The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-09
Special Penal Legislation Against
Fanatical COnSpiratOrS.
DUCHESNE's ACQUITTAL.
The Crowns Accession to the
Demands Of Germany.
IAN OFFER TO COMMIT CRIME"
Bismarck Satisf1ed-A Libe-
raj Victory.

BRUGEs. June 20, 1875.
ON the acqulttal Of Duchesne, the woud-be
assassin OF Prince Bismarck, because there was
no law under which he could be convicted 1t was
felt BY the most sensible men OF all parties In
Belgium that the question OF reform OF the
penal code pressed for consideration. A Catholic
Cabinet did not hesitate to take up the subject,
and on the 9Th inst the Minister OF Justice laid a
bill before the Chambers which expressly provides
Tor the punishment OF persons who shall offer 10
commit crime which is punishable at law by
death or imprisonment with hard labor. This
bill was referred to o select committee, which
has just published its report, approving, with
few slight reservations the Ministerial project OF
law. Thus Belgium has practically acceded TO
the
DEMANDS OF PRINCE BISMARCK.
and has acknowledged the justice OF the repre-
Bentations made by Germany. Although cleri-
cal Minister Is the author OF the new law, Its en-
Rctment will be regarded as victory for liberals
and the government win be supposed to have
yielded 10 the pressure OF pubic opinion rather
than to have acted on Its own Initiative. Nor can
II be denied that tne alteration OF the Belgian code
In the sense suggested by the chief opponent Of
the Papacy Is, to q certain extent, moral tri-
umph Tor those who take the side OF the state in
the great contest; for their fears are thus aad-
mitted TO be not altogether groundless and their
propositions far from unreasonable. AS TO the
general question, whether the Law should take
notice OF
OFFERS TO COMMIT GRIMES,
there 10 considerable diversity or opinion. Those
who have merited the name of liberal have for
many generations been extremely unwilling TO
encourage what may be called the manufacture OF
constructive crimes, as putting too formidable
weapon into the hands OF the Executive with
which to modest his political opponents. Thus for
nearly four centuries the defenders OF English lib
bries strove to maintain in Its integrity the
famous Statute OF Treasons passed in the reign Of
Edward III. Students OF history will remember
how courty lawyers and, unfortunately, courty
Judges, too, were en1eavoring to extend the
meaning Of the phrase 'levying war against the
king" Till mere letter, only limiting at the posi-
bility or civil war, came to be regarded as sum-
cient tor material Tor constructing charge OF
treason This tendency of English law naturally
caused the most innocent men to walk about in
lear and trembling, afraid to speak word or
write o line that might not be misconstrued to
their ruin. 1t was doubtless In those bad times
that the saying arose, which has been attributed
to Eldon :-"GIve me five lines OF mans hand
writing and will hang him.u The last addition
to the
CRIMINAL CODE OF BELGIUM
ia fraught with dangers OF o similar kind, which
were well Indicated by the celebrated RossI nearly
hair century ago. It was Impossible, he OBJ
served, to s;igmatize mere proposition as a
CRIME. The law could never be certain whether
the words which formed the ground OF the accu-
sation were correctly reported, whether they
were spoken in earnest, and, he might have added,
whether they were written in earnest; whether
they expressed liked determination to commit a
crime were merely an ebullition OF anger.
Again, he pointed out with reason that In the
trial OF a man fer proposing to commit a crime,
ne
tainted, being by Its very nature breach OF con-
ndence.
A CASE NOVEL IN ITS ATRocITY.
Yet 1t is evident that Rossi never contemplated
so peculiar case as that OF Duchesne, where an
honorable man was the unwilling recipient OF a
proposal from scoundrel which 1t was clearly
his duty to make known to the proper authori
hes. 1t would have been absurd TO attempt to
throw discredIt on the statement OF the Arch.
bishop OF Paris, even II Duchesne had not admit
ted his guilt. The oversight on Rossis part is The
more curious, as history presents many examples
OF offers OF assassination and it is evident that in
the interests oil society. 1t Is undesirable that a
person VINO has seriously expressed an intention
OF numbering another should be at large. Without
discussing the measure OF crimInality which is i'm
piled In an Intention, one might suggest
that, as matter or precaution for the
public safety, the intending homicide should
be prevented from carrying out his plans,
In what Is the only effective method-viz.. locking
him up. AS bail Is not given to men accused OF
murder more stringent measures of restraint
would seem TO be justlnape In the case OF a
would-be murderer than simply binding him over
to keep the peace.
CONSTITUTIONAL LEGISLATION.
The government DILL 1t should be added, is
framed somewhat in the spirit OF an English act
oil Parliament, Ior 1t is extremely restricted In its
scope and Is only meant TO remedy one deficiency
in the law and no morc-it seeks TO lay down no
new general principles Thus 1t enacts that an
ofer to commit a crime shall DO punishable, but
Dnly II the ofer was made for valuable consider
ation-that is, for money or promise OF money.
Duchesne proposed to murder Prince Bismarck
for given sum OF money, and there was no law
by which his particular offence could be reached;
accordingly Belgian statesmen are content to
make law which shall meet precisely similar
cases IN the future, but they go no further. The
influence OF
ENGLISH IDEAS
b very evident In this extreme legislative eau.
ton. In fact close observers have been inclined
70 divide Begians politically into three classes
apart from the grand distinction between cleri-
calls and liberals. There the English, the
french and the German parties TO begin with
the last, many ambitions citizens oil this little
State would prefer TO become citizens OF the GER
man Empire. They would wish their country,
Wnile retaining its own laws and It's own Parlia-
ment, to enter the imperial federation and to be-
miltariy and automatically speaking. completely
absorbed IN the Fatherland. 1t Is needless to say
that this GermanizIng party is exclusively com.
posed OF liberals. but liberals in the re-
siricted German OF the word
VIZ, anti-Cathohcs, but not lovers OF dem
ocratic ideas. The most august parsonage
IN he ~ ha In
dent to express his private sentiments, be lar
rom unwilling to accept such position as is at
present held by the kings OF Saxony and Wur-
temocrg. HIS own sympathis are naturally Ger
man and Protestant, and he is almost member
oftne imperial family. Moreover there are
CERTAIN REVOLUTIONARY ELEMENTS
at work In Belgian society which menace how