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    , rDGMENT IN TIIE WOLVERHAMPTQtf * ccsspiiuos case . C OCBT 0 F QUEEN'S BEXCH .-Nov . U . jHK QJOXKH V . ROWLAND 8 ASD OIHEBS . jfce defendants hud been tried and convicted upon 8 U indictment which charged them with conspiring , , threats , intimidation , molestation , andobstruc-L to force the workmen in the employ of the { tJxs . Terry , tin-plate manufacturers at Wolverf ^ pion , to leave their employ , and also to prevent tT crs from entering the same eniplov . The indict-* contained as many as twent y counts , but on a se rious day a motion had been made by the defeni ^ comsel to arrest the judgment , upon the iW dtliat the indictment did not use ihe proper

    i , nl piir 3 ! : e 0 I 0 gyi 0 < leBCMbe an indictable offence jjtf also mored for a new trial upon the ground -f misdirection , and that evidence nad been imtr sperl . r received . Tho Court had taken time to yidcr the questions . ffle Attorney-General , Mr . Whately , Q . G ., Mr . &iv >? , Q-C ., Mr . Peacock , Q . C ., Mr . Skinner , jlr . Vaugnan , Mr . Pawy , JJr . Jtacnamara , and ^ . liwrcnce , appeared for the respective defends : ifr- Sorgeant Allec , 3 dr . BuddleBtone , and ^ . Kettle , appeared for the Crown . jord Campbell now eaid , hehadhad an opportunity ^ confe rring with Mr . Justice Coleridge as well as fib the judges now present upon the questions regrrcd , and they all took tho same view ot the caae . i 3 to souio of ihe counts , viz ., the lGth , 17 th , and been

    jp-li , it had objected that they were too vague . fubont pronouncing any opinion upon that queBfta , the Court ^! OUld grant a rule nisi to arreat jifljudguifut upon those counts , anlessthe counsel fho appeared for the prosecution should be willing j . j eater a nolle proteqid as to those counts . Thin fcnrae would probably be assented to . As to the juaiion for a new trial on the ground of misdirection && the want of proper evidence , no ground bad \ m toid f ° granting such a rule as to any of the iiendaiits except Hearj- Rowlands ana Thomas toilers . As to those two delendants there -mat tjaie evidence ; but Mr . Justice Erie , who presided j-lLe trial , said he would have been better pleated « the \ erdict had been in their favour , and that he jjil rather summed up to that effect , aDd told tho yjv that , the case of those two was distinguisbablo

    Jam that of the other defendants . "With regard to jvjgetwo , therefore , there would be a rula to show pose ; and if the rule for a new trial , as to those j * 0 defendants , should be made absolute , that tould be followed by a new trial as toalUlie defendants . Me ( lord Campbell ) would therefore throw pjt for the consideration of the counsel for the probation , tbat as the evidence again * fc those two fefendantt was but slight , it wonld be better to s £ o * a nalU proicqvi as to them , and allow Judgment to be signed against the other defendants . If list course were followed he ( Lord Campbell ) ikrojbt the ends of public justice would be satisfii II © wonld suggest that a nolle jtrostqui should iseaiered as to all the defendants upon the 16 tb , ] Jtb , and 19 th counts , and a nolle pr' -sequi upon all iK counts as to the two defendants Rowlands and ¦ Rioters .

    Mr . Sergeant Ailbs , on the part of the Crown , rented to the suggestion made by the Court . lord Campbell . —That . being bo , the Court were if qjiinion that there ought to be no rule to arrest it judgment , or for a new trial . An objection had keu made to the other counts , that the means by raieh the molestation was effected had not been stout . That , however , was not necessary to be hme . The counts had been framed upon the act ^ Parliament ; the words used by the Legislature lid been employed—words upon which a legislative asuing had been stamped ; so that the enactment ad been complied with . There might be a disanion in construing an indictment and a

    convicam for the offence , but this was an indictment for . itssrajiiracy at common law , and it was enough jame ihe words employed by the Legislature . It fsas clear , therefore , that no ground had been | asted for arresting the judgment , nor had there |;« n any misdirection in point of law . Mr . Justice liiiegaTO his sanction to the law as laid down by | se defendants * counsel , tbat it was the right of ta defendants , as English workmen , to make the kt of their labour , and to refuse to work unless the apis upon which they were invited to work were atisfoctory . As to the six defendants , therefore , sere was no ground for a new trial , there being apis evidence against them upon all the counts .

    -Mr . Sergeant Allen" then prayed the judgment if the Court upon these six defendants . Mr , Parrt Bald he appeared on behalf of two of ixte parties ( William Peel and Frederick Green ) , ad objected to the course taken by the counsel in the prosecution . The course taken amounted * . 1 « l " . wlvuhaion that there wasnok su&elent evidence acoimottbe two parties with respect to whom a ¦ Mt ¦ proseqvi had been entered . The evidence gainst those two had , nevertheless , gone to the FT as against all the defendants . Lord Campbell said no injustice had been done

    13 defendants . They were in precisely the same &tv as if the two defendants Rowlands and Win-HS had been acquitted by the jury . That would 2 to linen no ground for a new trial . ilr . Justice Pattesox * said the evidence had been irop-rly admitted , though it was not enough to Mviet . ilr Justice Ehlb said the evidence admitted : ; sinst the two defendants was of a different deoption from that which affected the others . lard Cakfbell asked if there were any affiavhs ?

