The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-25

army and every regiment and indeed every detachment
should present addresses 10 the head Of the existing
ernment upon such that which has recently
happened There was therefore, thing in the fact OF
the ADDRESSES being presented and published which was
departure from the ordinary aud uniform practice prevail
ing in France But there undoubtedly in those ad-
dresses expressions and passages 10 which IN this country
offence taken, and at which, II II was hitting that we
should examine into what passes foreign countries Of
might Justly have been taken Well sir the govern
ent thought desirable inform the French govern
OF the effect which these passages lad
Roduced upon the public in this conntry-(near hear!-
I'd glad 70 that my noble irssnd Lord
as had despatch placed in his hands by the french
AMBASSADOR by the direction Of the French Minister OF
oreien Affairs, in which rs stated that LORD CONVEY
having communicates TO Che French government that I'm
preston which this circumstance had produced Count
waewski directs the French Ambassador here TO state
tbs. The practice Sss 2 ssses ont Of many hundreds
which had been presented passages were allowed 70 De
printed which objection nigh. be taken 10 England,
of those who hsi the charge of publishing the addresses
f"Oh' ooh and lsughier)dsf that he ~ds commanded
rss,sd NAH had BEEN So tCheers) think, therefore,
tba, o. far any objection to the revision OF our laws
relates b the recent France, ought to accept
tie ezpanaticn ggtrci by the kmperw Of the French
IN the sdms handsome ndnnsr IN Dhsch he has made
the question freed fr,m any difficulty which
might have been created by the circumstance to
voch have referred Upon our examining the state Of
ur appeared that the law in this country
conspiracy to commit murder simply q misdsmeanor
subject TO fine and short period of Imprisonment. In
fact the offence OF consprng 70 commit murder is consid
cred in the same light as a conspiracy TO commit any
other CRIME. In another part Of the United Kingdom in
Ireland, we found that the law very severe; that
conspiracy TO commit murder wac a capital offence
appeared TO that while the hand the law Of Eng
Land slight and the pun hment sufficient to
deter persons from the commission OF crime so 90 the
other hand the law of Ireland severe than was
necessary for the purpose, and that ii would be an i'm
prcvement 10 make the Law Of the United Kingdom uni
form throughout by reducing the penalty in reand aud
increasing the penalty in England That which we pro-
pose, therefore, s that conspiracy TO commit murder
shall be deemed felony punish by penal servtude,
according
discretion of the court, for a period varying
from the whole of life TO period of not less
thar five years or by imprson ment, with or with
out hard labor for period not exceeding three years
The law will apply 70 conspiracy by persons in this
spring murder whether British subject or foreign
this country in any other OF course, If in this
country conspiracy To murder were to succeed the
who conspred would be subject to all the penalties
Rsohabe to the crime OF being accessory before the act
and il respect Of conspiracy against out OF the
tnitec Kingdom, propose that the crime which the
conspiracy intended TO produce would be murder &C
rg To the law Of Erglapd-f the crime actually
committed within the United Kingdom-so the crime
should be the same the person plotted against was out
OF the United Kingdom. The bill is very short; it pro
vices
Great BRIAN and Ireland the islands Of Jersey Guern
or Being either Within Or witsou, 15e said United
kicgcom sind The SAID ands to commit murder either with
felony, being convicted thereof shall be liable to be
no les h"D Se or 10 with or witho"
hard soor for any term not 'eedng three ysars That
th said islands ncte ,ns'gse or solicit any other person
10 either within or wSou hSr
mnions shall be guilty of Felony and shall be liable on con
amy no, less than years to imprisonment
YEARS AND any person ebarsesbe uder Se provisions Of
th act may be sppr-hended aud punished and Otherwise
United Kingdom IN which Is he found q o.
