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

mere at the heed of the tivilieed Wiese et the world—of
that people, alike dietiaguidied in the arts and the pursuit of
military glory—are we to treat them like MOM child in the
nanney to whose rears we osanot vesture to appeal. but
who mu t be nand with • auger plow? (Load cbwes.) Let
us pleas some madders°, is the people of France. Thor
sever was a tar where as sawn* like this, knows at all
ream too be 'trek sad aberbeeri is its moordiege, did
pines ematideate is • dimity arks like Pianos ad find
that confidence raisplecel. (Cheers.) We have Dot even
explaised to Freer the slate of our law. We have not
even bad a material be the here of the otriltloa of the
law. 1 see the Attereey-Osaand—at Meet I think I me
him—preparing hiur.lt sa spoilt (Lferblet and deem)
Let me tell him that it is • grief to Os whole country that
be has not yet spokes. We es at this moment without say-
tki,,g "taxmen
of the law on the
of her Majesty's government. Of course it would have
competent to the Solicitor•Gerral to hare given as • dates
wet, but be coolieed !Swell 41 certain sppeala or ergs-
men*, which, whether good or bed, did not contain an
&position of drama. of the law. It would be bat jolt to
England sad to Fromm to give France an cap:edam of the
smut et our law. And I will just show you the need of it
without sailer g into any diecturion of the merits at all. I
will jest show the fellares in circulation on this .abject, and
I will show you in what high quarters those fallatic.s prevail.
What said the noble lord at toe head of the government in
introducing the bill, and what did he repeat to-night F lie
said, conspiracyat murder—you may indict a man fir it, but
it is the same thing ea if you indict him for a conspiracy to
bias se atter at the theatre. (Laughter.) That is the de-
claration of the Prime Minister of England, In recommending
to as a change in our criminal law. I ask, is that sub-
stantially a true statement? Far be from me to place my
authority against the torn-professional authority of the
noble lord; but I must say that the statement, even if it
be technically true. is substantially without the smallest
foundation. It may be true that all misdemeanours stand in
the same category. and no great wonder; and even Black- 1
stone has laid it down that the word misdemeanour
is synonymous with the word crime. But Is it true that all
miadecoranows are trivial, that all misdemeanours ere a
light matter in the aye of the law, sad that all Waimea-
I non. are slightly outtieheble? I vectors to say that the law
of misdemeanour has the characteristic that it leaves a great
discretion, an unexampled discretion, as compared with the
statute law, in the mind of the judge, and gives the judge
an elasticity of power, which elsatictty of power is founded
upon and justified by tit-, that under the name inisdemea-
sour you oomprise together acts of the slightest and acts of
the gravest and heaviest criminality ; and although it may
be perfectly true that you cannot forfeit the goods of • man
for a misdemeanour, and cannot transport him beyond the •
ems without statuney warrant, yet this I .ay,
without gear of contradiction, there is no limit to the amount
of punishment which may be indicted upon him, either is
the shape of privation of tempera goods, which is sot very
different from forfeiture, through fine, or in the chaps of im-
priscastent, which may be indicted, without limitation of
Mla coon to the gravity of the offence, and become
prpaplaL Wk y was not this made known to the gover-
n/at of Pesos ? Ido not venture to make any such state-
ment spas my ewe authority. I venture to make it on
nulbrNfr of which*, two hours of parliament will beer
mere helsee this diatomite Mat an sad. Now what le the
of the sane which has hem taken, based
71ea known to the {sternest of France the state
of the law ? Whether what I have said be etwarate or not is
a seessiery matter. Them le sot the nailed doubt that a
pest lead awry paiehmest may be inflicted for Weds-
tnermerer, sad it wad have been well It that information had
been camel le the French government. (Her.) What
do we sew de? A demand Is now made upon us on the
gross& that we shake sasamins. We mad this bill as en
rear M the demand. Dice the answer wet the demand?
Lit the meaning of the despatch that we should convert
midemeasonr into filmy? Is that the object Count
Waiewski has in vier? (Heir, hear.) When be speaks
at elenteriag assassiss. is not the meaning obvious, that
there sight to be a power in the demotion of the go-
verment of imemitng 'mayoral perms out of the country?
