The Express.
London, England, 1858-12-24 00:00:00

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LONDON. FRIDAY, DSC. 24.

Tax fall and istinesting report which we yester-
day laid before our venders of the proceedings on
It Di Morrrationueres Appeal will have enabled

the world to judge how far the illustrious prisoner
" made a f►lse step," ►nd placed himself in an undig-
nified position, by rejecting a contumelious pardon,
sod insisting on a clear legal right. Even M.
Cam DlLer Anon, the Imperial Procureer-
&Mal, submitted to the tallest extent the right of
appeal, and that on the plain and incontestable prin-
ciple, that as long u a man had a right to de-
mand further adjudication there existed no
right to impale a pardon on him. The
Preenrent-Geseral indeed laboured to show that
the parties granted by the EXPEIOII was full, alma.
Into, mad entire, extending to all the consequences of
the renteses. But this was mere assertion, unsup-
ported by argument and authority, and entirely con-
tradicted by the unanswered and unanswerable
exposition of the tree and universally received doe-
trine laid down by IL DII7AUDA. "Nothing.' said
that most acemerpliehed jurist and consamemete
adequate, " could be mem OITOMINNIO than see► a
motion. It was a well established point of law
" that a pardon, as distinguished frees an annuity,
" remained only the penalty pronoemeed, and left
" arabsieting the sentence with all Its collateral eon-
" serieeness, and amongst others the liability to
a additional penalties in case of a fresh offense"
This position M. Dreante fortified by a reference to
►atherlties which M. CHAIX Aiwa had too
much respect for his own reputation as a lawyer to
make any attempt to explain away or refute. Whet,
thee, was the position of M. Di MORTALXIMEHT
after the appearance of that notice in the nosoilleial
part of the Memo mar (the only knowledge he lad et
the alleged pardon, which was never even embodied
in a decree), intimating that " the Burgeon, ea the
" swain et the Anniversary of the 2nd of De-
m rimber, has remitted to M. Di MONTALILMSOLT
1110 SODIOOOII pronouneed against him "? Hie
polities wee this : he had been convicted on three
swats:-1. For exciting to hatred and contempt
if the Government ; 2. For endeavouring
to weaken the respect due to the laws ;
3. For attacking the principle of universal
undbage as well as the rights and authority which
the Head of the State (Chef de Rea) derives from
the Constitution. It was the envied= ea this third
count whisk exposed M. Di MOICTALINICIT to loot
serious danger—a danger in no way removed by the
remission of suitenee published is the Moriteur-
This count was framed on a law peeled in lair
1849, which mays sot a word indeed about maimed
suffrage, bet is terms mots penalties against
" attacks on the rights which the President of the
" Republic derive& from the Constitution." The
terrible decree of Public Safety promulgated in Feb..
mas, refers to this law, and ordains that all those who
have bean convicted ander it, may on say freak
Ahem be punished by transportation, *idiotic trial,
at the mere will sad *wenn of the Executive.
Snit wee the position et M. DR MOIITALENBIII2-111
politica from which the pardes published in the
Meisifinar did set is any way pretest him--a posi-
tion whisk ad ally Instilled, bat aseemitated, the
ramie to that appeal—hie clear legal right—he avail-
ing Mosel/ of which he has bees traduced and de-
tailed by these volatile worshippers of nooses, who
seen tin of supporting any cause which has only
psblie spirit and public virtu to reeommsnd it.

The greet object, aeardiogly, of MM. MI:11TM
andThrease.kwas to skew that their illustrious eldest
esnld net poly be coavisted, with ay 1,10.4 Io
legim ',booties, ends the third most of the
Indianian. To this point it was diet they solely '
dineted all the powers of their irrafraphis reessm-
lap,theirreinedearemektheir impaerimied 'lionesses.
This part of the seatenes, argued Jd.Daraota, mad
not possibly stand. nuke the mart thought that the
law of 'sly, 1849, passed in the time of the Repsblie
was applieable to the existing Constitution. That
law sashed pesaltiss against attacks on the rights
while the President of the Republic derives hem
the Ceastituties. Whet Constitution ? That of the
Republic. What can this postal:4y have to do with
the rights which the Emperor derives from the
Canstituties (so M. DUPII7III was obliged to tam
it) of 1862 ? The law of July, 1849, voted ender
the aquas, sad with mimeses to the
Repine, meressrily expired when the Re-
public was at an end and the Empire established
is 1862. The text of that law relates to " the
" President of the Republic." The prosecutirm, to
eider to wrist a oonvictioo, had been compelled to
abet that mat and submittal/ for it "the Chief of the
" State ;" thus violating that tint principle of criminal
iwrigewilisee that all fusel laws most be ossetrimd
strictly. To them aminswerable reasonings, founded
on principles acknowledged and acted epos whirs.
IMP! law is set overborne by forcer or perverted by
fraud, M. ReltsTra added the finer touches of a
poliabed irony mid the moving force of indignent ap-
peal. With exquisite sarcasm he avowed
that it " entirely passed kis underetandiag te sea-
' twice how s law made to entente respect to
" certain political institutions meld be made see
"of to pealed • man ler regretting that
" those very institutions no longer existed." H.
represented the danger of his cleat's putties by a