The line that divides the two is, at certain points, one of extreme fineness. And again: a foreign sovereign thinks he is menaced by emigrants of his own nation in England. He naturally orders his police to send agents who may follow and watch them. These agents, in disguise, beset the steps of the emigrants; having no authority, they resort to guile; they endeavour to obtain the confidence of those whom they are watching; they assume the tone of revolutionists, to see whether they can draw sympathetic answers; and the sympathetic answer, from a man soured by exile and ill-fortune, to an artfully laid train of suggestions becomes a proof of conspiracy to murder. Thus the whole subject, in the case where the aim is at a foreign sovereign, becomes vague and slippery in the highest degree.
The spirit of English law has made the best provision for handling it, of which its nature admits. It is a vulgar misconception, though one shared and propagated by the late Prime Minister, which supposes that a misdemeanour means of necessity either a trivial offence, or an offence followed by trivial punishment. The word is, according to Blackstone, properly synonymous with crime. It is eminently elastic. It can shrink into a small compass, or it can cover a very large one. The technical designation is, therefore, admirably suited to the nature of the offence, which, without essentially changing its legal character, may run through a scale of endless degrees as to the pointedness and credibility of the evidence, as to the maturity and fixedness, or the crudity and slightness, of the intention; and again, in the political category, as to the affinity, on the one hand, to justifiable if not legal efforts, or, on the other, to assassination, with which the law must and ought to deal as murder.
The late Minister grievously misinformed the House of Commons when he stated that conspiracy to murder was treated by the English law only like conspiracy to do any other act, however trivial-for instance, to hiss an actor at a theatre. The distinction is broad and clear. To hiss the actor is legal; to conspire to do it is illegal. But in the case before us, not the conspiracy only but the act contemplated is illegal, and, from its illegality, the conspiring together to effect it takes a different and higher colour. Perhaps the Minister thought that, because both were misdemeanours, both would receive a somewhat similar amount of punishment. But while the penalty is limited in kind to imprisonment and fine, in degree it is as variable, as is the nature of the crime. The misdemeanant may be fined without any limit, except that the fine must not amount to forfeiture of all his goods, which is the distinguishing characteristic of felony. He may be imprisoned without any limit but the
ment as distinguished from the neighbouring Governments? England, Switzerland, Belgium, and Sardinia are pestered with refugees from France. France is not pestered with refugees from England, Switzerland, Belgium, or Sardinia. When France sends wine to England, and England sends no wine to France, we conclude that the French soil and climate are adapted to the production of the commodity. Should not the Emperor and his advisers consider whether it is not in some degree the political soil and climate of the present French institutions, that are adapted to the growth of refugeeism; whether they can cherish the tree and renounce the fruit; whether they can strain the bow and complain of the recoil. When their laws generate a public nuisance the indictment should not be brought by those whose acts have mainly produced it, and against those who only deplore its production; who have no means, no power to extinguish the evil; nay, whose firm belief it is that asylum affords the only practicable, though insufficient mitigation to it, by opening these shores to afflicted humanity, and thus averting far more terrific outbursts of volcanic violence.
NOTE ON ART. V., No. 205..
A pamphlet has been recently published, entitled 'Correspondence relating to Cuddesdon Theological College, in answer to the Charges of the Rev. C. P. Golightly and the Report of the Commissioners thereon.' These charges of Mr. Golightly were founded upon some statements in our last Number, and we refer those interested in the discussion to the pamphlet published by the Principal of Cuddesdon, and to the other letters which have appeared on the subject; but as our assertions have been supposed to imply a belief that Roman Catholic doctrines were favoured at the College, it is necessary we should state that no such suspicion entered our minds. The questions were purely questions of ritual, upon which there is, and always has been, great difference of opinion within the English Church; and though we retain the same sentiments that we expressed in the Article, we entirely acquit the authorities of entertaining any ulterior or covert designs.
NOTE ON THE ARTICLE ON THE PROGRESS OF AGRICULTURE.'
Since our Article was printed, a new and by no means insignificant boon has been conferred upon agriculture by Mr. Rarey's admirable process of taming the horse,-many valuable farming horses being rendered nearly worthless by an unmanageable disposition. But we refer to the subject here for the sake of its more general bearings, and to testify that his plan is one of uncommon merit and is founded upon a deep study of the character of the horse. His method is not more remarkable for its success than its humanity; and we feel that we are doing a public service in recommending a system which must prove of such immense benefit to both man and horse.
HUNDRED AND THIRD VOLUME OF THE QUARTERLY REVIEW.
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AGRICULTURE, English, the progress of,
390-British live stock, 391-imple-
ments, ib.-crops, 392-general pro-
gress, 393 Arthur Young, ib.
Cobbett's Rural Rides,' 394-Robert
Bakewell, 396-on fine-boned ani-
mals, 397 short-horns, 398 - the
'Little Smithfield Club,' ib.-turnips,
399-arable farming, ib.-rotation of
crops, 401-Mr. Coke, ib.-his sheep-
shearings, ib.-fattening sheep, 404
-breed of sheep, 405-George III.,
406 increased cultivation, ib.