    TViiiJe these were being got readv , tiiiJe these were being got ready , Lord Campbell observed , that the Conrt had srefuii j examined all the authorities which had : « n cited . As to Turner ' s case ( 9 Q . B . ) he could -Ot understand how it could have been decided that a aaspiraoy to go out in the nightime armed with Diiiiite weapons w « is not an indictable offence . Jfiat easo was not law . &vwal affidavits were then read in mitigation of P > si = imiont . Jir . WiuiELT , Q-C , on the part of the defendant Charles Piatt , addressed the Court in mitigation

    a puuishaieDt , and observed that the object of the -orkmg tinmen at Yfolverhampton was to obtain 'ie general adoption of a book of prices . They had Epml'hied to obtain such a book , and in so doing } &S had committed no crime . The defendant rait believed he had a full right to persuade all ^ iioin Le could , by peaceable and lawful means , to fate tie prosecutor ' s employ . It did not appear - ? on the evidence that he had used any threats , or ¦ -s ' -iinidation , or violence of any kind . The learned counsel contended that it was no more a crime for

    gorging men to combine for raising their wages Sian for t ] , e ironmasters of Staffordshire to agree ? pon what price they would have for their iron . tauer these circumstances , he ( the learned couu-**}) iope'l *? Court would consider that the ^ SliU'st punishment would answer the justice of accase . Mr . Hbaxixg , Q . C ., on the part of the defend-^ is George DauWd , Thoma 3 Woodnorth , and ¦ to-in ( iaunt , 6 aid the object which the workmen ° ngmaiiy eougbt to ohtftiu was the adoption , by Jib sh _ -Sra . perry and iome other manufacturers of Jie same book of prices as had already for some •_ Jio been acted upon by those manufacturers at

    ' [ oirerhaiuiiton vsho employed the greatest number w Workmen , ilr . Perry had himself admitted at l te trial that the adoption of that book of prices * oulj not have materially altered the rates which « was previously paying , and might have had the weet of even lowering those rates . He also rettitied that , in the first instance , Mr . Perry had « iCGnrag « i the workmen to expect that he would a Sr « e to adopt the proposed book , and had confes-* W tLat he did that in order to gain time until he * . s in a position to bid them defiance . If the - 'ojecL had been carried out by legal means , he sub-^ ' « ed that the object itself was not unreasonable . y- the same time , he could not justify the taking * 'ay birei workmen from theiremnlov . That wa *

    a illegal act , and he was bound to admit that there * as evidence to go to the jury in support of those c ° aiitS . As to the evidence " of intimidation , that •^> 5 of the slightest description . 2 fo actual violence r * d been committed . So Wow had been struck or threatened . In one case , a person had been told * tat it would be worse for him if he did not comply , I " * that was capable of an explanation . The earned counsel called the attention of the Court t 0 the fact that the three defendants for whom he R eared had been employed by the same masters * raauy years , and had borne good characters , and « hoped the Court would take these facts into conaeration in awarding punishment . J . W . PiiiHT . on the pari of William Peel and -rtderick Green , said the defendants declared that «« y never intended to make use of intimidation or

    ujreatg , or violence of any kind , or to adopt any ^ egal meaua to effect their objects . "When they 'eat to WoWerhamptOD , ia April , they said to Mr . jerry that they only came as mediators ; and from ^ at tune down to the end of June Mr . Perry led « iem to believe that he was sincere in his desire to tw \ an arrangepient . At the trial he admitted «> at he was deceiving them in order to gain time . « was therefore not to be wondered at if i wUeu he « rew off the mask , the men became irritated , and * ere tempted to commit illegal acts whiob they » erer contemplated at the commencement The in 4 e 5 r ? for whom he appeared disclaimed haYing Wercd to indue * hired , emnt 3 to tea ?^ Ttneit Jntw . Instead of doing anything of the Mnd , « Wf badgoBe before the Mayor of Wolverhampton w «^ 1 'a " : 1 ' ^ saying that inch conduct 4 e » t to return to theu- tervice .

    l < ord CwttBiu , inquired , whether it appeared fiaESMSfifi" ° f "" "s-1 ftJSS . 5 " " ieeeiKd *• Fe * * - »

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    Lord CuiPBEti gaid he was most anxious that workmen should have it in their power to make ihe most Of their work , but he looked mth alarm at the proceedings of this National Association sitting in London . ° Mr . Macnaiuba , on the « ame side with Mr . Pary . said the object of the Association was to wotoet tne ngnts of the working classes , to act unitedly to collect funds from the working classes through ! out the country , to prevent strikes , and settle disputes by arbitration and mediation . The society was presided over by a member of parliament ; and no complaint had hitherto been made of it . Union was as important to workmen as to masters . Lord Campbell . —Is it considered necessary to have a National Association , with funds collected all over the kingdom ? JtS ***?*™* ^ ** was most muioub that

    Mr . Macnamaka . —The workmen subscribed \ U a week out of their wa ^ es , and that money was again distributed among : them when out of employ . In this case they had offered to refer the matter to the arbitration of the Mayor and late Mayer of Wolverliampton , acting with Mr . Burton a tin manufacturer in London . Lord Campbell —Aud that offer was made by the delegates ? Mr . Macsamara . —They did not interfere till thev were invited do so by the Tinmen ' s Association at WolveihvwnploD , a branch of the National Association , Mr . Sergeant AxiBs ( with whom waB Mr . Huddlestone ) then argued in aggravation of punishment , aud urged upon the Court the evils that must result to trade if parties were allowed to interfere between masters and their workmen in the manner which had been proved in this case .

