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length along , with a vast amount of the highlycoloured reading , termed " objectionable . " The Doctor , who was a great acquisiti ^ for the Ultra-Protestant party as an apqsta «« T ( $ 6 nlc > ¦ $ && ¦ < Shar ^| cfc by Dr . Newman , the convert to cat | ic | jpcism , Tvitli outrageous incontinence . He-vindicates his character by bringing an action for libej , ind Doctor Newman defends .. himself with an ^ c ( ver . whelming mass of evidence ,, conveying yiwifAer charges , some of them relating to offences recently committed on English ground . Considered in its cumulative
effect , this evidence led the public to anticipate a verdict against the prosecutor , Achilli ; although none of the witnesses * ' speaking to the most material points , came into court with unblemished reputation ; and the most was made of their defects of character . In summing up , Lord Chief Justice Campbell elaborated this view of the subject with great power and unction . The jury found only so much of the allegations against Achilli proved , — - " to their satisfaction , "—as respected the fact of his dismissal from certain
offices : and the aDt > roviner Lord Camnbell reoffices ; and the approving Lord Campbell received their verdict amid the unchecked cheers of a tumultuously excited auditory .
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THE WEEK IN PARLIAMENT . ME . MATHER IN THE HOUSE OF LORDS . Lobd Beaumont brought the case of Mr . Mather before the House of Lords on Monday . In the main , bis speech , consisted of a repetition of the facts which we have so many times previously laid before our readers . In the essential points of the story , lie took the anti-Ministerial view , censuring Lord Malmesbury for the conduct of the negotiation , and maintaining , with Lord Granville , that Tuscany , not Austria , should have been held responsible for the outrage . At the close of his speech , he stated what he considered one of the great and salient points arising out 6 f this question , namely , the subjection of Tuscany to Austria . ^ Unfortunately , it had been the policy of Austria to encourage every kind of misgovernment in the Roman and Tuscan S tates . She had urged upon the D ufcea of Parma , Modena , and Tuscany , as well as ujjon the Pope , to adopt a system hostile to all social improvement , and destructi ve of everything like civil and religious liberty . Nay , Austria had gone so far as to encourage those powers to abandon what little good yet remained in their countries ; and Tuscany , which under the laws of Leopold II . had been happy , was now threatened to have those laws abrogated , and to be driven back into that state of barbarism in which the
delegations of Bologna , Ferrara , Fdrli , Bavonna , and the other ecclesiastical states , were at this moment . In that attempt Austria had been well supported , and had found a ready instrument in what was called ' the clerical party ' in those States . In consequence of the proceedings , of that party , a state of affairs now existed in all those parts of Central Italy which would almost justify a general rising of tho people , both against their sovereigns and the foreign allios of their sovereigns , who at present occupied their territories , and sucb . a rising might , perhaps , before long , become inevitable . "
But what remedy did he suggest for this ? He recommended that " something" should be done analogous to what was douo in 1834—when the Papal Government was impressed with the necessity of social reforms —[ of which the Papal Government took not the least notice . ] Lord Bha . umont ' 8 attack was very mildly made , as became a Peer of England speaking in tho peaceful atmosphere of tho Houko of Lords . In reply , Lord Mai / meshujiy was quite as mild—indeed , the whole debate was by many degrees tamer than its fellow in
the Commons . Lord MAnMKSUUltY began by complimenting tho nohlo baron who preceded him , on tho general accuracy with which he had narrated tho caso ; therefore , little need was thero for him to go into detail . Ho admitted that tho assault was '' a most brutal" und inexcusable assault ;—tho act of a violent man acting without an udoqiiato cause . But ho denied that it was a national assault , tin assault upon tho honour of , Great Britain ,
And ho asked whether every assault counnitted upon Englishmen abroad was to be considered nn assault upon tho national honour , and resented with all tho strength of tho empire . Englishmen abroad were liublo to bo insulted an foreigners wore hero . To tho latter , tho British courts of law ' were open , nnd to tho former , foreign courts of law wore open ; und until juHtico had been denied ton British ' subject in a foreign court of law , no Foreign Secretary would bo justified in intorfbring .
When ho eamo into ollico , bo found that Mr . Mathor bad been insulted and injured by an Austrian oflicor " quartered" at Florence-. Lord Mximuhiwhy then delivered a nl » ort ; essay on tho law of honour , winch deserves prcwrvation on account of its author .
