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

PARLIAMENTARY DIVISION.

HOUSE OF CONIMONS—FEB.I9.
CONSPIRACY TO MURDER BILL.
Order for second reading read ; motion made and question
proposed, " That the Bill be now road a second time :"
Affondment proposed, to leave out from the word " Tbat "
to the end of the question, in order to add the words " this
House hears with much concern that it is alleged that recent
attempts upon the life of the Emperor of the French have
been devised in England, and expresses its detestation of
such guilty enterprises ; that this House is ready at all
times to assist in remedying any defects in the criminal
law which, after due investigation, are proved to exist, yet
is cannot brit regret that her Majesty's Government, pre-
vious to inviting the House to amend the law of conspiracy
by the scsond reading of this Bill at the present time, has
not felt it to be their duty to make some reply to the im-
portant despatch received from the French Government,
dated Paris, January 20, 1853, and which has been laid
before Parliament," instead thereof :—Question put, "That
the words proposed to bo left out stand part of the ques-
tion." The House divided—Ayes 215 ; Noes 234.

AYES— 215.
Adeane, 11. Fo'e v, 11. W. Osborne, R.
Atherton, W. Foster, W. G. Ossulston, Lord
Bagshaw, Robert Fortescue, lion. F. Paget, C.
Bagwell,"John Fortescue. C. S. Paget, Lord A.
Baines, Rt. lion. M. Gallwey. Sir W. Paget, Lo dC.
Baring, A. Gayer), Major Palmerston, Viscount
Baring, 11. Gitnrd, Earl of Patten, Col.
haring, Sir F. Glyn, G. Pease, Fleury
Baring. T. G. Goderleb, Viscount Perry, Sir S.
Barnard, Thomas Grcavcs, E. Philipps, J.
Ilattrurst, A. A. Greer, Samuel Pinney, Col.
Rentinck, G. Gregory, W. Pryse., E.
Bethel!, Sir R. Gregson, Samuel Pritchard, J. .
Biddulph, Col. R. M. Grenrell, C. P. Pugh, D.
11 ake, J. Greville, Colonel F. Puler, Christopher
Bland, L. H. Grey, Captain Ramsdell, Sir J.
Bouverle, lion. E. P. Grey, Rt. Hon. Sir G. Rawlinson, Sir H.
Bouverie, Hon. P. Grey, It. Raynham, Viscount
Bowyer. G. Grosvenor, Earl Renton, G.
Boyd, J. Gurdon, Brampton Richardson, J.
Brady, J. Gurnee, Samuel Rid:ey, George
Brampton, T. IV' Hall, Sir Benjamin Russell, A.
Brocklehurst, J. Hanbury, Robert Russell, F. W.
Browne, Lord John Hankey, T. Rust, James
Bruce, Lord E. Ilanmer, Sir John Schneider, Henry
Bruce, 11. A. Harcourt, G. G. Scrope, G.
Buckley, Gen. Harris, J. D. Seymour, Danby
Bulkeley, Sir R. H irtinzton, Marquis Smllt, W.
Buller, J. IV. llatchel!, John Smith, V.
Burke, Sir T. Heatheote, G. Smith, Sir fr.
Calcratt, J. Henehy, D. Somerville, Sir IV.
Campbell, It. J. R. Heleaze, Geo. F. . Spooner, R.
Castlerosse, Vis. Herbert, 11. Stafford, Marquis
Cavendish, W. Holland, FL Steel, John
Cavendish, G. C. /loward. C. Stuart, Colonel
Cayley, E. S. Ilugher, W. )1' Start, C.
Clark, J. Ingham, R. Sullivan. Michael
Clay, James Jermyn, Rt. Hn. Earl Tancred, li.
Clifford. C. C. Jervoise, Sir .I. Thornely. T.
Clive, George Keating, Sir 11. Thornhill, W.
Codrington, Gen. Kendall, N. Tollernache, F.
Cogan, W. 11. F. Klnglake, J. Truman, C.
Coiebrooke, Sir E. Labouchere,Rt.limil Turner, J. A.
Collier, 11. P. Langston, J. 11. Vane, Lord 11.
Cowper, W. F. Langton, H. G. Verney, Sir 11.
Coots, Sir C. H. Legh, G. C. Villiers, C.
Cotterell, Slr H. G. Levinge, Sir R. Vivian, J. C.
Crossley, F. Lewis, Sir G. C. Waldron, Laurence
Davey, R. Lincoln, Earl of Walsh, Sir J.
Davie, Sir H. R. F. Lowe, It. Walter, J.
Deasy, It. Luce, T. War re, John
De Vere, S. E. Macarthy, Alex. Wegaelin, T.
Devereux, J. M`Cann, J. Western, S.
Divett, E. Mackie, J. WeAhead, Joshua
Dodson, J. Maguire, J. F. Whatinan, J.
Duff, M. Mangles, C. Whitbread, S.
Dunbar, Sir W. Marshall, William Wickham. 11.
Duncan, Viscount Martin, C. Wigram, Loftus T.
Duncombe, A. Martin, P. Williams, M.
Dundas, F. Massey, W. Williams, S r W.
Dunne. 51- Matheson, A. Willy.ims, E
Dutton, Hon. It. H. Matheson.tilrJ. Willoughby, Sir IL
Ebrington, Viscount Mellor, John Wilson, J.
Ellice, E. Mills, Arthur Winnington, Sir T.
Ellice, E. Mitchell, T. A. Wood, Sir C.
Ennis, John Moncreiff, J. Wood, W.
Esmonde, J. Morris, D. Woods, Henry
Fagan, W. Mowbray, J. R. Woraley, Lord
Ferguson, Colonel Newark, Viscount Young, A
Ferguson, Sir /Used Norris, J. T.
Finlay, A. North, F.
Fitzroy, Henry O'Brien, P.
Foley, J. H. Ogilvy, Sir 3.