    Their Lordships having conferred together for some minutes , Mr . Justice Patieson , the senior puisne judge , pronounced sentence . Bis Lordship called upon the defendants , William Peel , Frederick Green , Charles Piatt , Geoi # eDuffieJd , Thomas Woodnortb , and John Gaunt , who appeared accordingly . After some preliminary observations , his Lordship said The object of the Legislature was , that all master * aud workmen should be left free Id the conduct of their business . The masters were at liberty to give what rate of wages they liked , and to agree among themselves for what wages they would pay , In like manner the workmen were at liberty to agree among themselves for what wages they would work , and were not restricted in so doing by the circumstance that they were in the employ of one or other of the masters . The intention of the Legislature was to make

    them quite free , but , seeing that intimidation might be used to carry out such agreements , it was enacted by 6 th George IV ., see . 3 , that if any person should by "violence , threats , intimidation , molestinnr , or obstructing another , force , or endeavour to force , any workman to depart from his employ , or prevent him from accepting employment , &c ., he should be liable to imprisonment for three cajendar months . Most of the charges contained in the indictment referred to this Act of Parliameiit , and charged a combination and conspiracy to do what was forbidden by the act . It charged the defendants with conspiring by threats , intimidation , molestation , and obstruction , to force the workmen in the Messrs . Perry ' s employ to leave their employ , and to prevent other workmen from entering their employ , and to compel them ( the prosecutors ) to make alterations in the regulation and conduct of their business . The offence did

    not consist m the combination to raise their wages , but in the use of threats , intimidation , molestation , and obstruction . In the indictment there was no charge of any violence to the person or property of any person , and no evidence of that kind was given at the trial . The charge was one of using obstruction and molestation . Peel and Green were the secretary and delegate from the Association formed in London , which had existed a great many years , and the object of which was to protect its members in asserting their rights against their masters . How far that might be a legal association the court were not now called upon to give an opinion , or as to the mode in which the business of the Association had been conducted . It eeemed , however , that such an association , supported bv

    large fnnds , was of a dangerous character , and might be used for bad and dangerous purposes . He ( Mr . Justice Patteson ) did not say that the association had been used for bad purposes ; but that it might be so used . Nothing could be said in favour of those two defendants , who had gone down into the country to interfere between the proseeutors and their workmen . It would have been much better if the parties had been left to themselves . The offence consisted in conspiring to do an act by unlawful means ; and whether or not there had been such a conspiracy was a question for the jury , who had determined that the defendants were guilty . The Court had no reason to doubt the propriety Of that verdict . When parties entered into such combinations with the intention of

    keeping only just within the law , there was great danger thatsome of their agents would go beyond those limits ; and they could not complain if juries came to the conclusion that such were the original intentions of the parties . Charles Piatt did not appear to have taken so active a part in this conspiracy as the others ; but Peel and Green were deeply concerned in the conspiracy . It had been said , that no threats or intimidation had been used ; but the use of express word 3 of intimidation was not necessary . Green , the delegate from London , had stated that the society had £ 20 , 000 , and that , if the prosecutors discharged a man because he was a member of their association , they could Bto » the supplies , and they would not have a single hand

    upon their works . That might be construed as a threat , even by a man of strong nerve . The placard signed by Peel , containing violent and inflammatory language in reference to what was termed the oppressive conduct of the masters towards their men , and crying up the conduct of the men as being temperate in every respect , might be construed in the same way . There was nothing , therefore , to lead the Court to doubt the propriety of the verdict , or to say that the case was not within the act of Parliament . The act provided that the offence should be punishable summarily by three calendar months' imprisonment . But this was im indictment at common law upon the statute , and the offence was punishable with fine and

    imprisonment in the discretion of the Court . The Court could therefore look at what was a just punishment ; but , though they were not at all restricted by the act , would not visit the offence with greater severity than it properly deserved . He ( Mr . Justice Patteson ) trusted the caEe would be a warning to the Association not to overstep the limits of the law in any respect . The sentence of the Court was , that upon all the counts of the indictment , except the ICth , 17 th , and 10 th , William Peel , Frederick Green , George Duffield , Thomas Woodnorth , and John Gaunt should be imprisoned in the gaol at Stafford for three calendar months ; and Charles Piatt for one ealendar month .

    Mr . Pabry made an application that the Court would order that the defendants should not be set to hard labour . Lord Campbell declined to make any such order . Tbat was a matter for the justices . A nominal fine of Is . was then imposed upon the defendants upon another indictment ; and , upon an application being made that those of the defendants who lived in London should not be sent to Stafford , . Lord Campbeil refused the application , saying that he thought the ends of justice would be best answered by imprisonment in that part Of tlie COUlltry in which the ofience was committed .

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    The Great Exhibition . — The medals awarded to the French exhibitors were sent to Pari 3 on Friday , where they are to be distributed amongst the successful competitors . The number of honorary distinctions of all kinds awarded was ofiSi , Of which 2 , 039 were given to British , and 3 , 054 to torei < Ti exhibitors , whilst the space occupied was in theVoportion of three-fifths for British and twofifths for foreign goods . Of the 166 council medals awarded , S 7 went to foreign exhibitors , and < 9 to British . The " prize medals" were given m tue ratio of 1 . 2 M to British , and 1 , 632 to foreign , and tbo honourable mentions were as 716 British to 1 , 320 foreign . A large proportion of the foreign

    distinctions were , as is known , borne away by tne French ; but it must be recollected they were the most numerous of the foreign exhibitors . It is a curious and significant fact that 88 out of 166 council medah were awarded for machinery alone , in which , and manufactures in metal , glass , and porcelain , the British exhibitors gained more prizes than all the foreign nations combined . It is some consolation to know that if foreigners have borne off more than a proportionate share of awards in the fine arts and fabricsTequiring taste and delicate manipulation in their construction , they have been greatly excelled in tho production of those important manufactures which constitute the main sonrce 3 of our national prosperity and wealth .