Royal Agricultural Society, 407-
P. Pusey, ib.-railway communica-
tion, 408-turnips, 409-benefit of
the Society, 410-draining, 411-
Josiah Parkes, ib. - pipes, 412-
Government loans, ib.-manures, 414
-chemistry, ib.-geology, 416-
blood and garbage, 417-implements,
ib.-threshing-machines, 419-reap-
ing-machine, ib. -ploughs, 420-
sowing, 422-specimens of farming,
423-Mr. Hudson, ib.-Mr. Thomas,
of Lidlington, 425-Cattle feeding,
428-agricultural chemistry, 431-
epochs in agricultural improvement,
433-spirit of old and new agricul-
ture, 434-progress of, 435.
-, progress of, note to
article on, 574.
Aubrey, John, the antiquary of Wilt-
shire, 132.
Avebury, ancient remains at, 112.
Bakewell, Robert, of Dishley, 396.
Bethell, Sir R., on the law of conspiracy
to murder, 570.
Blisworth cutting, the, on the London
and Birmingham Railway, 15.
Bohemia, Friends and Fictions of, 328
-in Paris, 330-the Quartier Latin,
Vol. 103.-No. 206.
331-Mürger's history, 332-Champ-
fleury, 333-their diary, 334-Scènes
de la Vie de Bohème, 385-story of
Schanmard, ib.-the grisette, 338-
a literary journal, ib.- -on the super-
fluities of life, 340-the Buveurs
d'Eau, 341-the "friends of Bo-
hemia," 343-cabmen, 345.
Boswell's Life of Johnson, edited by
the Right Hon. J. W. Croker, 279—
general character of Boswell, ib.—
his perception of character, 282-
letters of Boswell, 283-his forward-
ness, 286-his virtues and vices, 288
-foibles, 289-veracity of, 293-
depression, 294 friendship with
Temple, 295-domestic habits, ib.-
death of his wife, 296-Dr. Johnson,
299; and see Johnson.
Brain, the, sensibility of the, 185.
Brindley, James, the engineer, 2.
Bridgewater canal, the, 2.
Brougham, Lord, as an orator, 502.
Buckhurst, Lord, 53.
Burke as an orator, 496.
Campagna, the, at Rome, 369.
Cartridge-bags, the manufactory of, at
Woolwich described, 233.
Cardinals, the orders of, 150.
Cenci, Francesco, the story of, 377.
Chat Moss, account of the formation of
the railway over, by John,Dixon
C.E., 1-8.
Choking explained, 183.
Church Extension, Reports of the Com-
mittees of Upper and Lower Houses
of Convocation on, 139-vagueness of
language used, 140-implied want of
confidence in the soundness and
strength of the Church, ib.-home
missions, 142-increase of the epis-
copate, ib.-duties of a bishop, ib.-
on coadjutorships, 144-resignation
of bishops, 145-of incumbents, 146
-revival of the diaconate, 148-the
Romish orders, 149-orders of car-
dinals, 150 n. — - Reformers, 151-
duties of deacon, 152-clerical and
lay deacons, 155-the subdiaconate,
ib.-Scripture readers, 156-training,
158-clerical colleges, 160-conse-
quences of overzealousness, 161-
sectarian bigotry, 162-Cuddesdon
College, 163-the conventual system,
164- - on the appointment of
'preachers,' 165-special services,
166-the parochial system, 168-the
Exeter Hall services, 169-church
building, 171-finance, 175-general
conclusions, 177.
Clifford family, the, during the wars of
the Roses, 46.
Cobbett's Rural Rides,' 394.
Cockchafer grub, the, 203.
Coke, Mr., of Holkham, 401; and see
Agriculture.
Conspiracy to murder, on the law of,
don Life, by E. M. Whitty, 328; see
Bohemia.
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France and the late Ministry, 526; the
reciprocal attitudes of England and
France, 527-conduct of the late
Ministry, ib.-difficulties in judging
the feelings of France, 528-their
misapprehension respecting our laws,
529-the Conspiracy to Murder'
Bill considered, 530-the attempt at
assassination, ib.-feeling towards
Louis Napoleon, 531-error com-
mitted on the Orsini plot, 533-its
consequences, 535-charge against
England, ib.-the Walewski despatch,
536-the addresses of the army, 537
-la Guerronière's pamphlet, 538-
its points considered, 539-English
feeling towards refugees, 540-re-
quirements of foreign governments,
543-the Discussion Forum,' ib.-
publications of defences of assassina-
tion, 544-England's cause of com-
plaint, 546-the right of asylum, 548
-Sardinia, 549-Switzerland, 550-
the despatch, 552-Lord Clarendon's
explanation, 553 Lord Cowley's
conduct, ib.-relations between Eng-
land and France, 554- Danubian
Principalities, 556-the Suez canal,
560-on the law of conspiracy to
murder, 562-practical upshot of
proposed changes, 567-the law of
accessories to murder, 569-Sir R.
Bethell's opinion, 570-fate of the
Bill and Ministry, 571-effect on
Europe, ib.-the new Ministry, 572
-benefits of, ib.-considerations for
France, 574.