TELLERS.
Ray ter, W.
_

llrtind, 11 B. W.

NOES-234.
Adair, H. Fitzgerald, W. R. S. Moffat, G.
Adams, W. H. Forester, Col. Montgomery, Sir G.
Adderley, C. B. Forster, Charles Morgan. 0.
Akroyd, E. Forst, r, Sir Geo. Newt, Lord
Alcock, T. Fox. W. I. Napier, J.
Annesley, Hon. Hugh Frazer, Sir W. Napier, Sir C.
A rchdall, M. Galway, Viscount Newdegate. C.
Ayrton, A. Gard, R. Newport, Viscount
Bane, H. Garnett, William Nicoll, D.
Ball, E Gaskeli, J. Noel, G.
Baring, T. Gilpin, Col. 11. North, Col. J. •
Bernard, T. Gladstone, W. Pack°, C.
Bass, M. Graham, Sir J. Pakinoton, Sir J.
Baxter, W. Grcenall, Gilbert Falk, L.
Beach, sr. Greene, John Palmer. R.
Beale, S. Grenfen, Charles W.
Fault, Henry
Sexily°, Earl Griffith, C. echell, Sir G.
Bennet, Capt. Grogan, Edward F
eel, Sir RViscount
Berkeley, llonrk F. Hadfield, George ny
Blackburn, Peter Hamilton, Lord Claud Philips, It.
Boldero, Col. H. G. Hamilton, G. A. Pigott, F.
Boeill, W. Hamilton, J. Pilkington, J.
Bramley-Hoorn, J. Hamilton, Capt. Powell, Francis
Bridges, Sir B. *llardcastle, Joseph Price, W.
II r0.^,,, ›irjnr Hardy, G. Ricardo, S.
Buchanan, Walter lical., .1 T. Robertson, P.
Butler, I.•iir J. Heathcoate, Sir W. .I:JelmA, J.
Banbury, W. B. Henley, J. Roupvii, W.
Bury, Viscount Herbert, S. Russell, Lord J.
Byng, (1.11. C. Hodgson, William Scholefield, W.
Caird, J. Holford, R. &later, George
Cairns, 11. Hope, Alexander Scott, F.
Carden, Sir R. W. Hopwood, John Scymer, 11.
Cardwell, E Horsman, E. Shelley, Sir J.
Comae, Sir J.R. Hotham, Lord Sheridan, H. B.
Cecil, Lord R. Hums, W. Sibthorp, Major
Cheetham, John lltin+, G. W. Smith, J. B.
Child, Smith Ingestre, Viscount Smith, A.
Christy, Samuel Ingram, H. Smallett,'„A.
Clinton. Lord It. Johnstone, H. B. Stanhope, J.
Close, M. Johnstone, Hope Stanley, Lord
Cobbett, J. M. Jolliffe, Sir W. Stapleton, John
Cole, 11. A. Kelly', Sir F. Stirling, W.
Collins, T. Ker, Richard Stewart, Sir M.
Coningham, W. Kerrison, Sir E. Stun. 11.
Conolly, T. Kershsw, J. Sykes, Colonel
Copeland, W. T. King, L. Taylor, Colonel
Corry, 11. T. L. _ King, J. Tay:or, S.
