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

(From the Daily News)

. ,
All honour to M. Emile 01Eyler. Amid the silence and
stupor that benumbs France--the fawning 11 .tterles of a sue.
naced press, and the abject prostration of a sdrvile legislature
—this brave and honest 'citizen! has manfully stood fatal a to.
protest in the names of violated justice and putragid society,
against:that monstrous law of "Public Safety, whioh our-
rendera up the lives and liberties of F4renehmen to the uncon-
trolled ;despotism of irritated power.. law .of " Pnblie
Safety"—its very; name makes the blood run cold.. Sixty
four years vanishlike a dream, and we are face to face again
*ith that horrible tribunal, where suspicion was proof,' and
accusation guilt; where there was but one step from the
groundless charge to the merciless sentence and the inevitable
doom. Two periods of history have hitherto been infamous
for a law of " Public Safety :" the gloomy despotism which.
Tiberius inaugurated at Rome, and the fantastic tyranny
which Robespierre enthroned at Paris. Is it *possible that
Napoleon 111, can be mad enough to dream of leaking a third
experiment of the same sort on the patience of mankind f If
not, what aro we to say to a law like that which is now no-
minally under discussion in the Corps Legislatif—a law
which, without the forms of public trial, punishes with an
exile that in its severity is tantamount to death, all those
who " excite publicly in any way whatever," who " prac-
tise manoeuvres, er keep up intelligences abroad "—a
law which, absolutely without any kind of trial,
renders amenable to the same sentence those who
have been already condemned and punished for offen-
ces connected with the political troubles of 1848, 1849,
and 185'4. In the worst days of the Roman despotism,
in the darkest gloom of the Terror, a viler mask, was never
devised for screening, under the guise of law, the lawless ex.
cesses of Poweg; and it is to the Potentate by whom, and for
whom,, this instrument of oppression 'has been invented, that
Lord Palmer.ton would concede the privilege, never, granted
before to any foreign ruler, of dictating innovations in'the
old common law of free England, M. Oilivier, in his admir.
able acid courageous speech, points out with. dignified and
temperate firmuess the various objections to this most mon.
strous project of law. He accuses it, and with justice, of
violatipg all the principles that civilised nations are agreed
to consider as of the essence of sound penal legislation. It
violates the great principle of the separation of the executive
and jUdicial powers. The Government arrests, the Govern.
went 'irosecutes, and the Government judges. It leaves the
fortunes and liberties of French citizens at the absolute mercy
of the (agents of the Executive. It violates all those forms
which the uniform experience of ages has shown to be the
only safeguard for the admiuistration of justice. There is to
be no publicity, no cross•examluatio'n of witnesses, no speech
for the defence ; everything is to be conducted in secres3r.
Again, it violates one of the first maxims of all criminaljuris.
prudence in this respect, that it contains no precise defini.
tion Of the offence; everything is vague and uncertain,
everything is left to the widest latitude of interpretation.
What is a "grave fact ?" what is, or rather what is not, a
" praetisiug of manoeuvres," and a " keeping up intelligence
abroad ?" Who is to pronounce what does or does not come
ut;der the words " exciting publicity in any way. whatever I'
The cold and gloomy hypocrisy of Tiberius, that sapped the
liberty he pretended to worship, never threw a more fatal
drag-net over Rome, by his fatal law of ltes(eniajestati.s than
this "'Public Safety" Bill would throw over France. No law,
as M. 011ivier truly and courageously declared, has ever 1)- en
proposed which violates so many ftuidameutal ,principles.
" We are told," contiunes this brave man, "that the law is
only meant to attack red-republican socialists and enemies of
or ler. But who can be sure that he may not be ohnoxious t•
its previsions? When Dauton established the revolutionary
tribunal, he thought he was clearly comprieed in the exceP_:
tion, but shortly after his own head fell on the scaffold,"
Addressing the Imperial Government, in astrain the boldnesi
and truth of which has rarely been surpassed, M. 011iver ex.
claim; " You have governed this country trine years ; you
aro at peace with all the world; you have an immense army,
an able police, an enormous revenue, strategetical roads
through your capital, and fortresses at all couvenieut places.
No liberty exists, The gre itest of all—that of the Press—is an.
nihilated, and yet you come to ask for laws of public safety.
Do yon not fear that the country may say, ' I have sacrificed to
you my liberty, my franchises, ray traditions, the conquests
of my blood—all that made me glorious among nations,
for the sake of a little tranquillity, and you row ask for more
—where will you stop " Heroic words—words of truth.
and soberness ; words worthy of a freeman ; words that
ought to kindle a blaze of resistanea in a free nation.' What
effect they may have in Franco rests with the future. They
cannot fall altogether idle. In Milton's phrase. they are
" like the fabled dragon's teeth, which being sown up and
down may chance hereafter to spring up armed men." For
this we must wait what the years may bring forth. But one
thing is certain. They ought not to be without their weight
in England. They ought to make Englishmen deeply ponder
before they entrust a reckless Minister with the power
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France.caprices

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