20 FEBRUARY 1858, Page 11

POSTSCRIPT.

SITU/DA-Y.

The victorious position which Lord Palmerston enjoyed at the division on his India Government Bill was reversed last night, by what amounts to a vote of censure on his French Bill. Mr. Milner GiWon'a moderate amendment succeeded in raising the political question created by Count Walewski'a despatch as distinct from the professed question of law amendment embodied in the Conspiracy to Murder Bill. Throughout the debate, the Ministers endeavoured to confine the discussion to the bill and the law amendment ; but Mr. Gibson was supported by the most eminent independent Members of the House in keeping to the political question ; and thus he obtained a judgment of the Commons upon the conduct of the Palmerston Cabinet as acting between the French Go- vernment and the people of this country. In Moving the second reading of the bill, Lord PALAWRSTON endea- voured to remove a notion diffused abroad that the bill is an Alien Bill; and he ree:xplained the reasons that led the Government to introduce the measure as a law amendment ; a point more specifically treated at a later stage by the Attorney-General. HaVing done this, Lord Palmerston stated what had passed with regard to Count Wakwald's despatch.

" It was given personally by the French Ambassador to my noble friend the Secretary for Foreign Affairs, who then returned to the Ambassador that reply which I and all other members of the Government have over and over again given to foreign representatives,—that a change in our law with regard to the right of asylum is a thing which must not be expected, be- cause it is utterly impossible. We have often told them verbally, that we have never had a law binding against foreigners ; that our alien bills have been directed with reference to this country, to guard against the dangers which might arise from the misconduct of foreigners taking refuge in this country : therefore that it would be an entirely new law, and note repetition of previously existing laws. They could not expect the Government to grant improvements in the law as dealing with the Governments of foreign countries, because if foreign Powers were to ask for the expul- sion of their subjects from this country it would be impossible to comply with their wishes, and the attempt would only lead to disagreeable miscon- ceptions between England and foreign nations. Such was the answer given by my noble friend ; and to put such an answer as that into writing was un- necessary. There was no use to state, in writing, an answer which had been already given by word of month. (Cries of" Ok, oh !" «ttol" "Hear, hear .'") The only other thing to be done might have been to tell the

French Government what we meant to do. We might have told them that Certain measures were in preparation. But if anybody were justified in

Complaining, it was the French Government, because they might have said that we were wanting in ordinary courtesy to them—(Ironical cheers)—in not answering a communication which had been formally made to us. But I hope we are perfectly absolved from all want of courtesy on that point, because in a statement to the French Government, in writing, it could not be expected that we should formally communicate the intentions we were forming in our own minds, and which we were about shortly to lay before the British Parliament. There is no ground, then, for the complaint that we gave no answer to the French despatch ; for, in doing so, we should only have been led into a controversial and irritating discussion ; or it would have been said that it appeared as though the English Govern- ment was for the first time submitting to a foreign power. We felt that t was far better to submit to the British Parliament our views on a matter which is one of internal legislation, which we ought to keep within our own discretion, and of which we are not bound to give any explanation -whatever to any foreign government."

