The Express.
London, England, 1858-03-26 00:00:00

(Stamped ld. Additional.) [T WOPENG

'rises his worship that the tees ought to be stopped, used tha
the publication of the "Letter to the Parliament sod Par
of England" was not a 61ee. seendalens, malloiems, and
seditious libel. After be had proceeded for tom tine,
Mr. Jamilles said he did not desire to stop the horned gas-
demon, butt he appeased to misunderstand the polities in
which hes (Yr. Jardine) wee placed. If the oases which had
been cited were all wrong in point of law, it was net his
provisos to set them right' they must be set right elawbere.
Mr. Lemma submitted that on the same ground, la the
cum of a pressestiou for witchcraft, the magistrate would I.
Ito commit for hist. Now, committal for trial was •
and lose ibioticbssessuelt es it involved considerable expense
of The general principle of law, as he had be-
fore stated, ought to be that rule of condor.; which would
best promote the loniser of society. Now, without the
utmost liberty of diseinseios as to the conduct of government,
good govoromot was imptesible. Unless the pressers& abso-
lutely free neither the misconduct nor the good conduct of
their costa be known to the people. It wee most
he that the inimanduct of rulers should be known, in
evil-dome might be removed. In the cam of •
ruler let him prove blemish not guilty of the crimes laid to his
charge, and the hat way of so doing was by free dominion.
This, with ret to inetitutions, how could they he im-
proved except free discussion P
Mr. Jardine— yea mesa seriously to contend that it is
free discussion to tali a man an sessesan, and to call upon
other parsons to assassinate him because he is an asseminy
Mr. Lerman did not go so far as that. The principle
=to be upheld Ina, that diatuasion, although free,
to be what was celled decent. Now, according to
English law, decent discord= meant just what the judge
pleased. In no part of the pamphlet could he And any di-
rect exhortation to usamtnation. In the pamphlet can-
pisined of he found the words, " Friends unknown, but not
misunderstood, we salute you. You shall be avenged.
If our means differ, our cause is the same." Now that wee
neither a direct nor indirect exhortation to amamination.

Nor could it be shown to be abuse of the Emperor of tite.
French, unless the praecators in this case showed that he
had been guilty of the sots there demounted. And if they
were to attempt to do so, in what a position would they place
theenselver. It wee not either the authors of the pemphlet,
or the vendor, but the counsel for the crown, the counsel for
the Emperor of the French, who would sharpen the dagger
of the asamein, sad eall down vengeance upon the Emperor's
head if the statement should be proved to be true. The
passage complained of commenced thus " Bonaparte
attempted at the court, as at the assembly, se at the law, as
EFle,—foroedevery resistance and every right, se•
citizen; and representatives, arrested, sailed,
rted, executed the defenders of tho constitution, end
compelled the remainder to vote with the bayonet at their
ribs P" Wes that a libel P On whom P On the Emperor
of the French P If so, it most be proved. Wu it not true,
every word of it P
Mr. Jsrdina—Of course they must prove that three words
are meant to apply to the Emperor of the French. They ere
not bound to prove that be hoe committed these offences.
Mr. Leversou—Bow had they shown that the passage
applied to the Emperor of the French P
Mr. Jardine—l am quits satisfied of the fact.
Mr. Leverson—From the knowledge that he is guilty of
there offauces

Mr. icidrdn:- Yon overlook the words, " Did Bonaparte,
as the 20th December, se president of the republic," do to
and so.