(Circa) That is the ether I put upon the
' sad I do not Web say ether construction aui be
good by aa mgmeomt faaiai open its terms. (Her)
washer Met beater set, whet len be the consequence et
=sash a bill as this be the to as Napoleon?
des wring swept abeam the penalty. The
sake had at the heed at the comunnt ry7a," By en-
btoolog the pesky you prevent the of mime,"
and la se that he easily reveres WA pdaelple end rule
wash hes Ida at the loseaden at entry criminal statute
widest as that bee bra pored during the last
30 er 40 yens ) We sand ea the Empror of the
handl a bill whisk 'alarm the parlty--• bill which does
Whim wbosver marls detecithis (Hear) If the bill
due ardeg whitener toward" deteetion, I ask how =roe
as esdemily mistais that it will Inset the terms of the
dispel& el Own Widowed ? (Chess) We begin
samiaing them obeirges. Cakes the despatch is
Mae the hoes premeds to sendir the Mars of the est-
Idea kw, beer, admitted la imps, we meet them with
a pies of legislation wholly army fir Ss sad It wawa-
tarMaw.) The and et that mage lethal it operate
mesa es a lettering nom meet le heling,
bet when the wed mature of the elisedis a ilinevered—
whoa it le hurl be be looperathe a et good,
eitheagh k arridem as law
--are la be • movral relight
mars them we has alma, sialliaL Noy set only
hes we rained the right to made lbws, bat la obligation
watioly Mr theta, if ere pressed le War ea the despatch
sow enthe ans. (Chem) Per these mum I do
otelima I briny hew will esselar
C=ki it y sight boa. and (Kr. IL SeZl7.
Isa bares the awn& leghbales hes hoes
sweral by the gevernmst themedvea amezioa be-
rmes tam be been aiviMsd he the carer reamer by the
ifeemay et iris who sys be meant sewer as despatch
mid yea have reed the a reed time. (Chows.) Theis.
arms alt it, la my epidea, is hardly to be animated with
raper le the duty et the he
endthe =anal howier. I
eirthea math as I abet taco air in any' policy
Mite drisoludied is sad qturrehente Ido
lank dist the ors who rapier rights of oda arias
who
beensidvehy teepees' the rights rilt ether tuitions,
mere boned to abed the yeadpiet of his
am (Chess.) If tare a feeling is_ theleisee on the
teithiset eat the hems elegised, do not awe be lid away
by a dealt* slarmiat as to the necessity of rethreing the
law. Las us insist on the vtatlioation of the law as It ream
se a se the law deserves it—not beyond—but up to the point
Justice require"' let as have the misting law dedicated,
sad them preened to sander whether it requires amendment.
(Cheera) Bat do set let it lay earn a clad et scum-
Om which me ealast. (Chem.) Three are grievous times
for liberty. We live la the 10th esatari. We talk of
pegress. We base we are advaseiag. but he IN inizo7
spimien, a sanguine (Mem who can have watched events
Is Imp he the be fir pore and eta have MIS to per
eels that thin lea movemeast thread, but that it lea down-
wind end a beekweed mosensat. (Beer hear.) There are
a ker tyre ia wale donations that command gym-
*"di waist rid ilearith. They are
are east the bele sad oorsensmmfoirieurps,
se tar es marriel grealases is concerned. Is
theme them mane than 'ever does responsibility metre
t ea the thetientions of load ; and if it centres upon
ass a pee*, upon its laws, and upoato
goverame, taw, I asy, is the House of Commons lire the
edit MMpp of freedom ; sad the mason that is tam for
eemplicity between as and those who soak safety
rspeedve manatee will be a blow and discouragement to
that sera ease is say seamy of the world. (Loud awl
proiesed
The A ITTIMOVVY-0113111RAL was well aware of the
ihnherempe mar which he laboured in following the right
hen, otismia sad he would not attempt to Mali bin be
observalleas or is splendid dechunatita bat weed
mho • Ira mad falableil etseimist se le the bisbay at doe
Mlllowese seer mar serldraden. hod beta told that

Wee wee •• eansalea roma the bin mil the hen& at
and WaliewskL lir We term was rearionald ta
tie by Mini/, ad whoa be gen that war
to Infrer sr of burl of ibe rpm& of
Cant Welssaskl (Chem) The ararer proposed by
soplith the !warm a sew of bireste, and from
the marl= that It we byiMbdrit, and
