from him in the vote on Friday morning—the
&MINOS, GRAHAMS, GLADSTONES, PAKINOTONS,
ELLIOTS, and MELOUNDS. He will be In a posi-
tion to command the support of those real liberals
who are staunch to the principles of popular govern-
ment—the Tanavrivs, BRIGHTS, and Mlucez
GIBSONS. He will pleas himself in a position to
appeal for support to Sir Crum.= WOOD and Sir
HURT RAWLINSON, who in the course of the late
debate expressed views regarding India identical
with hie own. He will have it in his power to
convert the dangerous and unprincipled measure of
Lord Palmas/ no?' into a real benefit both to India
and England. If he shrink from the task, we may
rest assured that some other will undertake it, and
reap the harvest of praise he has listlessly let slip
from his grasp.

ALL honour to M. EMILE OLLIVIER. Amid the
silence and stupor that benumbs France—the fawn-
ing flatteries of a menaced pram, and the abject
prostration of a servile legislature—this brave and
honest citizen has manfully stood forth to protest in

the names of violated justice and outraged society
against that monstrous law of " Public Safety,"
which surrenders up the lives and liberties of
Frenchmen to the uncontrolled despotism of irritated
Power. A law of " Public Safety "—its very name
makes the blood run cold. Sixty-four years vanish
like a dream, and we are face to face again with that
horrible tribunal, where suspicion was proof,
and accusation guilt; where there was but one
step from the groundless charge to the mer-
ciless sentence and the inevitable doom. Two
periods of history have hitherto been infamous
for a law of " Public Safety :" the gloomy despotism
which Tozmus inaugurated at Rome, and the fan-
tastic tyranny which Ronssentlas enthroned at
Paris. Is it possible that NAPOLEON IN. can be
mad enough to dream of making a third experiment
of the same sort on the patience of mankind ? If
not, what are we to say to a law like that which is
now nominally under discussion in the Corps Legis-
latif—a law which, without the forms of public trial,
punishes with an exile that in its severity is tanta-
mount to death, all those who "excite publicly in
" any way whatever," who "practise manceuvres,
" or keep up intelligences abroad "—a law which,
absolutely without any kind of trial, renders
amenable to the same sentence, those who
have been already condemned and punished
for offences connected with the political troubles
of 1848, 1849, and 1852. In the worst days of the
Roman despotism, in the darkest gloom of the
Terror, a viler mask was never devised for screen-
ing, ander the guise of law, the lawless ex-
cesses of Power; and it is to the Potentate by
whom, and for whom, this instrument of oppres-
sion has been invented, that Lord PaLseziurrox