Mr. Leversoa—Tbsse wads an not in my copy of the
paniphlet.
Mr. Jardine—Without seeming anything but what it ie
reasonable to assume, it seems to me reasonable to suppose
that the words do refer to the Emperor of the French. and
that they are • libel. If so, it is not for me to punish the
man, for I have no power to do so ; but it is my business to
take one that he appears before the proper tribunal, to mom-
tein whether he is punishable or not.
Mr. Leverson said the men act of committing a man was
punishing him. But he would ask, wee it possible that any
12 men, not under the influence of the Treasury, would fled
• verdict of guilty is this cam, except for printing and pub-
lishing? He would now rater to another of the
complained of. " Lets suppose that a king of F.nPrZr
this Las been seen—weary of his council, of his parliament,
of hie press—of all the rights acquired without contest in our
time—took it into his head on a fine December night also to
asks a coup d'etat, to outrage all public liberties, to stifle
them WI in the blood of his people, to be what ie called a per-
het Emperor, whatwould the English people do if they could P
What they have already done. We will no longer diacusa
the right of regicide. In the country of Charles I. it is
superfluous." Why much stronger language was to be
found in the works of Lord Denman and of Mr. Disraeli. And
Mr. Gladstone had charged the King of Naples by name
with having committed acts equally atrocious. Why not
attack Mr. Gladstone and Mr. Murray P Why should the
" Englishman," whose letters had appeared in the Timer,
escape, when those letters contained direct exhortationa to
the smearination of Louis Napoleon P Why not prosecute
the Times P if a conviction should unfortunately take
place in the present case, the histories of Greece
and Rome, and Mr. Macaulay's History, must be placed in
the "Index Expurgatorins " of the British government, for
in these works were to be found express approvals of the
sol:yiEof tyrante, and one of the Roman tribunes who slew
co was held op to the admiration of mankind. To be
these prosecution, most not end here, but must
include Mr. (Redstone, the publisher of Lord Denmaa's
works, and the whole daily prose, and then the people would
know what to expect, and be prepared to rise against it. As
this was a political prosecution, be would take the liberty of
mentioning two or three political considerations. Was the
worthy magistrate prepared to risk the sgitation which must
follow these prosecutions ? Was he prepared to risk the riot
and sedition which would arise out of the agitation when the
people found their dearest rights and liberties attacked P
Mr. Bodkin—Tbis from • gentleman who is on the roll of
attorneys of England I
.rdine—That is en argument which cannot be re-
ceived at all. I have nothing to do with this being • proper
or an improper prosecution. The question is, whether there
Is reasonable and probable ground for supposing that a oon-
Action will take place. If there be a pr tut facie case, lam
bound to mad it for trial. The consequences that may
_moult
from taking such • step ought not to enter into my mind.
Mr. Levsnon—But these consequences are part of the con-
sideration whether • jury will convict.
Mr. Jardine—l most consider whether any offence hes
been committed, and whether it can be proved in such •
manner ea to render conviction probable. Whether the jury
will be influenced by popular opinion cannot enter into my
consideration. I must presume that they will do their dot
Mr. Leverson would then demur to the evidence, and rub-
mit that there was no proof that the Emperor of the 'ranch
was in any way attacked in the pamphlet. There was
nothing to show that he was the individual alluded to, and
no
winters had been called to prove that to be the case.
Mr. Jardine—Surely, there is no occasion to call witnesses
to prove that which is patent, and which, if you were asked,
you could not deny.
Mr. Leverson—l have the conviction in my Wad that he
Is gutty of all the matters in the charge.
111 r. Jardine—Do you mesa to say you are et liberty to
publish • pamphlet against • men, calling him en asmein,
sad then call upon him to prom that he is not an ammein P
Mr. Levertion—T am entitled to say he is one, and to plead
the truth in justification. I trust you will net maw this
ass to go trial. If you do so, the people meat met together
sad denounce such proceedings on the pert of the
mod. I hope, for the sake of that liberty wbkh it Col
us so much to acquire, you win sot stiffer this preseention to
proceed. I entreat you to reamber that a esegistrata is not
only the servant of the Crown but the mondial' el the liber-
ties of the people, and that thew is no essa: Ihr ear liberty
mire sabeeemed printing and the newest sim eith=
Mr. Bodkin said it was the duty of those wise bed
the services of the learned gentleman to samilarvintiMg
the muse he had pursued was calculated at presage the
latereete committed to his charge. He could not
help thinking that if any jtutification were want-
Mg to the proeselhaps instituted in this ors by the
gemeneeent, it weald be hand is the fact that a gentlemen.
whom alum wee am the mil of attorneys, should Mead up
end he e_ pall* wart bind the doctrines promuigeted in
each Yabithens. The Limed gentleman seemed to he..
forgotten that the anthem al the pamphlet rehiring to the
stump to awassinate the Emperor in Paris some short time
ADM learned their regret that they could not claim • share
I. the beams et that ettemat. It that wee am • direct in-
eilement te massination, it was difficult is my what would
be. There awed not be • Maser privilege in any country
thee the teed= of the pram and be Mired it wee enjoyed
in this eseatry to the 1111101 i inn Hi mall be Remitted.
No eras mail wish imprepetly to harshen wilt it. But whoa
pahlimilene woe hewed dies* theft moide to the
silken em timbre inemielien—e shoe =(rany eitenj;
theme atiemmt le seeletheal people. end
Menai te the people et itelend—W haled Li Viers
of sea we amid led imt they gen* nth. la epithet
of mide jobs. draw Orestiva belied the
eta arts ersithikalthwlTellhe prem. The
mewed se thet thitlew era this
melee' wee ell mega sad said megietrete to decade that
Fist, gni not to amen the mbar bemuse the courts
mug Inuit. NOW, If he (Mr. Beide) hid 11011201144 It
deekulde te refer to any authorities ea the ethille, le alesehl
have deed the very anthmithe whisk led hen gbeleum the
horsed patlemen, kr the pmpeee et Mewing thee Ali wee
• port pessiallut. Me esaidnrei the mm an deer thee
he wield net Meta the ant with rmy ketheyeinenstime.
Mr. Lemma, la expiration. rill he lii net mama
en
ea, way so He ether whether veminielft am
es
4aa
not. bat bed limed te Lord Deamm...Mr.
nd Mink by wheat the demise led been MM.
Mr. MUM Md net with te em' say "hiss wit the
petals which lad Mee reined mby Iltr. Lemmas, kr be am
pethetly well evert that hie opinion wield net, end
ought not, to hem any weight shambles. The feebly Oat
held to feeble was whither • swilletwel prima mak sew
1 itoit been ..ae oat to judlty hint la ethasg ii 'okra
and whether there were remenehis imago Ihr
that the geomeation wadi well be a seavietka.
that sate • ems deed. he Mori Mule till =INV te
fled
shell. Wawa( la 1001. end tin In KIL
p =els veleag *la aibled .Izo2. isti
Owe prima, wee