The Sun.
London, England, 1853-03-05 00:00:00

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LONDON, SATURDAY EVENIING, MARCH 5, 1853.

GEORGE REEVES, 3,4, and 5, POPES
HEAD ALLEY, 19, CORNHILL, LONDON,
(nearly opposite the South Entrance to the Royal Exchange), being
determined to supply the Public with the very best WINES and
SPIRITS, at the lowest remunerating prices, begs to submit the fol-
lowing list for their consideration :

friendly and neighbouring States to which we are bound
by international law. If, indeed, it were possible that
the law of this country disabled us from performing those
duties of paramount obligation, then, indeed, it might
be necessary to consider the subject ; but as I trust—
and I am now confirmed by my noble and learned friend
—that this is not the case, I hope that we shall be able
to do all that foreign powers have a right to require,
without having recourse to any extraordinary remedies
of this kind. My lords, if it could be supposed possible
that the Government of this country, or that the people
of this country, had any connivance with, or were even
indifferent to the perpetration •of the acts which have
been alluded to, then, indeed, a greater degree of hosti-
lity would be justified than any that has been hitherto
shown towards us. I speak not only of the atrocious
attempt on the life of the illustrious prince, the hope of
his family, whose danger has revived all that ancient
loyalty and devoted attachment which has been so long
the possession of his family, but also of the recent out-
break at Xilan, where a few desperate men have taken
and put to death some sentries at their post, and other
isolated individuals. These men may call themselves
patriots, but they are merely assassins in disguise.
My lords, I think that any powers such as are supposed
to be neoessary for the Government of this country to
possess would really be injurious to the tranquillity and
peace of this country.. (Hear.) If such a law as that
to which I have alluded to should exist, it must either
be on the supposition that discretion would be exercised
and inquiry instituted in every case before the law was
carried into effect ; this would naturally lead to differ-
ences of opinion between the State complaining and our-
selves, as to the amount of proof required, and might
thereby lead to very serious differences between us ; on
the other hand, the only alternative would be a gene-
ral acquiescence in any such demands, and that would
be a state of degradation to which it would be impossi-
for us to submit. (Hear.) But I trust that if foreign
Governments are persuaded, not only that • the Govern-
ment but; the people of this land have no sympathy with
any such, abominable attempts as those to which my
xtQlakemmil learned friend has alluded they will he dis-
posed to trust sintefityramtitt
the honesty of the attempts of the Government to put
that law into effect which we consider to be sufficient for
the purpose. (Hear.) My noble and learned friend has
alluded to the duty of the Government to take the initi-
ative in these proceedings, and to institute prosecutions
upon them. Now, I have the satisfaction of informing,
my noble and learned friond that the Government have
already come to that decision, in case of any such events
occurring as to give fresh ground of complaint—(hear)—
not to throw upon the foreign minister the burden of
instituting such a prosecution, but when a case is made
out sufficient to justify a proper legal pr•oceeding against
any party so implicated, that the Government will take
it upon themselves to carry on such prosecution. Foreign
powers have already been informed of that determina-
tion. (Hear.) Ido not know that I need say anything
more on this subject. Lamenting, as we all' must do,
the existence of any cause which should produce aliena-
tion and estrangement between powers which have been
long and intimately connected, I do trust that the as-
surance we have given and are prepared to act upon may
be sufficient to allay the alarm which has prevailed upon
this subject. (Hear.)