would concede the privilege, never granted before to
any foreign ruler, of dictating innovations in the old
common kw of free England. M. Or.mviza, in his
admirable and courageous speech, points out with
dignified and temperate firmness the various objee-
tions to this most monstrous project of law. He
accuses it, and with justice, of violating all the prin-
ciples that civilised nations are agreed to con-
sider as of the essence of sound penal legis-
lation. It violates the great principle of
the separation of the executive and judicial
powers. The Government arrests, the Government
prosecutes, and the Government judges. It leaves
the fortunes and liberties of French citizens at the
absolute mercy of the agents of the Executive. It
violates all those forms which the uniform experience
of ages has shown to be the only safeguard for the
administration of justice. There is to be no pub-
licity, no cross-examination of witnesses, no speech
for the defence ; everything is to be conducted in
secrecy and silence. Again, it violates one of the
first maxims of all criminal jurisprudence in this
respect, that it contains no precise definition of the
offence ; everything is vague and uncertain, every-
thing is left to the widest latitude of interpretation.
What is a grave fact ?" what is, or rather what is
not, a "practising of manceuvree," and a lumping
" up intelligence abroad ?" Who is to pronounce what
does or does not come under the words "exciting
" publicly in any way whatever ? " The cold and
gloomy hypocrisy of Tfikams, that sapped the
liberty he pretended to worship, never threw a more
fatal drag-net over Rome, by his famous law of
fete majettatis, than this " Public Safety" Bill would
throw over France. No law, uM. OLLIVIZII truly
and courageously declared, has ever been proposed
which violates so many fundamental principles.
" We are told," continues this brave man, "that
" the law is only meant to attack red-republican
" socialists and enemies of order. But who can be
"rue that he may not be obnoxious to its provisions?
" When DANrox established the revolutionary tri-
" banal, he thought he was clearly comprised in
" the exception, but shortly after his own head
" fell on the scaffold." Addressing the Imperial Go-
vernment, in a strain the boldness and truth of
which has rarely been surpassed, M. OLLIVIER ex-
claims, " You have governed this country nine years;
" you are at peace with all the world ; you have en
" immense army, an able police, an enormous re-
" venue, atrategetical roads through your capital,
" and fortresses at all convenient places. No liberty
" exists. The greatest of all—that of the Press—is
" annihilated ; and yet you come to ask for laws of
" Public Safety. Do you not fear that the country
" may say, ' I have sacrificed to you my liberty, my
" ' franchises, my traditions, the conquests of my
" blood—all that made me glorious among nations,
" ' for the sake of a little tranquillity, and you now
" ' ask for more—where will you stop ? "
Heroic words—words of truth and soberness ;
words worthy of a freeman ; words that ought to
kindle a blaze of resistance in a free nation. What
effect they may have in France ruts with the
future. They cannot fall altogether idle. In
Mwrott's phrase, they are " like the fabled
" dragon's teeth, which being sown up and down
" may chance hereafter to spring up armed men." For
this we must wait what the years may bring forth.
But one thing is certain. They ought not to be
without their weight in England. They ought to
make Englishmen deeply ponder before they entrust
I a reckless Minister with the power of altering
the laws of England to suit the caprices of one who
is thus violating all law and justice in France.

peculiar feature of the whole scene wee be me
Mr. Gibson and Mr. Bright, the defeated can-
didates of Manchester on the China policy,
bringing up the nut hostile vote against the minister.
There seemed to be a Nat eels in the whole promoting.
There was indeed something peculiarly appropriate in
seeing these two gentlemen who lost their seats in the
defame of British humanity and British justice, standing
on the door of the Howe of Common, with a triumphant
vote in vindication of England's honour and England's
freedom.

MINISTERIAL DEFEAT.

Conerinacrr ro Iffonmez Bat..-Order for second reading
read; Mike made, and question proposed:-" That the
bill be now reed a second time." Amendment propmed,
to Have out heaths word "that" to the end ache queetion,
in order to add the words "this house hears with much
concern that A is idkged that recent attempts upon the life
of the Emperor of the Preach have been devised in Eng-
land, and a:presoaks detestation of such guilty enterprisag I
that this howls ready at all times tamales in remedying any
defeateinthe criminal law which, star due investigatioe,ere I
proved to exist, yet it cannot but regret that her Majesty's
government, previously to inviting the house to amend the
lew of Conspiracy by the second reading of this bill at the
present time, him not felt it to be their duty to make mme
reply to the important despatch received from the French
government, dated Paris, January 20,1868, and which has
been laid Wee parliansent,"-(lir. Dillon Gibson,)-
instead thereof :-Qoestien put, "That the words pro-
Etto be left out stand part of the question :"-The
divided; ayes, 218, nose, 234.
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0. agla Wu% JOB Vindiaart, Waren
Dena I. fl
ees, Led A. 7. Waddled," H. B.
Mona L. Lame; Lord IL 0. Waken, Admiral
nienelL_ltiebtlfea.l3. =.O. P. Veinal*. ft H0.13.H.
MK W. C. mem. H. 0. Warne, noel
De ..a" Obanis UAW, w. a. welt., James
Duke, Dr Janym Lebunr, ken of ~
....Whited* Jame!
DUIIIOP, A. M. Leen. Jots B
Du Pre. 0.0. Lookbart. A. H. Wilitime
Beet. ft J. B. Lana. Met* Willer* Witham
Lynn. Ire. 7. J. "flea A.
r bum, AO.
biro. and Liner, ear 0.1 L. B. Wood& B. T.
Amin. Veered deortrory. Now Wordey, Mane
fttlyiretonaterJeme Mr maim. ftenalt Wyle, Jame
It' ,e, nlr A. U. ntlisnotat.Pstar WrMiss, eaterst
Stmts. sir De two Weft. Wynftm, He
Erato, T. W. Manes.. Lad Jets Wm. Odra
gem, rifts Merft. Jobs Wynne. ft. ft J. A.
Ewen, J.O. Hitoon„ He n. OoL Wilma Wafts
awing. H. It 0. Maim& Often& Taft Hon. H. T.
ranahern. & BY Mira Waft WILLIS&
earouner, tor rift MOW, T. J. Mem, Itt. its. T. M.
Brett. lien Mills,. 1.1 BMA Jolla
PAIR&
Pon GOTT. mums log Gorr. Aenner.
Arita Lord Hodson, Mr. Gordon,. Maier Mr. swami
Carter. Mr. B. Lowther, Hon. Ilmidiff ft HIM Lord B.
ul. 0' . Clot. Penn. 800. A
Wyvill, Mr. Lowther, Capt. Oebledlr. Zelt. Hr.
Minns. Mr. 010 In, OA Drummed. Mr. Lonna Lord
at nwa.aatag, Mr. HBl, 800. IL O. Marc( I& A. Htedrasom.Lt.
Veayiteert. Mr. B.
G. B. Tema Mr. W. Ltheridell, Mr. Be
Beare, Mr. Theater. Par 7. B. atom mr.
m. 0.. Mr. L. entraps, Mr. pekoe, Boa.
Mill% Mr. T. 'Butler, Mr. H. W. tne B. G.
Boarst, lord Clog. Mr. Bea. J.
sir p. „raft, ome, if= 001. Jona .D.
Barton-Lard !tartest, Cot. VOA HOM A. Bane Mr A
Beelion, Lord Burghley, Lord
_
The tonotiriner----