was In the bank cif tr bare eat netioation•
Na amid or the her try It by that 14 after
Ole arphrisa, boa grimes ordered it snap gem
eta, Ist it ban we pins fa aa War Homo of Oars' ;
hat V they War It la be proseptsd in the sptrit
of
oar la a be _M.dL a on right in Erre
toaria that tar. gal es 'ran Hagan
Illbss., that In akin spa dr Is rear the Irsatedat
✓iga hod bola ant insa the mere as bong a child at
Wags pmts!; at be begat they rid corder Ws • '
aecory arm Isf the Warm d awe Pri•
=Teignist,ldelk Wain lbw r=fzimionen, bag la Ids
NW set raw
Ws mama Meal beers/ (Sr.) if ea resift the
lospoin et Coast Waren Mara re pat lima h like
repent® on nal the right boa near bed bred, '
he wadi ham beak as is the preeseallas of the ma-
awe. If le could have list as appal *
Isgaisaas mad to the anereasse of the agislag =1
W law sr In that anger wee stray inlismild sal
me a libel 141011 the law, be woad bms Wend le
emir ibr me urn the tee
of rang
mesi.addltioa le that law. begarrWadies Wee
ho man proceed wry Ober, are? Is mien is abet
Vara of tbe Wei law the sonsage bag ben ocaran se
am
et variaz to belly those tights an peldleges d gild&
we re se ally proud. He bard the slats the War
Y kw a this . that lorelasim were able as he la this
famtry that which Me ear an 11•10161 won amble Is
do —(draggs)--ead that orb wad he a aim Is morn
hen Patin embeds, me a award insperg la the
lissaper. (Chara) Now, bow klid we alr a debt a
peer the firpor ? Whia be cane le am isms be me
igat
IF per with N. I,idolk riga, the rine air
ware le Ida that Win gra Is aernisna
Id wen gives oa the maw coaltim--er b=lll
dribs law, stead raped the law, grid bare enembh
b Ws isw ; Wif he was not warble Is the sled M
igligh a &Ida gab** was Ws be steed
r the Sar d Wasson to supply the son nib
la perky d odiltioet, needy doe
he =gile Ma the
re netriga end Menip=
IMMO read by crawl-ben 'West. New, was UM Wo-
rm emmind is an English or in • born athit P Was
M • wears I.
i ktrego or abridge, or dirt from, the right
of anima ? Or woe t a ware to show to tho world that
en claim made by as in the face of the world—that no
matter what the political offence, no matter what the political
accusation, the man who came to thii country and obeyed
ths law should b sheltered ander the shield of England?

(Chews.) Now, what wee the state of the English law ?
By the oth Geo. IV. British subjects committing a vier,
examitting • murder &breed, were amenable to the English
law,ned might be tried as if the murder had been committed
in ale country. The statute waa method entirely to natural
beta British subjects. Under that statute even Bntish subjecta
might commit murder abroad. bat the crime oould not be
beard In our courts. Accordingly an alteration was made
by which natural born British subjects committing murder
Wetted ware made amenable at ones to theta./ of the country.
But in the ewe of foreigners, half • down might come to
England sod oonouct • murder abroad and cornea It, mad
than ass etas refuge to this country, and would not be pa-
latial* In the courts of this country. Hereafter the
her per la thaS co would be Owed on the sam footing
MB the salleni bees British subject. The right hon. re
entleman
whiled W knew whether the law was at present sufficient to
rest the ergerise of the particular ow which had recently
seentred. New, 'apposing two or more foreigners in this
esnatry to conspire together to commit • crime abroad, he
beard the true view of the criminal law to be this, that if
the Erg which they omiepired to do—the crime perpetrated
dined—was not punishable by the law of the country,
neither would the conspiracy be punishable. He believed,
notwithstanding the general words that had been used by
some authorities, that • conspiracy to commit • crime meat
he • conspiracy to commit that which, if done, would be
punishable aa a crime by the law et the country. He defied
any lawyer to produce en instance of • conspiracy to commit
a crime abroad, which crime, when committed, would not he
punishable by law on which the conspiracy itself
bad nevertheless been held to be a crime in law.