    Amokg the Grand Jurors not in attendance when called at the Central Criminal Court , on Monday , was G . F . Young , Esq ., M . P ., who was fined £ 20 for non-attendance . As ISTE 5 U 0 N manufactured by Mr . Gray , of Cork-street , by means of which the loss of a leg is suDolied by mechanical means , isamongt the most ingenious contrivances to alleviate human suffering The excellent mode adopted by Mr . Gray , of fittingthe mutilated limb in the socket , u a ft * , ti re of tast importance , and unless this be effec . tuallv done , great torture and inconvenience must Se to the wearer , who will otherwise want freedom of action , and the necessary lightness and Sngth . The substitute for the tender Aohil es hi Sedin a most ingenious manner , and it u SncBto be regretted that it was not exhibited £ the CrjstelW ? . The gallant Marquis of Aneles « has worn these improved legs , jnanufacturedby Jir . Gray , for yery majiy years .

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    KOSSUTH PAPERS . [ The 'Dail y News' has been favoured with some documents prepared by M . ELossuth , in illustration of his views upon Hungarian politics , hitherto unpublished . The following important paper , which embraces the views of M . Kosuthon the future government of Hungary , written whilst tho illustrious exile was detainediu Turkey , will nodbubt be read with interest . ] SUMMARY OF THE PRINCIPLES OF TUB FUTURE POLITICAL ORGANISATION OF HUNGARY . K . ORSTTTCT PiPCTg

    The example of the Prcneh Republic furnishes the most triumphant proof of the argument I have all my life supported : namely , that the enunciation of" the sovereignty of tbe people is insufficient to guarantee either the rights of individuals or the liberty of the people , when the power of governmeut ia too grear , and when an assembly , though issued from universal suffrage , becomes constituted into the Bole organ of that sovereignty—that assembly being clothed with legislative omnipotence , and at the same time forming the solo legal barrier against the encroachments of government upon the rights of individual and political liberty . We have seen a President of the French Republic issued from universal suffrage , acting with impunity against tho honoup , dignity , and liberty of his country .

    We have seen a Legislative Assembly , issued also from universal suffrage , abolishing by its own dectee that very uaiv&ml suffrage which was the source of its own creation . We have seen resulting from the criminal alliance of these two omnipotences , not merely the violation of every right and every liberty , the destruction Of every guarantee , the falsification and perversion of every democratic institution , but wo have seen the republic become a lie , and Us HO ' minal existence questioned—so that republican sontimenks and attachment to the" republic have become crimes in the eyes of those all-powerful organs of the sovereignty of the people , and the unfortunate French republic reduced to such a state sis to render applicable these words of Moore , deploring the fate of his country ,

    "It ia treason to love her , and death to defend . " Poor Franco ! Is sho then reduced to the inability of defending what she conquered in so many revolutions , unless by another revolution ? . 'Tissau but natural . I foresaw this , and publicly foretold it the very day tbat I perceived , as I read the constitution of the French Republic , that France , in spite of all her trials , knew not yet how to detach herself from that fat . il slope , centralisation of power , so flattering to the vanity of glory ,

    but so pernicious also to liberty . Do you think that a government and an omnipotent assembly will not abuse this omnipotDnoe , possessing as it does a numerous and powerful army subject to rigorous discipline indispensable for the existence of such an army—an annual income of one and a half billions—the patronage of all places down to those of mayors of communes , and the faculty of dissolving the national guard and placing the country in a state of siege ? Do you think all this power will not bo abused 1

    "Why , it would be contrary to human psychology ; and in order to succeed you should have nothing less than a nation of "Washingtons . These Washingtons are very rare , be it said . Yet it may be that this fatal tendency to centralisation , flowing from the unquenchable source of traditional sentiments , is part of the character Of the French nation , which may , therefore , be more to be pitied thun blamed , for the heart of nations like that of man may well break though it cbangai not easily . Thus France must pass through many trials before she succeeds in changing this fatal character .

    However this may be as regards the French , I , as an Hungarian , and knowing the character of my nation whose tendencies are quite opposite , and whose equally invariable traditional sentiments revolt against centralisation—I , not aspiring for my country to the vanity of conquering glory , but for real liberty and the happiness of complete democracy—1 bate centralisation of power . I hate the pvetention to omnipotence of either government or legislature . I shall lend no hand to burden my country with such institutions , which I consider absolutely contrary to the rights of man , that ought not to be absorbed by the state , and contrary to political liberty , which cannot bo combined with a centralisation diametrically opposed in its natural direction to liberty .

    I would have these rights and that liberty free from the encroachments of authority . Therefore , hero is tbe sketch of the principles of the political organisation which I should propose for the sanction of the people of my country . As a fundamental principle , 1 propose the sovereignty of the people , constituted as : i democratic republic . But the whole people—that university of all the citizens of a country—revealing itself by universal suffrage , and by the functions of the elect of that suffrage , shall not be tha sole ovgan of that sovereignty , except in so far as the common affairs of the whole state are concerned .

    Man , as regards his individual rigllta—the family , as regards the affairs of the family—the commune , as regards the affairs of the commune , and the department as regards the affairs of the departmentthese all are equally organs of that sovereignty . The most absolute despotism never sought to become the tutor of a family in the management of its domestic affairs , because , possibly , it might not understand them and might mis-manage them . Thus the same liberty should be extended to man —to the family , the commune , and the department . Men must be free in their individual rights , free in their domestic affairs , free in the affairs of their communes , free in the affairs of the departments .

    The rights of man cannot be subject to the will or pleasure of the family , the commune , the department , or the . state ; on the contrary , tkey must Snd support and protection against the tyranny of the family in the commune ; against that of tho commune in the department , against that of the department in the state , and against that of the state in the inviolable principles of the constitution , in the right of refusal oa the part of the commune aud departments to lend themselves to the execution of the tyranny of the state . They must find it , finally , in the real responsibility of public functionaries , guaranteed by the right of each man , each family , each commune , and each department , to complain and demand punishment , or damages from functionaries before the tribunals constituted by law . The liberty that I declare inherent in man , I declare inherent also intae family , the commune , and the department .

