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

THE SPEECH OF M. OLLIVIEE.

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h his letter of yesterday, our Paris =respondent described
the sketch which he transmitted tow of M. Emile 011itder's
speech in the Corps Leirialatif against the " Public Safety.'
bill, as " eery imperfect," but " =orate se far as it goes."
We are now able to publish a verbatim report of the admirable
eddress of the member for Paris.

M. EMILE OLLITIRIL said—" In rising to sek—l would
rather say to implors—you to reject this bill, I am taking no
party step, but acting simply as an honest man. I desire
not to serve the ephemeral passions of a day, but the eternal
passion for what is just and right. I propose to attack no
one. I wish bat to render the homage due to the only
legitimate sovereign In the world—to use an expression
of bitrabeau—Right

"Ism not speaking to say one out of doors, I address
myself to the members of this hotwe ; and, I add, ressmber-
lag sit eloquent axpression that wsa used in my bureau, I do
sot spook without hope.

lit first *Weatherly-title MB is, that it is brought for-
ward under a false pretence. The attempt of January 14th
was frnstrated by Providence, and I am grateful for that
mercy. The fate of nations eon no more depend upon the
arra& than it can upon the executioner. In the present
instance, the crime, as you have been universally told, was
conceived in a foreign country, committed by foreigners, and
inspired by the resentment of foreigners—lt is not a French
crime. The second reproach which I maks to the bill is that
it violates all the principles which civilised nations are agreed
to consider u of the essence of sound legislation. 1. The
bill violates the principle of the separation of powers. The
judicial should always be separated from the executive power,
for otherwise, says Montesquieu, ' the judge might
be strong enough to become an oppressor.' This bill
surrenders the fortunes and liberties of titian& to
three agents of the executive power (Art. 10). 2. Before
this tribunal of a totally new kind, these Oink which even
the most expeditions court of law cannot dispense with
altogether disappear. There will be no examination, no
confrontation with witnesses, no dines, no discumion, no
publicity. The Minister of the hastier will be at once
accuser, defender, and judge. 3. Every penal law should
clearly define the offence which it punishes. A law which
doss not du this is no law. Instead of being • safeguard it
becomes a menace and a convenient instrument of oppression.
In every country the people always prefer a severe law
which is precise, tea mild law that is uncertain. Nothing
terrified then, so much as the dread of what is ' unknown.'
There is not • single phrase in this bill which
is not vague and susceptible of the most mon-
strous interpretations. It punishes those who publicly excite,'
any manner whatever ; ' those who practice mancenvres
or keep up intelligence abroad, and it senkock so Weigh-
meat those against whom there are ' grave facia.' 4. It is
a dna principle that • man cannot be prosecuted • moon&
time fur an offence which he has expiated. Noe he is ken,
say the criminal lawyers. The 601 violates this principle,
by subjecting to banishment and transportation they who,
having been condemned in 1848, 1849, and 1811, hove
&heady undergone their sentence. 6. It dose tame--is alike
them retroactively. It will be attempted to deny this ; the
men of 1848, 1849, and 1851, it will be said, will only nom
within the purview of the law if ' grave end nawlsole
shall be found against them. You will not allow missives
to be deceived by this quibble. What is meant by grave
feces P' Does It mean the commission of any known
Mince P No, for then you would not speak of
' pave fads,' but you would Am the word mien or wale-
Insane. Your' pave fact' is something or Ober altogether
uniertain, which you may fancy to be snob meecedireg to
imam and eirtuunaranoss. You are therefore subjertiog •
ekes of citizen to an exceptional regime ; became they were
at some preceding time condemned on pcdittral ironed', you
place them out of the psi. of common law. To pat them out
al the pole of common kw, to render them liable I. be con-
demned for' grave facts,' is to enact • penalty aphid them.
Did that penalty mkt in 1893, 1849, or 1861 P No. Your
bill is therefore retrospective, because a retrospective law is
one which attaches to an on a coneequestos which did net
attach to it at the time when the act was committed.
Now, I will tall you what was thought of retrospec-
tive laws by a man who will certainly not be
accused of harbouring anarchical pinions, I mesa
Portalls. That jurist in his Arpose des motifs of Civil
code wrote :—' Wherever the prindple of retroactivity is ad-
mitted not only ma there be no security but there conk
even be the shadow of it. Man, who oomph's but • mere
point in time as in space, would be • most ORSIMMIIie bring
if he were deprived of the feeling of security tor the sots of
his past life. Fax be from us the idea of those double eked laws
which having one eye upon the past and mother upon the
future would dry up the sources of confidence and betems a
perpetual principle of injustice, confusion, and dieorder:
In the midst of the fury of the days of Tenor, the national
Convention after having hand the report of the committee of
Public Safety decreed that all mass who should speed
false news, or should alarm the provinces, or in ea y
way excite citizen, to rise, or cake movements
end troubles, should be liable to be tried by a revoludamery
tribunal and punished ea eonnter-revolatkotiste. After the
decree was voted Bourdon de l'Otre rose and mid—' I pee-
pose es a revolutiamery meaeure, sad it this owe only,
to give • retreepeetive Whet to this decree against the cam-
miner recontry arrested at Meaux.' The proposition wee
readved with murmurs, and Barren declared time be would
always oppose a reireepeotne law. Yon are now asked to
do that Thigh the Conveatioa reamed to do ist the wont
days of Tam. Then sever wee a bill wideh aocumn-
latrd en many violations of fundamental primdpiss ea this
bill doss. It has excited wok uneashises, welt tenor k
the country that the reporter hit it eeeesemy w do Ids
utmost to re-assure the public mind. He madmvourel to
soften down the Import at the bill by taMag yen that
it would only affect red republicans, etrialists, enemdes
of public order, and conskrators. It ft were so
I weld tell him that be gives ems WNW