Mr. MILNER GIBSON rose to move his amendment ; taking groat pains . to explain its actual bearing. He said, that he did not move that the bill be read a second time that day six months, because he wished to invite the opinion of the House upon another issue, and he would hereafter move the rejection of the bill itself. lie wanted to ask the House, whether the important despatch of Count Wulewski ought not to have had a solemn and deliberate answer from her Majesty's Government. The amendinent states, in the first place, " that this 'House hears with much concern that it is alleged the recent at- tempts upon the life of the Emperor of the French have been devised in England, and expresses its detestation of such guilty enterprises." Every Member will agree with that. The next passage says, "That this House is ready at all times to assist in remedying any defects in the criminal taw, which, after due investigation, are proved to exist." He said "at all times," un- deterred even by foreign indiscretions, but not without due investigation. lir. Gibson quoted the highest legal authorities, from Matthew Hale to the Statute Law Commission, to show the danger of rashly altering the law of oonspiracy,—a net, says Hale, which may catch the dove with the hawk. He showed that the attention of the Statute Law Commissioners had been drawn to the difference between the law of England and Ireland on the subject of conspiracy to murder ; that the Statute Law Commission did contemplate amendment as well as consolidation in the Lord Chancel- dot's Consolidating Bill ; that under the existing law, especially Sir Robert Peel's Act 9th George IV cap. 32, an accessory before the fact to murder in another country is liable, if not to death, at least to penal servitude ; and that the framers of the Consolidation Bill had evidently resolved with de- -lib:ration not to alter the existing law. The third passage of amendment -is, "That this House cannot but regret that her Majesty's Government, previously to inviting the House to amend the law of conspiracy at the present time, have not felt it to be their dt(fy to reply to the important despatch received from the French Government, dated Paris, Januays20, 1858,' which has been laid before Parliament." Mr. Gibson read portions of the despatch which calls in question the right of asylum, the sufficiency of our law, and its enforcement ; and if no answer were given. tQ that despatch, it would be an admission by silence that, with our eyes open,,we shelter assassins. Is that true ? Lord Palmerston said that the despatch was not answered because it might lead to unpleasant controversy.: Lord Palmerston had himself been an adept in friendly communications -with foreign countries on the necessity of a change in their in- ternal policy, and Mr. Gibson read passages from the interesting cor- respondence in which the Government of Naples indignantly repelled Lord Palmerston's interference. He quoted passages from speeches of Mr. Sid- ney Herbert and Mr. Disraeli, to show that the despatch might have been answered ; and he quoted another authority on the policy of the noble lord. "I am about to quote from the Times of the 22d June 1850. (Laughter.) I don't suppose that at his period of life the noble lord at the head of the Government has changed materially since June 1850; and I believe the Times newspaper is conducted by the same persons, and has the same head. (" Hear, hear ." and laughter.) Well, the Times says of the noble lord, that There is no constituted authority in Europe with which Lord Pal- merston has not quarrelled ; there is no insurrection that he has not betrayed. The ardent partisans of Sicilian, Italian, and Hungarian independence, have certainly no especial cause for gratitude to a Minister who gave them abundance of verbal encouragement and then abandoned them to their fate.' On the other hand '—mark this—' when Lord Palmerston has made up his mind to court the good-will of a foreign power, no sacrifice of prin- ciple or of interest is too great for him.' (Laughter and cheers.) The pas- sage concludes in these emphatic terms= From first to last, his charadter has been the want of a firm and lofty adherence to the known interests of England ; and it is precisely from a want of such guiding laws of conduct that our foreign policy has degenerated into a tissue of caprices, machina- tions, petty contentions, and everlasting disputes. (Cheers and laughter.) It is because I think the mode in which this affair has been conducted is of all others the most calculated to occasion disputes with France that I take the liberty of questioning the discretion which has been exercised by her Majesty's Government." In placing his amendment in the hands of the Speaker, Mr. Gibson said, I believe I am only discharging a legitimate and constitutional duty" ; and he sat down amid long-continued cheering.

Mr. BRIGHT seconded the amendment. Mr. RUNES contended that the bill supplied a defect in the law. Indifferent to the language of others, we should do what is proper and right. Mr. Wesrose concurred with Mr. Baines in supporting the bill as an amendment of the law. He believed the bill to be right in principle. He was prepared to sbare with Ministers the odium they had incurred in proposing it, but only on con- dition' that the honour of England is vindicated. The application made to our Government to amend the law is based upon statements that are "a libel upon the feelings and character of this country." "I-am sure that I speak for the great majority of Members on this side of the House, when I say that we do not desire to oppose a bill which we be- lieve in justice to be right ,• but at the same time we do not wish to proceed with it, until we see that the honour of our country is vindicated." (Cheers.) Sir GEORGE GREY was gratified to hear such unqualified approval of the bill from Mr. Walpole. But Mr. Walpole had put an unfair con- struction upon Count Walewski's despatch. The paragraphs objected to apply to "misguided individuals," not to the people of this country. Those misguided individuals are open to the charge of preaching assegai- 'nation ; and our law is not altogether free from the charge of favouring their desigr.s, because it does not attach to the crime the penalty it de- serves. The Government were therefore not able to take the high tone that some thought it should have taken, An immediate reply to the de- spatch would have led to controversy—crimination and recrimination : when the House had agreed to read the bill a second time, it might be right tollace on our records a calm statement of the motives that infin-

enced us in doing so. Mr. Gibson's amendment was only skilfully made to obtain votes against the second reading.