Mr . Mather being injured , lie had one of three courses to pursue ^ , " Thirty yeara agqhe would , perhaps , Have adopted that b $ | £ . of thes £ < fourtes ) which would haVe then consisted in , dje ^ nding ft-Qjii the' officer who Had insultediiim personal reparation fb ^ the iiwult . He did not at all blame Mr . Mather for not havingadopted that course ; opinions had , ffeirtunately , clianged on the subject of duelling ; the advance- of civSiaation bad determined that such a mode of settling differencest between genildfnen was no longer de * fensible or praofcieable . ( Heai » , hear . ) But , though the practice of duelling had , happily , become obliterated from our customs , the cognate , idea that it was no compromise of the dignity of one gentlema n to accept from another who had insulted him , — -it might be without an intention to insult , without premeditatibn , — -a full , frank , and
gentlemanly apology , had not departed from among us . ' However , a man ' s honour must always be in his own hands , and therefore he could not presume to blame Mr . Mather that he had not thought fit to adopt this second mode of settling the matter . Certain it was , however , that a full and frank apology had been offered to Mr . Mather by the officer who had insulted him , with the distinct declaration that the insult had never been designed for him personally . Mr . Mather , however , had not thought fit to accept this apology , and he had refused , further to seek his satisfaction in the civil courts of the country . From the outset Mr . Mather had made up his mind that the insult was a national insult , and as such , must be avenged by Her Majesty ' s Secretary of State . "
Lord Maxmesbitbt then narrated how Mr . Mather had , " uninvited , " looked in at the Foreign Office to consult with his lordship ; urging upon him that he had to obtain satisfaction for a national outrage . He had snubbed Mr . Mather upon that point , representing it as ho business of his , and insisting that Mr . Mather was only concerned in procuring satisfaction for the personal outrage ; and that he ought to assess his own damages , as he would have had to assess them in an English court of law . " Mr . Mather , " says Lord Malmesbury , " did not object to this course , " but only asked for time to consult his friends .
Then , leaving the story of his negotiations with Mn Mather entirely , Lord Maxmesbtjet turned round to reply to Lord John Russell , who said that the Queen ' s Advocate ought to have been called in to assess damages . But , replies Lord Maxmesbttex , I could not call in the Queen ' Advocate , for there was no Queen ' s Advocate to call in . Sir Herbert Jenner was buried on the funeral day of the late Government , who , anxious to reward their various friends , inducted a new one into the situation of Sir Herbert Lord Campbell— -That appointment was made by the Archbishop of Canterbury . The Government had nothing'to do with it . Lord MAliMESBTmY . — -They had most likely something to do with it in the way of recommendation .
Then he glanced off to the topic as to whether Austria or Tuscany were responsible , and he certainly was of opinion that Tuscany was responsible . As to the amount of damages , he had calculated what an English jury would have given Mr . Mather for the " personal detriment , " as national honour was not at all involved . " There was ono point in which ho freely admitted that he had been to blame . On Saturday , tlie 27 th , aftor receiving what ho then considered tho final dospatch , settling tho whole question—not satisfactorily , indeed , but still Bottling it , as ho imagined—ho had sent off a dospatch , without opening another despatch which had meantime arrived , and which had a material boaring on the subject .
Ho admitted his fault in this ono instance , and tho only palliation ho could offer was tho enormous mass of business pressing upon him in all shapes and -from all quarters . When So mentioned that , in tho course of tho year , 33 , 000 despatches , without reckoning their inclosures , passed to and from tho Foreign-office , it might afford eomo excuse for tho accident that ho had delayed till tho Monday to open this despatch , coming on tho Saturday . ( Hoar , hear . )" Lord Campbeix defended Mr . Scarlett's share in tho transaction , and contended that ho had not acted contrary to his instructions ; that it was left to his discretion as to what sum of money ho could get ; and that ho had not , as had beon assorted , surrendered tho
principle of Tuscan responsibility . Tho Earl of Aberdeen felt that there was no national difference in tho question at issue ; but that reparation for tho personal damage should have rather boon sought from Austria than from Tuscany . As to insisting on tho independence of Tuncany , that would not alter existing facts , seeing that tho Austrian forco was not under Tuscan jurisdiction—iu relation to uh , Tuscany was just as independent oxcopt in so fur as tho Austrian forco was concerned . Ho would not enter
into , but ho condemned , tho Austrian military code ; but bo contondod that tho officer , who had only obeyed that code in cutting down Mr . Mather , could not bo blamed , ltoparation was , howover , still due , and tho Austrian appeared to think so ; but after tho expressions of rogrot from Princo Schwarzonborg and Princo Liehtonstoin , a national affront was out of tho question . The Earl of Aberdeen did not blame , nor did ho praiso , tho Government , but ho damaged thorn by his diplomat io way of stating tho case . Ho placed Lord