Gentleman, signification of the term,
Glasgow, the rise and progress of, 69.
Gun factory, the, at Woolwich, 222.
Gunpowder, manufacture of, at Walt-
ham, 242.
Guns, the manufactory of, at Enfield
described, 234.
Farquhar, Lieutenant, letters of, 505;
and see Lucknow.
Forsyth, on art in Italy, 359.
Fox, as a public speaker, 488.
Friends of Bohemia, or Phases of Lon-
Hale, Wm. H., Archdeacon of London,
the Duties of the Deacons and Priests
of the Church of England compared,
by, 139-Charge addressed to the
Clergy of the Archdeaconry of Lon-
don, by, ib.; and see Church Exten-
sion.
Harford, John S., the Life of Michael
Angelo Buonarroti, by, 436; and see
Michael Angelo.
Havelock, General, at Lucknow, 523-
his death, 524.
Heart, the insensibility of, 184.
Hillard, G. S., Six Months in Italy, by,
346; and see Italy.
Hoare, Sir R. C., Ancient Wiltshire,
by, 108-Modern Wiltshire, by, ib.;
and see Wiltshire.
Humphry Clinker, by Smollett, 66, 105.
Ichneumon fly, the, 203.
Indian Empire, the Rise of our, by Lord
Mahon, 253-extension of our power
in the East, 254-cause of the revo-
lution, ib. the Sepoys, 256 - their
love for their country, ib.-bad sys-
tem of management, 258-the Madras
army, ib.-the village system, 259—
anomalies in old system, 261-officers
of the army, ib.-the Sepoy dress, 262
-their position, ib.--the future army,
264-arms and uniform, ib.-conduct
of the rebels explained, 265-de-
ficiency in income, 266-the govern-
ing body, 267-civilians, ib.-the
Black Act, 269-Lord Canning and
the press, b.-the Arms Bill, 270-
castes, 271-collection of revenue,
272-the ryot, 273-indigo, 274—
cotton, ib.-roads and railroads, 276
-on the changes in the government
of, ib.-Lord Mahon's history, 278.
Infusoria, functions of, 200.
Inglis, Lady, Journal of, 505; and see
Lucknow.
Italy, Six Months in, by G. S. Hillard,
346-general homage paid to Italy,
ib.-on difference in tours, 348-Beck-
ford, ib.-Mrs. Jameson, 350-French
tours, ib.-M. Beyle, ib.-Madame de
Staël, ib.-Corinne, 351-Sentimental
tours, 352-philosophical, b.-clas-
sical tours, 354-statistical tours, ib.
- Mrs. Trollope, 355 - Murray's
Handbooks, ib.-first impressions,
356-source of error, 357-native
society, 358-political reflections, ib.
-institutions, ib.-criticism, 359-
affectation, 360-Sir W. Scott, 361-
antiquaries, 363-the Colonna pine,
ib.-Phocas' column, ib.-the seasons,
364-Vallombrosa, ib. - La Verna,
366-the landscape of Italy, 367-
Tivoli, 368-the Campagna, ib.
mountainous region, 370-a sea-fight
before Claudius, 371- Charles of
Anjou, 372-the court of Rome the
cause of weakness in Italy, 375-
palace fortresses, 376-the story of
the Cenci, 377-law in the middle
ages, 381-brigandage, 383 the
Vardarelli, 384-Gasparona, 385-on
Protestant prejudices and Romish dis-
cipline, 386-education, 388-ma-
terial improvement, 389-English in
Italy, ib.- shyness, ib.-Mr. Hillard's
great merit, ib.
Johnson, Dr., early life of, 279-299-
his birth, 300-his mother, 301-his
father, 302-at school, 303-at Stour-
bridge, 304-mode of study, 305-at
college, 307-haughty independence
of, 307-proficiency in Greek, 309
-neglect of religion, 310-Law's
"Serious Call,' ib.-history of Gela-
leddin, 311-death of his father, 312
-becomes usher at a school, 313—
first literary work, 315- his marriage,
317-proceeds to London, 320
general description and state of au-
thorlings, 321-the poem of London,'
325-his poverty, 326.
Lancaster shells, construction of, 225.
La Verna, the convent of, 366.
Lawrence, Sir Henry, at Lucknow, 508
-his death, 514.
Leases usually granted in early times,
Lioness, attack by, on the Exeter mail,
136.
Livingstone, Dr., mention of his work,
207, n.
Louis Napoleon, 531; and see France.
Lucknow, the siege of, narratives of,
505 Lady Inglis's Journal, ib. —
Lieutenant Farquhar's Letters, ib.—
characteristics of other works, 506-
the position of the besieged considered,
ib.-breaking out of the mutiny, 507
-tact of Sir H. Lawrence, 508-
state of Oude, 509-strength of the
position, 511-progress of the mutiny,
512-disaster at Chinhut, 513-death
of Sir H. Lawrence, 514-provisions
and disease, 515-mortality of chil-
dren, ib.-escapes and accidents, 516
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