Mr. li'Manoar and Mr. BYNG opposed the bill; Mr. Sroowest, Lord Hanna- VANE, and Mr. BENTINCK supported it. Sir ROBERT PEEL said that Lord Palmerston's speech tended to lead them astray from the direct issue. He was astonished that the head of a Liberal Government should propose a bill which is opposed by almost all the most distinguished Liberals in the House. They had been told the law requires amendment : yet they had seen a reward of 2001. of- fered for the capture of Mr. Allsop, and a Frenchman named Bernard had been arrested. The truth is, that under cover of an amendment of the law, a bill has been submitted to Parliament at the dictation of a foreign government. Why, Count Walewski, who reads us this lesson, was twenty-five years ago a member of a revolutionary committee in Poland. Sir Robert heard with regret Lord Palmerston's statement that ho could not deny that his country is to a certain extent a den of assassins. Lord Palmerston had said that we must not think too much of the expressions in the Aleniteur, for they were inserted inadvertently'. " Sir, they were inserted for the purpose of intimidating this country- (" 11 o, ore ." and counter-cheers)—and for the purpose of extorting from us the concession embodied in this bill ; which I regret the noble lord, with all his past antecedents and his former credit, should have condescended to in- troduce at the instance of such dictation. What does M. de Mostly soy Why, that England is a lair of savage beasts and a laboratory of assassins. I am ready to make every excuse for the courtiers of Louis Napoleon ; I know perfectly well the conditions attaching to a position like that. M. de Moray is only imitating a predecessor in the office he holds in the time of the first Napoleon—ht. Champigny—who said his master Napoleon Bona- parte was an angel sent from Heaven to bless that time, and like the great Invisible Being, he governed the world by his power and his influence. Sir, I must say these expressions are rather far-fetched. But the other day an expression far more powerful was used towards Louis Napoleon by one of his flatterers, who thus apostrophized him in the course of an address he was presenting—' Sire, you are too fond of liberty.' " (Great laughter.)

Over and over again Lord Palmerston had been accused of truckling to foreign powers. In 1850 the noble lord was a "Roman citizen." net time, alas! has long gone by Sir Robert remembered when Lord Palmer- ston told us our union with France depended upon the interests and identity of our institutions. He hoped that during the existence of the present, iv, gime Lord Palmerston will not attempt to introduce here identity of insti- tutions.

Mr. HENLEY supported the amendment, upon the ground set forth by Mr. Walpole. The LORD ADVOCATE made a Government reply on the legal question, and described the amendment as an attempt to defeat the bill by a side-wind. Mr. GLADSTONE, after making a reply to some points in the Lord Ad- vocate's speech, entered upon the larger question. He was anxious to maintain the French alliance ; he attached to it a peculiar and special value. He regretted that since 1856 there have been quarrels between the two Governments which have weakened the position of England. Having said thus much, he asked whether the French despatch has been answered, and does it require an answer ? Lord Palmerston volunteered a statement that he had answered it verbally : of all explanations that is most unsatisfactory. It is contrary to the spirit of the constitution to thrust verbal answers upon the House, and calls for notice. Mr. Glad- stone then entered into an exaniiiiatMn of the terms of Count Walew- ski's despatch, to show that they are unfounded, and injurious to Eng- land : he expressed his opinion that it was the absolute Old primary duty of the Government to have answered them, and to have explained to the French Government the state of our law. Even that has not been done. Instead, they were asked to send back this bill as an answer to Count Walewski's despatch.

" These times are grave for liberty. We live in the nineteenth century. We talk of progress ; we believe that we are advancing ; but can any man of observation who has watched the events of the last few years in Europe have failed to perceive that there is a movement, indeed, but a down- ward and backward movement ? There are a' few spots in which institutions that claim out‘sympathy still exist and flourish. They are secondary places, nay, tiley are almost the holes and corners of Europe so far as more material greatness is concerned, although their moral greatness will, I trust, insure them long prosperity and happiness. But in these times more than ever does responsibility. centre upon England; and if it does centre upon England, upon her principles, upon her laws, and upon her governors, then I say that a measure passed by this House of Commons— the chief hope of freedom—which attempts to establish a moral complicity between us and those who seek safety in repressive measures, will be a blow and a discouragement to that sacred cause in every country in the world." (Loud cheers.) The ATTORNEY-GENERAL gave the history of the measure, in "a few true and faithful words." He had recommended the measure to the Government, at a time when be had neither seen nor heard of Count Walewski's despatch. It was proposed for the benefit of English laws and institutions. Try it by that criterion. Unless the bill be passed, the right of asylum cannot consistently be maintained. Sir Richard de- scribed the state of the law at length, to show that foreigners are by the bill only placed on a footing with English subjects. Mr. DISRAELI laboured to show that there would be no inconsistency

in voting against the second reading after having voted for the first reading. He described the conduct of the Government as perplexed, timid, unsatisfactory, and wanting in dignity and self-respect. Had they employed a frank and decisive but friendly tone towards France, the House would have been saved these painful discussions. Mr. Dis- raeli said the real issue of that night was neither a diplomatic nor a po- ; it was a question between the House and the servants of the Crown.

Lord PALstenwres: ,an by attacking Mr. Gibson. It was Mr. Gib- son's first appearance as die vindicator of the rights of England against foreign nations : he had invariabl?laclvocated a submissive and crouch- ing policy. [The House murmured at good deal at this.] He defended his own conduct • and beseeched the House not to rush headlong into a course which would have an effect upon the two countries contrary to what was intended.