reams Ice this M. When, in a frock esescaly, la •
atlas whisk loom the rebel's of the Ociegolond w-
omsowdw Isinsellein that justice might be nmenad
with lowsis Omit Too my that they sante= the aws
onitHOO If sex Oro Semi let air/ills,
:Nat do bet WOO item Do net, mare you woad ream
to • rate of baharbm, violate spina this these Imo
white they atop< to viola* apiast you. They void
destroy society by trandormiag an liberty into assaft ;
do not you destroy it in mother maser by rookies .11
nabority arbitrery. Naar never renal* long to • stale
of anarchy, and the effora which they make to
thiONITOB horn it only made, them the draw
ahorwards, but they may resists • Lag while Milt
the opposition of arbitrary power. Who right is
violated is the person of • single Ibdlvidual, these
is so eentrity lior anybody. Who shag dear hirsosif
that he ill be earaprieed la the =maim? It may be sad
of hdostioo sa it his bees mid of sesptielme—lt will never
be Midi with • part. Omit It worathiag sad it tabs an.
Who Dalton °attributed to the fa/atones of the rook-
dowry tribunal of depionale moony he doubtless thought
he was emoted flea II operatics. Bit a short tams shirr-
wards, the judges whom he aid mated sot Mrs to the
scaffrild. If, is you anus, there exile mayor secret
iodides widely dlondaated, sad whisk weave mound yea
ea
invisible set, prows*, them Against Ham you he,.
amity drecosisa ham If it be true that Owe is. thiough-
out the country wretches who mantas the rola of silty,
peal& them severely; yes are filly aimed, dtbar by the
ordinary code, or by your special esseassnle. BO no; who
you easily went is to hoe istilesol peons marl
those who ;do not oomph*, hut who an dispissang to yes,
aging thins whoa you as roma% with is adsce, and
who nevertheless you hold to be ahniasle ie erpettaney. It
le spinet the • optima ' that you wish to strike. The
wad is • new am, and •dmatageously sands In the place
of the old word avapaaa Now thine opettlasts, may of
then, at least, live by their Lam, and to baahh them h to
sestenoe them to misery and death. But fordo you
norm to yourself the right to transport to Limbo" or to
our pestilential colony of Cayenne, any of the masa '4B, '49,
imparsad
foot set ha lingthafrimen.subillith"
.authmocaimion.ftest of
I And not those men alma He who may um a Wee passport,
I who may have said • violent word to any functionary who
may3avni begonia in some comer of his house • bullet or •
mast, who may JO have hostaatly quitted a poop of
people ammabled to the street, sad which he bed Mod