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

THE FPE-flrf "PrßEr SiFILTY" Brrt,

The " Public Safety" Bill came on for diaeussion is
the French Cdrpe Legi-latif- yesterday. life=-:Emile
Ovilmlivii,ear4etbve .
member for Paris, :opened the debits' in an
. . • ..
of which the,following in an impOrfect
hut.n
Breil'ngrate
:IsklLtr:l4-;711 ratliar say to iMplcire;
jest the pioo,spubosoeufdahldoau4wye,:tlboau,mat
a-t.nhoetllaseedtgeteisii!nieiii:ult,roettah..sts:sovioss:eilrrertfloitergetti..hficei:Le:plyeicos;
I propose to attir:eaksanano,_‘_el:;iglii-twitprel-stlir
ao.miggityniooat:
justbmnotr moral
linmpisili
world,render ttloreuhsleomonagoexptio,esstihoen onlyofm
speaking to those out of doors. I speak to you,
tniheonatfit.boerspo:
usedthis
iin house,
m y bureau,a n d adtdh,
arte
luade
om remembering ng
addresse n el eyte !twit
My first objection to this law is th it it is teasel uP.ia a ealse
pretence. The attempt on the Emperorii life was frustrated
by Providelre'e, and lam -grateful for the mercy. The fate of
nations can no more be influenced by the assassin than
,it
can by the executioner. Bat this crime, as you have 'been
told by everybody, was conceived in. a foreign Country,: ppm.
milted by foreigners, and inspired by tike resentment oE
foreigners—it was not a French crime. Tyeeeconcrretir,oachr
that I make to the law is that it violates aIL the pririNple
that civilised nation. 3 are agreed to consider as of the 'essences
of sound penal legislation. In the first place, the bill,xolates,
the principle of the separation of powe-s. Mentes fuleu tel:a
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
citizens,at the mercy of three agents of the execultile.
-Se-
cond, before this new tribunal all those forms which oven the
most hasty justice cannot di 4peuse with will dis'appear; :No
examination of the accused,
,uo confrontation with the wit-
nesses, no defence, no discussion, no publicity. Tue Aiiuiator
of the Interior will be at once the accuser, the defender, and the
judge. Third, every penal la w ough fe! early to define the offence.
A law that fails in this particular is n Levi.. 114+4 pitiohig
a guarantee, it becomes a standing menage ,and 60a.
vcnient 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 interpeeea._
floes., it punishes those who " excite publicly in any way
whatever;" those who practise manceuvres, or keep up in-
tel'igence ahroa•l ; and exiles those against whore 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 subjecting to
transportation those who were condemned in ISIS, 1819, and
1851, and who have undergone their sentences. Fifth,
_it
does more, for it operates against persons ,retr Y.-activ.ely., it
will be attempted to deny this positicrr, - because it is • add,
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 i" It means nothing certain, but sharply
something which, according to circumstances, may bo,deemed
to be such by. those in power. (The- hon. member here cited'
a striki4 passage from Portalis, condemning retroactive laws,
and a-report of the - debate in thet 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.) But who
could be sure that he might not be obnoxious to its provi-.
sions ? -When Murton established the revolutionary tribunal,
he thought he was clearly comprised in the exception ; but -
shortly afterwards his own head 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 these who did not conspire, but who were
said to live in-a state of " culpable expectation " The word
suspects was reenicliated, but this totally new word" ex,-,ee-
taut" was equally terrible. These " eipectants," who were
to be transported, lived by their labour, and transportation to
many of them would be tantamount to a sentence to misery
and death. (Here 31. 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 for nine years. You are at peace with all
the world. You have an immeuse army, an able police, an
enormous budget, strategetical roads through your capital,
trod fortresses at all convenient places." No liberty exists.
The g, eatest of all—that of the press —is annihilated;
_and _
yet you come to ask for laws of "public safety." Do. you
not feat that the country may say, " I have sacrificed to you
my liberty, my franchises, my traditions, the comqueets 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 I" . •