    To me political liberty is insufficient when confined to that hoinooopatbic dose of it that consists in tho giving of my vote periodically amongst the millions of votes of my fellow citizens at an election . I want also to enjoy individual liberty , and to exercise a continual influence on my own communal and departmental affairs . Thus : the individual rights of man ( which are to be enumerated in the constitution ) do not belong to the legislation of the state . Amidst these rights may be mentioned , amongst others , freedom of thought ( the press , ) freedom of creed ( religion , ) and freedom of association . In my opinion it is an inalienable right in nun to associate freely for the development , support , and guarantee of hia intereats , whether moral or material .

    The men of the same creed and the same religion associate , and there is the church—a free and independent association , governing itself afc will according to the principles of its worship and its religion . It has nothing to do with the state , and the state nothing to do with it . Here is liberty . There are countries where meo apeak different languages , and thus belong to different nationalities ; but in which these different populations are go intermixed , tuat except in small sections there is no rounded territory of such or such a nationality , which can be detached from the state to form another , without damaging the rights of the men belonging to other nationalities intermingled . This is the case with the Servians , Wallacks , Slovacks , and ButUenians in Hungary . TViiat is to be done with them ? Let them act as the men of the same

    creed , who form an association ( the church ) and direct and govern that church according to the principles of their organisation—Let them do as does the Protestant Lutheran church , to which 1 belong , in Ilungary , which has its preachers ana local inspectors , issued from universal suffrage , in the parish . and parish assemblies ; let them have seniors and seniorial inspectors , issued from universal suffrage in the seniorate and seniorial assemblies ; superintendents and district , iiiepectors , issued from universal suffrage in tbo district , anu district assemblies , and finally a supreme court , consisting of a general convention meeting annually , or ofteuer , in which each member of that church may vote , and whose president is the inspector-general also issuing from the universal suffrage of all . Such is an organisation eminently free and democratic . In such a manner as I nave

    here pointed out , the men belonging to a nationality have the right to join , and form a national association for the development and guarantee of their nationality ; they may give themselves such an organisation as they please , a chief according to their owa will—the Serbians calling the latter a voyvode , and the Wallachians a hospodar . These may , according as they desire , unile ts that association the management of their church , their schools and the national education in these schools —in a word , they may provide for that common moral interest which ia called nationality , they may give themselves statutes for their association , and they will govern it according to these statute ? . It will have nothing to do with the state , the

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    state . nothing to do wi h it . Here again is liberty irberg ; of a ° ' o C iat ? ou . al *™* ^ Passing on to the commune : the commune is free and independent in the exercise of communal aftairs , the management of which is based on the inviolable principle of universal suffrage belontjinc to all in the commune . The constitution defines the conditions under which an aggregation of families is to form a commune . It recognises the inviolability and unalterability , of universal suffrage , and the riirht of elector * . ^ ,, ... -,... „

    to awnuM any functionary of their own previous choice . . Beyond this , however , neither department , nor government , nor legislature has the power to meddle with the management of communal affairs . bongequGnuy , each commune determines of its own free will in wi / at language it shall be administered . U draws up us reports , correspondence , and petitions ; to tho department , the government , or the legislature in the language which id may aavu chosen tor the commun .-il administration j "' and it receives replies from the departments , or from the government through the departments , in the aame language . Tttus you have nationality in the

    commune . But the constitution guarantees to the minority the right Of Complaining , or addressing demands to tue coiamuue , ft » il pleading its cause before the tribunals in its own language ; or of forming itself into a separate commune , if it comprises within itself what the constitution orders for tho formation of a commune . Thus you provide for tho protection of the minority against the oppression of the majority . Amongat the c 6 nditlons indispensable for the constitution of a commune is the establishment oi one primary communal school at least , kept up and managed by the commune . The language of education in the school shall be that chosen for the administration of the commune . And so is secured the development of nationality in the commune .

    But liberty o / education is guaranteed by the oonstitwtion ; the minority of the comtnvne of the associations ( as , for instance , tho church , national associations , or those of manufacturers , agriculturists , or traders ); each man , in fact , ' has ¦ the right of establishing schools under the sole protection of publicity , and each has the right of profiting by every school . Here , again , is a guarantee of individual rights and of those of the minority . In fchematters appertaining to primary schools of communes , the department , government , or legislature , have no right to intei fere ; but . ia view of

    the common interests of the state , the legislature may decree a minimum of public education . For instance , each citizen being called upon to defend the country against all aggression , primary military instructionXexerciseand manoeuvres ) should already be commenced in tbe primary schools of the communes . And the functionary of the commune charged with the direction of the school is responsible to the government for that minimiiffl , 3 ? or this reason the government shall be invested with the right of inspection , which it can only exercise , however , through the department .

    So much for the sovereignty in the commune as regards communal affairs . But the commune and its functionaries , elected by the people in it , are also the executors of the orders of the departments , of this decrees of the government and of the laws issued fronrthe legislature of tho country in matters reserved to the department , the government and the legislature . Eere is real democracy . The people make laws , tho people also execute them . To that end the respective functionaries of the commune , issued from universal suffrage of the people in the commune , are responsible'to the department and the government . This is for the efficacy of government .

    But the government cannot place itself in immediate contact with the communes , nov can it send them orders except through the respective departments whose rights are about to be defined . So much ' , for the barrier that protects the commune from the oppression of government . Passing on to the departments : The legislature defines tho departments into which the country is to bo sub-divided . : This delimitation shall be made as far as geographical conditions permit , with due regard to the different nationniitiea , in order that the inhabitants speaking the same language may , as much as possible , be united in the same department . For tho administration of departmental affairs , the same principles shall be applied that I have established for those of the commune .