Cowan, C. Kinglake, A.' ' Tempest, Lord A. V.
Cranford, E. H. J. Kingacote, Capt. R. Thompson, General
Crawford, it. W. Knatchbull, W. Tomline, G.
Crook, J. Knatchbull-Ilsguessen Townbliend, J.
I)aiglish, R. Kn'ght, F. Trerusta, C.
Dekeith, Earl
Darner, L. D. Knox, Col. B. W.
IT,
rroo
11
laolpvne
,y4isri
J.
Darner,
Langton. W. G.
Vance, John
Davison, R. Laslett, W. Vansittart, W.
Deedes, William Laurie, John
Dent, John Laldedointtg, tilodni,iilllr..o.
Dillwyn, L. L. Lennox, Lord A. F.
Lennox, Lord H. G.
Walpole. S.
Disraeli, B. Leslie, C. P. Warren, S.
Dobbs, W. C. Liddell, IL G.
White, James
Du Cane, C. Lindsay, W. Whiteside, J.
Duke, Sir I. Lisburne, Earl
Whitmore. li.
Locke, John
Dunlop, A. Williams, B.
Lockhart. A. B.
Du P ', all, George
Pre, C. William, W.
East, sir J. Wise, J.
Egerton, Eder. C. Lygon, Bon.r.
Lytton, Sir E. Woodd, B.
lcho Lord
Elan ey, Viscount Macsrtney, George Wortley, Major
Flphinsione, Sir J. Macaulay, Kenneth Wyld, J.lniea
Elton, sir A. H. MacMahon, P.Wyndham, General
Evans, Sir Do Lacy Manus, Richard Wyndham, a.
Evans, T. W. Manners, Lord J. Wynn, Col.
Ewart, W. Martin, J. Wynne, J. w,
Ewart, J. Maxwell, J. Wynne, W.
Ewing, Crum Melgund, Lord Yorke, E.
Farnham, E. Miles, W.
Farsichar, Sir M. Mil er, Taverner T MAIM
Fensexii, 11. Miller, Stearns Gibson, Milner
Blight, John

FOR AGAINST
Lord Ashley Mr Hudson
Mr B Carter Rn Col Lowther
Mr Wyvill Capt Lowther
Mr H Vivian Col Gilpin
Mr Mainwaring Hon R C Hill
Mr Q VansittartSir W Verner
Mr Raney Sir F Thesiger
Mr R Mangles Mr Wrightson
Mr T Mills Mr Butler
Lord Emlyn Mr Cox
Sir P Egerton Copt Jolliffe
Lord JEladdol Col Herbert

FOR AGAINST
Lord Sandon Lord Burghley
Major Gordon Mr A Steuart
Mr Handley ' Lord E Hitt
_ _

Capt O'Connell Hon J Percy
Mr Cubitt Mr Bolt
Mr Drummond Lcrd Lovaine
Sir A Agnew Mr B Blakemore
Mr B Sheridan Mr Cooper

Hon H Denison Sir H 4Booth
Hon J Mostyn Sir C Burrell
Cot Watkins Mr D Jones
Hon L A Ellis Sir E Hayes

* We are requested to state
at all.

lhat Mr. Ilardcast'e did not vote

THE PIiESCH " PUBLIC SAFETY" BILL.