But there was another principle, but It was too indefinite
is be recommended for acceptance in the present case. It
was • principle of Ise that whatever tended to corrupt the
malty of the sovereign with a foreign sovereign wee ea
since against the amity of nations. Under that principle
et law it was true that • conspiracy in this country to
murder • foreign sovereignwould to punishable, but it would
not extend beyond. For instance it would not extend to a
conspiracy to destroy the life of the Empress of France or
the young Nor was that • weapca he would be
Inclined to take down from the armoury of the law,
easing that if it wets wielded at ell It would
become neeewary to wield it in owes in which he
should regret very much to me It vpiled. Is the trial of
Peltier, it was laid down by the Chief Justice, that any pub-
lication tending to degrade or revile any foreign sovereign,
or items of dignity in a foreign country, might be taken as
a libel, more particularly when such publication had a ten-
dency to interrupt the pacific relations between the two coun-
tries. The principle, therefore, if applied in cases like the
present, would be one that they could not refuse to bring into
operation on occasions upon which the House of Commons
would be the last body in the world to justify Its use.
And he might remark to hie right hen. friend,
that were this principle acted upon, the publication
which did so much credit to his humanity, and called forth
the approbation of all Europe, in reference to the King of
Naples—if that publication had been complained of, he (the
Attorney-General) would have been compelled to stand in
the painful position, by virtue of his office, of prosecuting
his right hon. friend for the offence. (" Hear, bear," and
laughter.) He did not believe, therefore, that the house
would agree in his right boo. friend's conclusion, that there
was a principle of English law sufficient to answer
all the purpows of this bill. It was in this state
of things that this measure was recommended to
the government, end it was so recommended in
order that foreigners, being placed on the same footing as
British subjects, all complaints might be avoided on the
part of foreign governments in reference to our affording an
17lum to foreign refugees, where they might plot and con-
re egaiset their (overran, t. " Two things," said 11.
alewski In Ids despateb, ere to be complained of in Eng-
land—the first, that sesswariation is preached In that coun-
try." Now no one who read that despatch could believe
that ea thing at this Wad was imputed by hi Wslawski
be (Hear, hear.) If there were assaisins in
ingdessel, they woe not of English 'growth ; but had
berg imported from the continent. (Hear.) But he was
elm to say that there was good reason for M. Walewski's
eletweent—for it was well known that publications had been
iewied at the instance of these foreigners, exactly answering
161 inorlption in the ileepatch, in which iiiellthill6oll was
preached r • rabble doctrine, and in which the &Mae
was i thee when a man trampled upon the laws
sal Mbat s. et his country, and by that mesas crated
hint Into a despotic power, the inhabitants were tree
ken all obligation to obey the law, that natural jostles thea
islnsed, and that meads wen not pardonable bat
other
piewellir.
_The oth charge in themllespatch was this
as Iry dameled was not trafficient to reach then preen,
and be sin be to say that in one sense that Eery was
for the law se it stood was net ebb he reach
rem ape, being foreigners, as it would were they English-
men. 1111 being so he could not imagine bow a doubt could
ore as le re duty of the government and of parliament.
Ile earl net imagine that the House of Commons would,
ia newer* the appeal thus made to it, reply that they
ware bead by any other than the ordinary moral obligation
which attached to an individual in private life. He agreed
with the ancient philosopher, who said there was no distinc-
tion between the duty et a country and the duty of a man.
Buppees a men bars that ewes Individual in his hones wee
regain Magas ender the life or property of his
asighlear—whet would be the duty of that man t
The newer they would give to that quarts
is thew of the private individual was the answer they
word giro wire It was a State that was ocinowned. The
moral IglidOß wee the same, and It was to carry oat that
'real ciligallas that this bill had been brought in. It wee
retight Is le a defect in our law, that we might be
able is vela the rest of the law and to show
le re people of Europe that, while we retard
le asks may rose in our institutions at Utak
&Wm or requirement, yet if they could point ont say
air in tree whereby they were prejudiaed, that, in
afar Is preserve those institutions in their principle and in
their "bit, we should be prepared to consider the matter and
le supply reader Was there any degradationin that P Was
thwe &my theme or humiliation in acting on the panel* of
dry t He agreed with the hon. member for Noriblk that
the erre and humiliation would attach to those who had
set the corer to do what was right, and to abide by their
scan et duty, notwithstanding that it might be thought
they bed been called upon in • rude and ancerentadons
sesossr. His right hon. friend observed that the 11l had
not been introduced on legal but on political peends. Eb
armed him that it was introduced wholly used are* en
the reaviriest of English law, and not too err any peilb
nest peeper whatever. It was said that the ereairtir
his right hes. friend the member for Ashton coded Imo
eppantrity et recarior the merits of the bill, epee boa
leareneraerlder • but If there was anything of slur
seer ia lie eirtter, it was in the attempt et his
eight Merl le fist rid of the bill by aMe wink
eight
there wen as grenade of opposition retreat le
the snood reeding that rye not equally pertinent
se IMINIMA the headed
of the Every !mint applies-
bier the mead verbs was assidered ce the arm tar
friastalos the aneesse, mimes the spersa r re nor
layeread he the right heserabb pallanea's seardmet Es
=t had the verdict re* ell
_siejerity et IN
esar. The raw bad thee desp of Y. atilseedd
by,. them. They knew that as answer led her Orr
low was it possible to MI Ille It? Chald t=
vemineent have said the law of Bellind
as alteration or arradaret f Dodd dry Mrs NM,
we will apply the law of amity, sad briber
pramentkin ? He for ass arid depreere sash a ellep. The
way to mower was to intarre our law awl see if It !e-
-rred asereaset. Alter ths law if arnica was name-
my, as& thes the dew.* was revered by the Warr-
Er et the isersat der
mar is
oat we aleeratios. As
eirralles had her mere es le the parr al the
seerehle oder rise hal, sad what Irtn fa that res.
