Turning to French affairs, a brilliant French writer has remarked, that his countrymen are, of all peoples, the least suited to be conspirators, since none of them can ever keep a secret. But it was the ill-fortune of Louis Napoleon that he had provoked enmities, not only among his own countrymen, but among the republican fanatics of other nations also, who saw in his zeal for absolute authority the greatest obstacle to their designs, which aimed at the overthrow of every established government on the Continent, and shrunk from no crimes which they conceived to be calculated to promote their object. To free themselves from such an antagonist, the most wholesale murders seemed by no means too large a price. And in the middle of January, as the Emperor and Empress were going to the Opera, a prodigious explosion took place almost beneath the wheels of their carriage, from the effect of which they themselves had a most narrow escape, both being struck in the face by splinters, the aide-de-camp in their carriage also being severely wounded on the head; while their escort and attendants were struck down on all sides, ten being killed and above one hundred and fifty wounded.[306] It was soon found out that the authors of this atrocious crime were four Italians, of whom a man named Orsini was the chief, and that he, who had but recently escaped from a prison in Mantua, had fled from that town to England, and had there concocted all the details of his plot, and had procured the shells which had been his instruments.
It was not unnatural that so atrocious a crime, causing such wide-spread destruction, should awaken great excitement in France, and in many quarters violent reclamations against England and her laws, which enabled foreign plotters to make her a starting-place for their nefarious schemes. Even in the French Chambers very bitter language was used on the subject by some of the most influential Deputies, for which our ministers were disposed to make allowance, Lord Clarendon, the Foreign Secretary, writing to the Prince Consort that "it was not to be expected that foreigners, who see that assassins go and come here as they please, and that conspiracies may be hatched in England with impunity, should think our laws and policy friendly to other countries, or appreciate the extreme difficulty of making any change in our system."[307]
But a different feeling was roused by a despatch of the French Secretary of State to the ambassador here, which seemed to impute to this country that it deliberately sheltered and countenanced men by whose writings "assassination was elevated into a doctrine openly preached, and carried into practice by reiterated attacks" upon the person of the French sovereign, and asked, in language which had rather an imperious tone, "Ought the English Legislature to contribute to the designs of men who were not mere fugitives, but assassins, and continue to shelter persons who place themselves beyond the pale of common right, and under the ban of humanity? Her Britannic Majesty's Government can assist us in averting a repetition of such guilty enterprises, by affording us a guarantee of security which no state can refuse to a neighboring state, and which we are justified in expecting from an ally. Fully relying, moreover, on the profound sagacity of the English Cabinet, we refrain from indicating in any way the measures which it may seem fit to take in order to comply with this wish. We confidently leave it to decide on the course which it shall deem best fitted to the end in view." Still, though the charge that our Legislature contributed to the designs of assassins was some departure from the measured language more usual in diplomatic communications between friendly powers, under the circumstances this remonstrance might have been borne with. Unluckily, it was not all, nor the worst, that we were called upon to bear. A few days afterward some addresses to the Emperor from different military corps were published in the Moniteur, which not only poured forth bitter reproaches against the whole English nation, but demanded to be led to an invasion of the country, "as an infamous haunt for the carrying out of infernal machinations." Political addresses seem to our ideas inconsistent with military discipline; but the army had been permitted, and even encouraged, to make them ever since the days of the Consulate, though such addresses never received the recognition of a publication in the official journal till they had been subjected to careful revision, and, if necessary, expurgation. On this occasion, however, that supervision had been carelessly performed, and the offensive passages were left standing, though, when the Emperor learned the indignation which they had excited even among his well-wishers in England, he instructed his ambassador to apologize for their retention and publication, as an act of inadvertence on the part of the officials whose duty it had been to revise such documents. So far all was well. And had the English ministers replied to the despatch of M. de Persigny in firm and temperate language, they would have escaped the difficulties which eventually overthrew them. There was no doubt that, according to diplomatic usage, a written despatch formally communicated to the Secretary of State required a written reply.
Unfortunately, a written reply was not given. Lord Clarendon was too apprehensive of the mischief which might possibly arise from a protracted discussion, leading, perhaps, to an angry controversy; and under the influence of this feeling contented himself, when the despatch was presented, with giving the ambassador a verbal answer, that "no consideration on earth would induce Parliament to pass a measure for the extradition of foreign political refugees; that our asylum could not be infringed, and that we adhered to certain principles on that subject which were so old and so sacred that they could not be touched;"[308] adding, however, at the same time an assurance that the Attorney-general was already, at his request, examining our law of conspiracy, to see whether it was sufficiently comprehensive or stringent. The purport of this answer was all that could have been desired; but there was a very general impression that the omission to reply by a written despatch was a sacrifice of the national dignity, if not an unworthy submission to scarcely disguised menace; though at the same time there was also a feeling among both parties in Parliament that our laws with respect to the conduct of foreigners residing among us were, perhaps, susceptible of improvement. On the very first night of the session, in allusion to the attack on the French Emperor, Lord Derby had said that "he could wish to hear the opinion of the ministers whether the existing laws of this country were adequate to afford security for the lives of foreign princes against plots contrived in this country; and, if they were not, whether they might not be amended, so as to meet the case of such crimes as had recently been perpetrated, which were so heinous and revolting to every feeling of humanity." And even before that speech the ministers had applied themselves to frame a measure to amend the law, which in the second week of February the Prime-minister himself introduced to the House of Commons.
It was read a first time, though not without some opposition; but before it arrived at the second reading, though only a week afterward, the feeling of the country, reflected in this instance by the House, had become so inflamed, that the measure was not discussed on its own merits, but on the point whether, since no other answer had been given to the French despatch, this must not be regarded as the ministerial answer, and therefore whether it were such an answer as it befitted England to send. Had it been examined on its own merits solely, it could hardly have provoked much adverse criticism. It was entitled, "A bill to amend the law with relation to the crime of conspiracy to commit murder," and it merely proposed to establish in England a law which had long existed in Ireland. Hitherto, as Lord Palmerston explained the matter, England had treated conspiracy to murder as a misdemeanor, punishable with fine and imprisonment. In Ireland it had long been a capital crime; and, though he did not propose to assimilate the English to the Irish statute in all its severity, he proposed to enact that conspiracy to murder should be a felony, punishable with penal servitude, by whomsoever the conspiracy might be concocted, or wherever the crime might be designed to be committed.