The "Public Safety" Bill came on for discussion in
the French Corps Legitlatif yesterday. M. Emile
011ivier, the member for Paris, opened the debate in an
admirable speech, of which the following is an imperfect
but ac3crate sketch:—

In rising to ask—l will rather say to implore —you to re-
ject. the proyred law, I am not acting in the spirit of party,
but simply. as an honest mau. I destre not to serve the ephe-
meral passion of a day, but the eternal passion fur wlia' is
just and right. I propose to att m'c no ono, I wish only to
render the homage to the only legitimate sovereign in the
world, to use an expression of Mirabcau, —Right. lam not
speaking to those out of doors. I speak to you, members of
this house, and I add, remembering an eloquent expression
used in my bureau, that I do not address you without hop!.
My first objection to this law is th at it is bad upon a use'
pretence. The attempt on the Emperor, s life was frustrated
by Providence, and lam grateful for the mercy. The fate of
nat ens can no more be influenced by the assassin than it
can by the executioner. But this clime, as you have been
told by everybody, was conceived in a foreign country, com-
mitted by foreigners, and inspired by the resentment of
foreigners—it was not a French crime. The second reproach
that I m eke to the law is that it violates all the principles
that civilised nations are agreed to consider as of the essence
of sound penal legislation. In the first place, the bill violates
the principle of the separation of powe s. Montespieu tells
that the judicial power should always be separated from the
executive power, for otherwise " the judge might become an
oppressor." This bill leaves the fortune and liberty of
citizen's at the merry of three agents of the executive. Se-
cond, before this new tribunal all those forms which even the
most hasty justice cannot dispense with will disappear. No
examination of the accused, no canfrontatioa with the wit-
nesses, no defence, no discussion, no publicity. Tile Minister
of the Interior will be at once the accuser, the defender, and the
judge. Third, every penal law ought &early to define the offence.
A law that fails in this particular is n law. Inste ad of being
a guarantee, it becomes a standing menace and a con-
venient means of oppression. All peoples have, in all time,
preferred a precise law, however severe, to the mildest pos-
sible law that is uncertain. Every clause in this bill is
vague, and susceptible of the most extravagant interpreta-
tions. It punishes those who " excite publicly in any way
whatever those who practise manceuvres, or keep up in-
teidgence abroa 1; and exiles those againse whom there are
any " grave facts." Fourth, a leading principle of law is that
no one can be punished a second time for an offence that he
has expiated. This principle is violated by subjectin; to •
transportation those who were condemned in 1818, 1819, and
1851, and who have undergone their sentences. Fifth, it
does more, for it operates against persons retr2-actively. It
will be attempted to deny this position, because it is s id
that new " grave facts" must be established against them.
But you will not be entrapped by this quibble. What is meant
by a " grave fact ?" It means nothing certain, but simply
something which, according to circumstances, may be deemed
to be such by those in (The hon. member hero cited
a striking passage from Portalis, condemning retroactive laws,
and a report of the debate in the Convention showing that
that body, in the very worst times, had refused to vote
a law of that character.) No law (he continued) had ever
been proposed which violated so many fundamental prin-
ciples. It had produced such a panic in the country, that
the reporter had felt the necessity of reassuring the public
mind. They were told the law was only meant to attack
red republican socialists and enemies of order. t.But who
could be Pure that he might not be obnoxious to its provi-
sions ? When Danton established the revolutionary tribuhal,
he thought he was clearly comprised in the exception ; but
shortly afterwards his own heed fell on the scaffold. There
were already laws of ample severity against members of secret
societies. The truth was that the present law was only found
insufficient against those who did not conspire, but who were
said to live in a state of " culpable expectation " The word
suspects was repudiated, but this totally new word " ex•ec-
taut" was equally terrible. These " expectants," who were
t) be transported, lived by their labels, and transportation to
many of them would be tantamount to a sentence to misery
and death, (Hero M. 011ivier enumerated a number of tri-
vial offences which would bring citizens into the category of
persons liable to be transported without trial.) Politics
should always be subordinate to morality. " You have go-
verned this country fcr nine years. You are at peace with all
the world. You have an immense army, an able police, an
enormous budget, strategetical roads through your capital,
and fortresses at all convenient places." No liberty ex ate.
The g, oatcst of all—that of the press—is annihilated ; and
yet you come to ask for laws of " public safety." Do you
not fear that the country may say, " I have sacrificed to you
my liberty, my franchises, my traditions, the conquests of
my blood—all that has made me glorious among nations
for the sake of a little tranquillity; and you now ask for
more. Where will you stop ?"