pest right le be introdaer. basted ea ihe pro-
w ertrity
had
sherd be able le thew that
Est chair riesesp had bees are =if MI MIMICS
eke et re law es it raid err The Ma hal ens=
and see the
re sealeatieLds:er tht"atiab*-4.....6-t iagrea:
Mar te tepid Ka thst light, end es re leret
▪ rel Alen whisk he bin elieved was ea Emir o
de arr
awl
which Medd earls them is *kW that whisk they were all
thriedsed seriell—the Aphid aryhus fristerratisiga
lnledirenes. ((hore)
Ille. DISRAELI—As Irdseisad that it is the
first
rib et the here that siteeld case to • le-
✓ail. I will mart their parsoloa to slate the rarer
wilsibleduce se Is takers errs which I rail sod
whir I believe will he Mier& soar my Ws.
this side of the
/seer Ma el
Oreref has rid
as that lam cessetessedve with what risesistessy these whit
reldtertheitrednrise 116 ama moot the raciallea
whir b bra peeper byre efdt
_iterurnher Agra.
I nun an that I sr ter= le art Imaaalatapay,
will* ea A le so dear sad crier
la apron ri=gillisitiesee is a put Ethers is the dr-
erestaaess tie tea eserkse. Tea der ago the "arra
hare the rase Wes a quirks between the perlismat
Resler erd the geverrent d rpm. prer 11:14
Irene, std s pen laserry et asuseree, 11
with the seas vial= es le the 9W NW as we Mester
sew; but under the allesserresse thet bed nese* r-
eared in Franee—edaprinetat whir► of si whore amp

aie•ied to arm sad sabage the alibi el • peat we-
b" end that sobs ear Medd Yy, It tees Ilk le be meet
ispolitie that we drab /haw my swot el with
He nabs sad gesumistat Inweeie •
awl Mame* ae thee i ugab • !ad bib Os: (Mean
Whet wee dens by diet web wide It we Om by a Imp •
air eerr liewetL:ems LiviZi the glree:Lsabdirjetteai
wee Hen plead there wee • ddb s. Ihe part of begat.
laisant or England to berme thdr emptily for tie
rarer of tee Prezoh roma pargiels thew peak.igiggi
Alb bag were *awl lbawd ia maub ea, ad ed lb bass to
ersibe babaerlty l, be ebb el be ker al
esemby with raved to babe& el net
dr.lapahave Aped ; wee Owe a• Ihst works
igt
ea be pert al the house dud we bed noddies
le ft order le paw the *belly of oar
td is We. to grePeelllea of the
Oa the cestrary, entry giallbsea who
tea • god la ad abaft bed words bftli
regard si• impollha et the govaewire• es or
ao
idled Is erameamo bet guarded fa ad
t=hbewi wbe—treb zonaretiles ef
112128111 Mil be = b. be lipelsilis
11.geeemted tawwwbg bet agnielt whit&
has heart the =Meet d es ma dbpiebea lib eeerdag.
(Her, hair.) Well, er, ten days bib peeesS eines the
house generously suppeted the Ord of the bill,
with an intimation most distinctly given, that they
disapproved the lathes of the goverment in not reply-