The House divided on the question "That the words proposed to be left out stand part of the question." Ayes, 215; Noes, 234; majority against the second reading, 19. [The House waited for the issue in great excitement, and when it be- came known that Ministers were beaten, burst into great cheering.]

Mr. Gibson's amendment was agreed to without a further division' ['Want of space precludes us from giving the division-list. A few of the names from the majority will show the character of the Liberals who voted against Government : Ayrton, Bass, Baxter, Buchanan, Vis- count Bury, Caird, Cowan, Coningham, Crook, Elton, De Lacy Evans, William Ewart, Sir James Graham, Griffith, Headlam, Horsman, Ingestre, Locke King, W. Kinglake (Bridgewater,) Gore Langton, John Locke, Sir Charles Napier, Sir George Pechell, Roebuck, Roupell, Lord John Russell, J. B. Smith, Walter Stirling, General Thompson. The result of the division raises the question of Lord Palmerston's re- signation ; and his resignation, in such a mode, appears to leave the re- lations with France in a peculiar and unsatisfactory state. It is to be observed, however, that leading statesmen who have protested against the bill have rested on the ground that the proposed course was incom- patible with the position and constitution of this country : the very de- feat of a powerful and popular Minister proves that the course was um- possible; and it will furnish the best of illustrations in courteously re- presenting to the French Government the limits within which an Eng- lish Minister must act. The Globe intimates that the Ministry will re- sign. Those who differ from their policy, "and whom the House of Commons sustains in their difference, will have an opportunity of carry- ing it out."] Before the debate, Mr. ROEBUCK gave notice that he should present a petition from an individual charging Mr. Isaac Butt, a Member of the House, with a breach of privilege. Mr. Roebuck did not state what it was. He will present the petition on Monday, and move that it be printed and referred to a Select Committee.

Lord PALMERSTON replied to two questions. Was there to be a Minister of Justice ?—He gave an evasive reply. Had the treaty of Paris relating to the Black Sea been carried out ?—Lord Palmerston said that the Govern- ment have remonstrated with the Russian Government on their construction of the treaty with regard to the ports in Circassia ; and had contended that Russia, by a fair construction of the treaty, is bound to open all the ports in the Black Sea.

In the House of Lords, the Earl of ELLENBOROCCE moved for some papers relating to the education of the Natives in India ; which drew from Earl GRANVILLE a statement of the course pursued. He admitted that there exists in the mind of the Natives the unfounded idea that the extension of education is indicative of interference with their religious opinions. The motion was agreed to.

The Paris correspondent of the Daily News publishes a report of a speech delivered by M. 011ivier, the Paris Member, in the Corps Legis- latif, " imploring" the Chamber not to pass the Public Safety Bill. He called upon the Chamber to render homage to what Mirabeau calls " the only legitimate sovereign—Right." The law is based on a false pre- tence : the crime is the crime of foreigners, not of Frenchmen ; it leaves the fortune and liberty of citizens at the mercy of the Executive, con- founding executive and judicial power. If not directed against " sus- pects," it makes an offence of " culpable expectation." He urged many other reasons of morality and law. " No liberty exists. The greatest of all—that of the press—is annihilated ; and yet you come to ask for laws of 'ublic safety '! Do you not fear that the country may say, 1 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 tittle tranquillity ; and you now ask for more. Where will you stop ? "' A telegraphic despatch from Turin, dated yesterday, states that "the Sardinian Government has presented to the Chambers a projet de loi re- lative to conspiracies against the lives of foreign sovereigns. The news appears to be confirmed that Hodge has been arrested at Genoa. He is charged with having been compromised in the late attempt, and it ap- pears that he was in regular correspondence with Orsini."

The Duchess of Brabant presented her husband with a Princess on Thursday.

The election for the South Division of Northamptonshire terminated yesterday in the return of the Conservative candidate. The numbers were—Cartwright 1973, Henley 1888. Thus the advantage gained by the return of Lord Althorp is lost.

The British Bank trial was continued yesterday. The subjects before the Court were Cameron's debt, and the system of accounts adopted at the bank. It appeared from the cross-examinations that Cameron formerly held a very good position in Scotland, and was of high reputation for integrity : for thirteen years he was Provost of Dingwall, and he had been a Magistrate and Deputy-Lieutenant ; one witness said Cameron had landed property now in Scotland, which the bank had taken no steps to realise.

At the Lancaster Assizes, vesterday, Thomas Monk, late an Alderman of Preston, was found guilty of forging a will, and was sentenced to penal servitude for life.