ner "a VI N ieons WIN ~non o. - M oeen o
his act in which murder shall be alleged have
tespted be committed foreign country the word
murder, shall be considered % the killing Of pc,
whether the subject Of her Majesty not under such
would. If the person killed in the
fad Cuied Kingdom. make ouch killing by the laws OF the
cable 10 S' Ireland t4''" ''' ''f''
will be seen that the effect Of the bill increase
peualty conspiracy TO murder far relates TO
Grea, tain and to dmirh the penalty regards Ire
land and W make uniform law for the whole king
dom. think this will he Improvement in the law OF
country. a-o tbiok lie due the character Of this
country that crime having been attempted the arrange
mens Of which partly concerted in this country we
shout far a can, without acting at variance with
constitution with any legislation which would not
be itself right and proper show feelings 10
take under review the particular which relates to the
crime which has been committed. II may possibly be
said that yet the present law has not been found nef
fectusl-(hesr, hesr)because proceeding has taken
place under h-(hear, hesr)-but permit me TO ask
whether the object Of laws being TO deter from the com
mission OF offence by increasing the penalty OF offence
offences being Committed And though this crime
has beer scarcely known IN this country, and therefore
there has been in which the law has been ap.
phed, be said that not adding 10 the secu
rhy against the crime by increasing the penalty
be inflicted In 1t shall be commuedS cannot but
think that the provisions Of this bill will have decisive
effect lettering tbose who may wish TO make this coun
Try place where they may hatch and concoct crimes OF
dsgraceful Character and at all events they will learn
that they do without liability to punishment
therefore propose % the House that should have eaveto
bring IN ts bill for the purpose OF amending the law with
respect 20 conspiracy and murder. (Hear, hear)
The suon having been put,
Mr. KISGIAKE rose 10 propose, as an amendment-
made The e Of he Emperor aud anx3ns on proper
land the effect Of which be to Renter such empts vaio
mann @' msss SaTnt wawsks Of anaar 20
until further Information shall be obtained AMI un alter he
nenis subse lueut 10 this despatch
Nj HAnY1KD seconded tue amendment
Mr.. R1wYER supported the bill
VI Fox ohiected to he bin Tor several reasous-amongst
others be,au-e made alteration in our laws al the IN
stauce Of another government
NJ CuTN objected 10 the ball, believing II TO be unnc'
Cefsary and sham.
sir joHN wAiSn thought thee was great difference
the right Of YUM and the abuse of that right
lord Eico did not think that sufficient case had been
made out Tor the introduction OF the bill
Mr RoErcK said that he would AK tie House TO con
siGer what the real position OF the country At the
JIesen The whole Of Europe, with the exception
Of Belgium and Sardinia present subject to eespot
ism. Hear, hear) The only SPOT Of Europe was tue
two Of Britain and Ireland whore freedom Of
speech permitted Hear hear. We were the oasis
10 the desert Hear hear) That desert hal grown
from dsv 10 day ana from hour 70 hour within his reco
lection II bal been daily narrowing the sphere OF hoer
~ In Fu-ope and England was low 70 me PROV position
this be- woeld say however u might be lamentabie
cneFueland was now the proud position OF beng the
sole dcp sury q liberty in Earope. II England we're
stricken Gown 10 morrow did they suppose that Belgium
ana sardinia would exist for day. Cheers Well, then
for the sake Of mankind he sad lit became their
duty 70 consider what they dd lest they did anyrng ~
circumscrhe the liberties ~ England. tC1eers) This
county at present an asylum for all distressed
persors-rc,. ~ was said, that people might
come W England of every description because England
had made TIRE aiee give 10 ormiuals bat they did not
give up political criminals. (Chesfs) That was the
great dhtiuctiou; such the position that they
p sessed in Europe and this the time at which they
were called upon alter the Law u England. Here for
ages they had granted asylum and safe asylum, 10
every political refugee What then, the present state
Of the law II this that conspiracy ~as the
crime of conspiring together do illegal con
spring together 10 do legal act IN an Illegal manner.
That VS. crime according the Law OF England There
ua only one case the Law Of Eaglaad 10 which the
crime OF conspiracy was erected into capital offence
ana was the crime of high treason CJnspiring 70 Kill
the gn the CRIME o. high treason The crime
did not consist killing the sovereign but 10 conspirng