    The department is to be composed of the representatives of the communes , always liable to dismissal ; elected periodically by universal suffrage of the people in the communes . The departmental assembly , in its first sitting after election , decides by majority what language is to be used for the administration of the department during the period that it is to last . It will correspond with the government in that language , and will receive answers from the government also in that language . So much for political nationality in the departments ,

    But the minority has the right to speak its language in these assemblies , and each individual has the same right for hia petitions to the assembly and the functionaries , and before the tribunals of the departments- , Tiie departmental assembly periodically elects its functionaries for the administration of the department , who receive the instructions of the assembly , and are responsible to it . Tbe government sends its orders as regards the matters reserved to the government , and the laws to be executed in the communes , to the departmental assemblies . The people , therefore , is still the direct orsan of tho executive power .

    These assemblies can never discuss the opportuneness or fitness of the orders of government , and they and their functionaries shall be as regards the orders whose constitutionality is not contested , responsible to the government , which may ia case of disobedience arraign them before the high court of justice . The only question in respect of these orders which may be discussed by these assemblies is that of deciding whether the government has not assumed an unconstitutional power , by

    encroaching on some individual right of man , or on the powers reserved to the communes and departments . If the majority of the assembly votes the unconstitutionally of a government order , it may remonstrate with the government by suspending its execution . If the government insists , the execution must proceed , but in case of a supposed mistake in the interpretation , the departmental assembly shall obtain the decision of the legislative assemDly . In caee of a supposed violation , it shall complain against the government before tho high court ofjustico .

    So also each individual , ov each commune that may consider themselves damaged in their rights by the decrees of departments , may , after coisforniing to them , appeal to the government and to the legislative assembly , or complain before the high court of justice . Each department must have and manage at least one secondary departmental school in the language which shall be determined on by the departinent . So much for the development of nationality in the department . The law shall fix the minimum of instruction in theso schools ; and tho respective functionaries of the departments shall be responsible to the government for this minimum .

    The minority , the associations , all Citizens m fact , hare the same right reserved to them for tho formatiou of similar schools , and for tho liberty of teaching , as has been said for the communes . As regards the legislative power of the state : The legislature is composed , as in the United States of America , of the assembly of the representatives of the people and the senate . The former elected by universal suffrage in electoral circles , the senators to the number of two for each department .

    The members of the central government of tho country , and the public functionaries of itsappoiutment , are not eligible , either as representatives or senators , unless they resign their functions ; and every representative or senator accepting an office is supposed by that step alone to give in his resignation as member of tho legislative assembly . The government may , nevertheless , send its membersor its functionaries to the assembly to give explanations or make communications . It is obliged to do so if the assembly ( iesirca it . Representatives ami senators may be removed by their electors ; the law defines tha mode of proceeding for such revocations .

    The Constitution shall fix the rules according to which the assembly proceeds , the relations between the two parties , and the attributes reserved to each . For instance , the assembly of representatives shall vote the taxes , whilst the decisions in cases at issue between the government and tbe departments , shall be taken cognisance of by the eeuate . The legislative assembly is the organ of the sovereignty of tbe people , as regards all matters which do not appertain to the fundamental rights of individuals of the family , of the communes , and of tbe departments . For these rights are eternal and inviolable , and are the birthright of all posterity . Therefore all that is es&ential to the sovereignty of the immortal people is subject neither to the legislature nor to the arbitrary will of a genera *

    tion . As a supreme guarantee of these fundamental rights , a high court of justice shall be established to pronounce on the constitutionality of tbe laws decreed by the legislative assembly . The chief of the executive power charged with the publication of the laws cannot proceed to that publication before the HigU Court han pronounced whether ihe law about to be put forth be contrary to fundamental rights . If the court decides against the constitutionality of the law , the point on which Xam judgment rests musk be stated \ n

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    their decree , and tbe law is de facto annulled , and shall be sent back without being published to the legislative assembly . The members of the nigh Court shall be a . ) pointed by the senate . They are . irremovable , an even should they resign , they cannot afterwards hold any other place subject to government appointment . It is needless to state that the legislative assembly , as has been said with regard to the communu and the department , shall also have to ( leiennii :-the language in which the proceedings arc to be care ried on . But the promulgation ot laws shall take place in all the languages adopted by thi ; divers communes of the country . Finally , as regards the government •' . . ..

    After the limits of its power have been ' defined , and guarantees established against . abuse of authority , there ia no danger in concentrating tho execotivr power in the hands of onu chief , m-m those oi a triumvirate or committee ; provided in case one chic ) is chosen , he is elected at once by universal suffrage , and in case a committee is selected ) that it should be appointed by the legislative Assembly ; provided also , at all events , that tbe committee be renen-Ml periodically , and that any citizen . commune , or

    de-( 'artmettt , has the right to arraign tlie chief of the executive power , before the Uigti Court of Justice , on account of abuse of power ; aud if the High Court finds that the constitution has been violated , lie shall b « considered as fallen , and tic no longer re » eligible . One of the principal guarantees against abuse of authority by tlie chief of the executivepower is this ; that the organs of tho civil administration of the executive power are not functionaries appointed by the government , but elected by thu communes and . the departments .