.-. ¦ : !¦ ¦ ¦¦ ¦ ¦ ' ,-.- - ' ¦ ¦ > ' 'r « : ¦ . ¦ . ¦ :.. - ¦ : ,- ¦ ' ¦ ¦ ~ " Malmespu ^ iji this } dUemma : ^ Either / ' said he , "the noble earl musC » ow ' claim a larger sum , after acquiescing in t ^ at offered , or he must insist on Tuscany acknowledging tyst responsibility—and he could not expect to convince her that such was the case . " TJp the fopje of Italian Independence he was close and suspicious : — : '' . ;¦ - ' . / ., ' . ' . ''¦ . V- ^ s ' ' ^ whii lt : bi || d ' .: t )« en ' 8 a 4 d of the state of Italy and occupation of parts of it by Austrian forces , no one could regre £ inope than himself the necessity , or supposed neces sity , of that occupation ; and no one would be more delighted to see this time when those forces could be withl drawn , and withdrct > wtt with safety / but it was a singu ^ supposition that had been suggested , that Austria
encouraged these Governments to do all that was t yrannical monstrous , and unjust , in order that she might have the credit of her own provinces being well governed in comparison . That was a position which passed all Jesuitism he ever heard . ( Hear , hear . ) There was something so absurd in it that it was impossible to imag ine that any Government in its senses could take sutfe a course . ( Hear hear . ) The Austrian occupation of Tuscany was very much to be regretted ; but we must remember " theRoman . territory was occupi e d by the French first ; and he ( the Earl of Aberdeen ) supposed ( though he did not know on what conditions the French occupied Rome ) that they were also exempted fromRoman tribunals and independent of them . ( A noble lord made some remark . ) Yes nominally , there was the state of siege . They were independent of-the Roman tribunals . ( Hear , hear . )"
Lord GEANVllriiE made a long spejech , referring almost wholly to his own conduct in the Mather affair . He said he directed Mr . Scarlett to apply to the Tuscan Government for reparation , as it would have been a positive insult to the Grand Duke to have passed him over in applying for Tedress , and thus gratuitousl y pointing out his dependent position to the world . Lord Deebt held that from first to last there could be no question of national hisult or national indignit y . The officer did not even know that Mr . Mather was an
Englishman . The assault Was a roost brutal and unjustifiable outrage , but it was not an attack upon pur national honour . He thought that Mr . Scarlett had made that which should have been a personal matter into an international grievance . Austria had tendered ah ample apology , which Mr . Mather had rejected " in the most contumelious manner , " and demanded from the Tuscan Government punishment of the offender . But the Austrian army had been placed beyond its jurisdiction by a secret treaty , a treaty we could not recognise ; nor could we recognise the ( presence of the Austrian , army except as a force in Tuscan employ . Now , we had full right to demand reparation for a
British subject from the Tuscap government , btit , said he , " we could not demand that she should do that which , by treaty , she had involved herself in the impossibility of doing . " He then went at great length into the case between the Government and Mr . Scarlett , laying heavy blame upon that gentleman for alleged departure from instructions . He summed up as follows : — "What I think may be drawn from tho discussion which has just taken place is this—that an injury having been inflicted on a British subject , we took the question up in a double light , of an insult offered to this country and an injury to a British , subject . With respect to the Government
first , wq have received from , | the Austrian , and the Austrian officers concerned , tho fullest explanations and expressions of regret ; and with regard to tho second , wo havo treated it throughout as a case for private reparation , which a British subject has a right to claim and to expect . Wo also thought that the Tuscan Government was the only ono from whom wo had a right to claim that reparation . Wo maintained , throughout , tho principle that nations cannot bo uphold in all tho privileges of independence , and at tho same timo bo allowed to refuse to b « liable to the responsibility of independence . ( Hoar , hoar . ) ' In ns far as lay in our power , wo have endoavourod to obtain pecuniary reparation for tho injury inflicted on tho individual , and an acknowledgment on tho part of Tuscany of that obligation of winch wo biiou the
never ceaso to demand tho enforcement , namely , pro tection by their tribunals , or , if not by fchoir tribunals , «* least by tlioir executive , of British subjects passing tlir 0 U S " or rosiding in tho Tuscan territories , from whatever quarroi they may bo assaulted . ( Hoar , hoar . ) JJn ( lu 0 & ^ thi ' if tho Tuscan ^ Government persist in refusing to iuliu uu » plain and j > alpablo obligation , it will bo impossible lor «« -x MaioBty ' a Government to continue to treat witli . tliom w an indcnondont nation entitled to tho rights oi «> P { " ™ T intorcourHO . Consecmently , although it ih impossiblo miow conBistont with public duty , wo can lay boioro tno J _ i" » » any instruotiona which may have beon given to tir Bulwor , your lordHhips will find from one dospatch in tno papers on your lordHhips' tnblo that , in tho ovont oi u » plain' duty not being recognised by Tuscany , with wna over pain on our part , weHhall . bo compelled to susj ^ all diplomatic relations with that country . " ( I W Jlt )" ;;' After a little further discussion , Lord ijoowiio " withdrew bis motion for tho production of b » r M ™ *
Uulwor ' s instructionH . LOUD DEIUIY ' S EDU 0 ATIONAI 1 'OLIOY . On tbo order of tho clay for tho consideration oi « J > OoiiHolidatcd Fund Appropriation Bill , as liinonaou , Lord John KUSSKI . T , iulflllcd , on Monday , tho pr miso ho gave last week , and called tho « ttontlOn .. ^ Hoivm ) to tho recent minute of tho Committee ot ooui ¦ V / Corrjaa / - woTj
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598 . ;¦* TH : ^
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Leader (1850-1860), June 26, 1852, page 598, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1941/page/2/
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