Lord BROUGHAM said that he could not avoid
adding a. few observations to those which his noble and,
learned (Lord Lyndhurst) had made, as the subject was
one of extreme importance, not only in a constitutional
sense, but with a view to the great interests of the peace
of this country, and of other countries. In respect of the
law as stated by his noble and learned friend, it would be
presumptuous in him (Lord Brougham) even to accept his
challenge by confirming it by his testimony. The authority
of his noble and learned friend—•greater than his (Lord
Brougham's), or than that of any person in that house—
was amply sufficient, and he would venture to say that
there was-ne lawyer in Westminster-hall who entertained
the shadow of a doubt that the law of this country, as it
at present stood, was amply sufficient to visit with se-
vere punishment, not only all conspiracy such as his
noble and learned friend had described, but lesser at-
tempts against the majesties or constitutions of foreign
nations ; he meant even libels against the persons of
those Sovereigns or authorities, which, by the law of
this country, were offences against the Sovereign of this
country and against the municipal law of England.
Conspiracy might be tried and prosecuted here, although
the place to which the conspiracy bore reference was a
foreign country. They had had a remarkable instance
some years ago, when a noble and much lamented friend
of his had been actually put upon his trial, and tried at
the sittings at Guildhall, for a conspiracy to do certain
acts in a foreign country—in South America—the lo-
cality of the conspiracy being alleged to be in England.
He (Lord Brougham) would step aside for a moment to
remark, that a greater and more flagrant example of the
evils of the system of grand juries without a public pro-
secutor he was hardly acquainted with than that very in-
stance, when that prosecution could not have taken place
if a responsible public prosecutor had the charge of it.
The law here was amplysuffleient to puni©h offenders who
might conspire here to commit offences in Milan,Vienna,
Berlin, or any in other foreign state. In the case of the
King v. Peltier, the defendant was prosecuted, not by
the French ambassador, hut by an ex-officio information
laid by the Attorney-General. Peltier was convicted of
a libel on the Emperor Napoleon, then First Consul of
France, during the peace, and was not only brought up for
judgment by the accident of a war having broken out ;
and he entertained considerable doubt whether that
was a sufficient excuse for not calling the defendant
up for judgment. The law, therefore, was quite suffi-
cient. But, as had been well observed by his noble
and learned friend, it was the fact that was deficient,
and not the Liw—the difficulty of getting evidence, the
difficulty of finding the means of prosecuting to convic-
tion, without which a prosecution would do more harm
than good to the parties who were anxious that a prose-
cution should take place. The consequence of such a
prosecution was practically this : a long day's work in
the Court, consisting in great part of an able and elo-
quent, and most powerful address to a jury, aggravating
every topic contained in the libel, in offering all sorts of
excuses in justification of the conspiracy charged ; and
that went forth to mankind with greater force than
the libel itself, with greater force than the rumour
the conspiracy itself. It went forth with all the force of
being a part as it were of a judicial proceeding, the
speech of counsel being in the mind of the vulgar con-
founded with the proceeding itself. (Hear, hear.) And
then came the difficulty of obtaining the verdict of a
jury—sometimes the difficulty of making the jury give
any verdict at all. In that case they were discharged ;
and the prosecution fell to the ground. In the other
case there would be a verdict, after all the abuse of the

libel, and all the effects of the conspiracy had been ag-
gravated by counsel ; and the result of the whole was
worse than if no verdict had been pronounced, or even
than a verdict of acquittal. All those parties who ad-
vised prosecutions in such cases ought to look to the
possible result ; and all those who urged the prosecution
ought to look at what they would get by such a pro-
ceeding. (Hear, hear.) He had taken the liberty of
making these observations because they were practi-
cal, and it was only that quality which gave them
any value. Another equally practical remark was
called for by the statement of the noble earl at the
head of the Government, and it was the only
point which he had omitted to dwell upon. It
was contended here that the law, as it at present stood,
was sufficient. Our foreign friends and allies did not
think so. They would fain in some places have an alteration
His noble friend had given an answer on that point quite
sufficient to show that no alteration could be hoped for
by them at the present time. But what would be the
possible result of any such alterations as that desired ?
Nothing would satisfy them so much as some law which
should enable the executive Government to drive from
this country those unfortunate persons who for one rea-
son or another had taken refuge within the walls, as it
were, of our general hospitality. He would not stop to
disclaim on the part of their lordships and on the part of
the people of England all participation in those atroci-
ous sentiments that had given rise to the late scandalous
and revolting proceedings, which he scarcely knew
whether most to reprobate—the successful attempt at
Milan, or, God be thanked, the unsuccessful one at
Vienna. (Hear.) This country with one voice would
be ready to express the depth, and the extent, and the
bitterness of their reprobation of such proceedings. But
he would go further and say that he could not believe—
that he was bound in charity and in common justice to
express his disbelief of the charge—that these unfortu-
nate refugees had been any parties to these atrocious'
events. But he would suppose for argument's sake,
that which in point of fact he did not believe, that the
refugees in this country had conspired to send assistance
abroad, or even had been at the bottom of the attempted
assassination ; he would suppose, which he could not in
common charity and fairness and justice to these poor
people, believe that they were not innocent of having
joined in a conspiracy or rebellion, and, still more, of
having joined or set on a murderous assassin—the ques-
tion would be of a law, and the execution of that law,
which should drive such persons from their refuge here
to a far distant land. Suppose the Government had the
power, under the Alien Act, of driving them out of the
country. They could not go to the continent of Furope.
That was quite clear. The moment they were driven out
of this country there would be no rest for the sole of
their foot on the continent of Europe. They would
be driven across the-Atlantic. Would that put an end
to conspiracy ? Would that put an end to the sending
of succour to Europe, or the sending of assassins to
Europe ? It would be the difference between fifteen
days' sail and four or five days' sail, and then precisely
the same risk would be encountered by these foreign
princes and governments, if they run any risk. They
would run just the same risk after a little delay, and
no difference could by possibility be made by the exist-
once and execution of such a law in the prevention of
these schemes, Whether of murder or conspiracy. (Hear.)
He hoped these considerations would have their weight
in high quarters, and that the parties interested would
see that if they wished for such a change in the law and
its execution, that it would have no kind, of practical
effect. The subject was one of paramount importance,
and he trusted that the little discussion which had taken
place, and, above all, the statement of the noble
earl,
would have a decidedly beneficial effect, (Rear,) e