    . And in order that there may be no doubt as to the application of responsibility , that false prmciple wliicSvs ^ s' ^ bal ; the countersigning of a u . imster cover * ih ' pjfiesponsibi / ity of the chief of the executing \ iowo " i |' fchaUhot . be admitted ift thv , «> ustitution of n ^ feary , buc that principle shall pvcv « il vrhich ' sa ' y ^ thiti those vUouo ai * e responsiblo for an order who sign it . It will be seen by this exposition that the govern , mont will have sufficient power to cause the Jaws to be executed and respected , but none to hurt the constitution ^ falsify institutions , or oppress liberty . All that relates to legislation is as regards its execution the duty of tho government , which will have sufficient power to sec that tlie communes ami the departments fulfil theiv duties to the conntry , but none to molest them in their municipal autonomy . It will he ab ! e to perform its duties with efficaoy ,

    because it will not be subject to that fatal malady of " governing too much , " nothing being within its duties but what preserved to the whole state . This ia what may easily be conceived by the superposition of attributes of the divers portions of tho administration of the country . For instance , as regards modes of'communication ; parish roads are a portion of the administration of the communes . Departmental roads a portion of that of the department , whilst the great arteries of communication belong to the legisluturo and the government . The departments shall watch that the communes do their duty , and the communal functionaries shall be responsible ; tho govevnutent shall watch that the departments tlo their duty as well as watch over the communes , and they shall be responsible to the government . The government in turn is controlled and watched by the legislature .

    As regards public instruction : The primary schools shall be under the administration of the communes ; secondary schools , as , for instance , gymnasiums and colleges , under that of the departments ; whilst the superior schools , as academies and universities , are under the administration of the legislature and the government , As regards the armed force : It shall consist principally of the National Guard . Every elector ia , during a certain period of his life , called upon to aot in this capacity . The law shall regulate the organisation of the National Guard , and fix the retribution for time employed in daily service . The commune shall appoint the officers and subalterns

    of the National Guard of the commune ; the departments ^ hall appoint tho commandants of the National Guards of the several united communes as well as the departmental commandant ; the government shall appoint the district commandiiuts and the conimander-in-chief ; the communal authority disposes of the employment of tho National Guard in the commune , the department of that in tho department , and the . government disposes of it for the interest of the whoie country , or oil the requisition of a department hi case its own ' forces should bo insufficient . All faults , excesses , or disobedience shall be punished according to the law and regulations , but no National Guard shall be dissolved or disarmed except in case of revolt .

    The principal armed force destined to the defence of the country Uehijr thus formed by the national guard , the state will not be overburdened by the support of : i numerous standing army . The skeletons of corps , and necessary number for garrisoning fortresses , shall alone be kept up permanently ; fcliis small army will form at the same time a practical military school , in which the youth of the country must pass at a certain age in order to provide , in case of necessity , for the proper defence of the fatherland .

    These skeletons shall be so formed that , in case of war , the contingents of each departinent shali be united in battalions and regiments , designated according to the name of the divers department sand nationalities . -Thus there will be a Magyar bafctalion , or Wallaebiian , Servian , or Slovack battalions , according to the department of each . The national costume shall be provided by each department , find the battalions will remain in this respect iu constant relation with their departments . All this again is to preserve and elevate the nationsil sentiment ; . The honour due to the bravery of a battalion shall not bo absorbed as it is , for instance , in the Austrian army ; it will shine on the department , and on the nationality of the department , by elevating the conscience and vitality of the respective nationalities .

    As regards tho administration of justice ; civil tribunals , and a correctional communal police shall be formed . Civil and commercial departmental U'ibunals shall also be formed , for the administration of penal justice by each department , founded on the principle of tho jury . There shall be no exceptional tribunals . Tlie departmental assembly sljall form tho grand jury , which will pronounce , if necessary , according to a penal procedure . Besides , there will bo courts of appeal , and a court of cassation ; finally , for complaints against public functionaries , and for the guarantee of

    constitutional rights against the encroachments ot the legis < luture , there will be the hig h cowt of justice . On such a superposition of attributions reserved to the communes , tho departments , the state , and its functionaries—on that direct participation of the people in all the branches of the publio administration—on this self-government of the people , joined to the inviolability of the rights of man , guaranteed against all encroachments—on these principles , I say , 1 would found ^ political organisation of my e&nnfcr . v .

    I consider this organisation eminently democratic . It is even more so than the political institutions of the United States of America * , and , happily , in the eyes of Hungary , such an organisation will not pavtake of the character oi a theoretical novelty , an innovation frightening more than it could benefit ; on tha contrary it will spring , with 80 much vitality ( rotn the traditional character and sentiments of Hungary that it will bo hailed by the entire nation as an ancient friend purified from error and released from weakness and defects . None but the party zealots of authority—those blasphemers who vainly fancy theniselvus called to play the tutors of nations whom they would gladly condemn to everlasting minority—there are none but those who can have a word to utter against these ideas . But their displeasure ; were an honour rather than a discredit . They would found the social state upon authority . I would rather see ^ it established on liberty ¦

    I am not of the uumbor of those rash , innovators who would upaet all that they find existing for the sake of inventing something now . I have arrived at a period of life at which illusions pass away and the-passions arc calmed by ago ami the discipline of sorrow . I have experienced much . I sought out the causes of tho decline and fall of states , and the misfortunes of my fellow-men both in the page of history and in tho study of men and manners ; and I have come to this profound and unchanging conviction , that nothing but the principle of liberty , revered anu < . obeyed abovu all other considerations , can resolve the great problem of the regeneration of nations , and heal the present maladies of European society .

    1 do not then cast my eyes around for artificial doctrines , for truth ia always simple S 3 the great laws of nature herself . Here then I paiue . I believe-that Buch an organisation , founded on liberty , is capable of giving to . Ilungary sufficient force to repel in future all danger with which it oould be threatened from without . But should my country think that something else is wanting to complete this safety , whether on its own account or for the sake of the interests which free nations have in common , I believe that it will find it in fraternal confederacies with neighbouring countries—a thought which lies very near my heart , since by it 1 understand not ft fusion of the boundaries of my own and other countries , but an association having for its only end united action against exterior aggression .