appear in the minority agebud
Mr. Gibson's amendment :—Mr. A. Bathurst, Mr. G. W.
Benda* Mr. J. Boyd, Mr. J. J. Clarks, Hon. A. Dun-
swabs, Mr. B. Graves, Mr. J. R. Mowbray, Viscount
Newark, Lord Grattan, Mr. 8. W. Rapton, Mr. J.
Rust, Sir F. Smith, Mr. R. Specmer. Mr. N. Stmt, and 81r
H. Willoughby.
Viscount Gotterlch, Mr. James Clay, Mr. Frank Crews-
ley, and Mr. J. D. Harris, who usually vote with the ad.
winced Liberals, voted tut night with the government.
The majority was composed of 84 Liberabi, 148 Conser-
vatives, and 4 Peelites, viz.—the Right Honourable& B.
Cardwell, W. Gladstone, Sir J. Graham, and 8. Herbert.

In the list of the majority for the total abolition
of Church rates were the following acmes of members of the
Government Chancellor of the Duchy of Lansaw,
Mr. T. G. Baring, Lord of the Admiralty ; the Attorney-
General ; Mr. Bouverie, President of the Poor-law
Board; Lord Ernest Brun, Vice Chamberlain; Right
Honourable W. Cowper, (step-son of Lord Palmerston),
Vice-President of the Committee of Connell on Education;
Lord Duncan, Lord of the Treasury; Mr. R. W. Grey,
Semstszy of the Poor-law Board ; and Mr. W. N. Mowry,
tinder-Starstsry of State.
SINGULAZ RAILWAY AOMIninT.—A singular
occident occurred on Wednesday, at our neilway Mance. to •
passenger so rows
61 Torquay. The down dsrr mall bad
'hooked to it • truck on which was • private anise be-
longing to a gentleman named Tr. In witkli anise
three of Mr. Tnny's entvants were tird. As the in=
being backed frees the Great WINANS MS into the
station ono of the menials, • laffill Ilisilord, looked
out from Me vemdow al ths emsh le wstylho grcip:a, of
brat
the trafe. endialsoldl'a on lds hod. On
bisnaltg it was Mood Mot ho hod mode& mom
dee inla ad gas, and hem for his roommy
was et list sansteinoL Ws ma gioresd to find„lbeereme,
that tad. the mos of the songrose of the Meld Omni
Heopind. whisk 1•1111111kil be as
empty immapied. ha
Is geogroming Ihmstolaly.—D'' liknety,