    The question oi nationalities is the apple of discord which the cabinet of St . Peterabugh hai thro in the midst of nations in order to draw them under ita all-disposing protection . Passions eo ready to sacrifice true interests and even liberty itself to the vanity of their illusions—passions excited by violent men , venal or else ambitioushare so we . &e seedaof , hatred wlwre love . and &&

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    tevmty ought to spring , and of these the sacrilrt ;! ous nature of Austria has availed itself to divide those popular forces which , united in the love of liberty , would have overturned her : and thus sl . e has excited race to rise against race , in onkr that , in the end , she mi ght deceive and oppns I do not believe that the progress of humanity , which is only possible by liberty , has gained any . tuiujr by viicsu rivalries . I do not see the question of nationality raised ia i-m-United Stains of America ; on tho contrary , I see different . « oiu \ l ; itions unUod by the principle-of liberty , aii > l hence I seo them great—frou—bapwv . To ir , v chia is iuicrosting . " Oub of ] ib » rtr tiara is no salvation .

    In Europe tiie question of nationality has been thrust . into the foreground , and liberty will long feel the effects of this mistake . It is disastrous . Xcvertlielcss , ivc must t : iko the question oi raco as we find it . ' It is there , and it must have a solution . I have already » iven one . let it then be remembered that in Hungary we have not to do with , natiotialitie .- jjtulivrcd out and established on SBpaniiui ) territories , \ mi tt'itli populations of many racca , inhabiting one and the 8 inms country , i » which they live Intermingled one with another , in such a manner that no marking out of tervitovlsvl nationality would bo possible . Under such circumst ! U \ cos thuve in no conceivable settlement of ( ho question other than that which I have given . 31 » wlio nesiies more would oppress my nation ( 0 the profit of his ; and ho ' who ii 9 ka not to oppress anot ' icr should not verm it another to oppress him .

    I hold nationality in great account : I woulii bo at any pains to be just , and I earnestly seek t ^ a means of guarding every susceptibility of this sentiment . I wouU' grant all to nationality within tUe stivte , but 3 wonM make no concession wiiatcvor to those unreasonable demands whioh involve Iho sacrifice oi t \ ie state ' s existence . Such a sacrifice were de ; ith . A stiite may submit to death , but it does not commit suicide , if afuturebe possible . Thus far am I , and time fiu « &v < i my friends—I will add , thus far is my country—ready to sacrifice all but tho existence and the assured future of my country , for tho settlement of tbe question of nationality .

    As to Croatia and ScUvonia , if they will all themselves with us to combat Austria , and reconquer our common independence . I declare that , although for ciidit ceutui'ios theso countries have belonged to tlie crown of Hungary , we are ready to renounce them and to recognise their independence as sovereign states , on ' y adding to that recognition some just deman-fc , in nowise affecting the question of independence . And why do I say that wo aro ready to make such a sacrifice ' ? Because Croatia and Sclavonia have a circumscribed territory , geographically defined by tho Adriatic Sea , the l > rnve , tho Save , and tho Danube ; because the inhabitants of this well-defined territory form a homogeneous national population , unmixed with UunmiriiiHS ( there are but three or

    four Hungarian villages whoso inhabitants , if they desired it , could be transferred ); and , lastly , because the Croats and Slavonians settled on this territory are . a nation , just as : ivo tho Serbs ia Servia and tho Waliaobiaiis in Moldo-Wallachia . Thus if ihe Croatian ^ and Sclavoniana , bound for so many years with Hungary , desire to be indepen * dent—and would to God they wore , and under his blessing !—our common independence onco conquered , if they would confederate with us to guarantee our mutual security , we should be ready to league with them ; if not , well , wo should remain each apart , but good neighbours . Without our alliance they could not succeed against Austria ; united with us . success iscevtain . To the recognition of their subsequent independence we should attach but the three following

    conditions : 1 . That to the town of Fiumo , on tho Adriatic , the inhabitants of which are Italians , and belong neither by right nor affuction to Croatia ( for before as well as after the revolution thoy always protested against incorporation with Croatia ) , shall be granted the power to constitute itself a free city ( like tho llanso Towns ) , or to remain united to Hungary , as it may choose . 2 . Tbat Croatia and Selavonia shall adopt tha system ot free trade , so that wo may not find oursolves interdictod to approach the sea . 3 . JBfat the fortress of Peterwardoin , which from its geographical situation is neither necessary nos of any value to Sclavonia , but which , forming the Iwy of southern Hungary , and of the Danube , is indispensable to Hungary , may remain ours .

    This is all : these granted , may Croatia and Sclavonia bo free and independent ! Hero , then , is what I have to say upon this question . Now , to speak of tho remaining populations inha * biting Ilungary , and ( what is but a part of Tlun * gary ) , Transylvania . In their regard ib is not pos- * sible , physically speaking , to make such a sacrifice , because there exists no geographically circumscribed territory , supporting a homogeneous popu « ltition , such as i ' s that of Groatia and Selavonia . Take that part of Ilungary ( tho liacs and the Banat ) , called at present tho Woywodinn of Servia . According to the last Austrian census , and after all tho pains of the government to place the Magyar * in the minority , the entire population c > f i ^ lna part of Ilungary is I , 39 l 3 , 16 'i . Out of this number tha Serbs counted only 274 , 000 , the Magyars 310 , 000 ( i . e ., 230 , 000 and S 0 , 000 Bunrevacz , who spcalC the Servian language , but aro Roman Catholics ,

    and refuse to be reckoned among the Serbs , against ! whom they fought during the last war , and on be « half of the Magyars ) . Germans 33 C , 43 l ) , W .-Ula cUian ^ 390 , 000 , various 20 , 028 . With what reason then could any one ask thafi this portion of Ilungary should be detached to form a Servian province , when the Serbs , who aro new comers , having only inhabited tho country since Leopold , do not make even one-fifth part of th ^ population ? Is this just , reasonable , or fair ? Tho same is tru « of each other nationality . And who , now looking at the condition of these nationalities , not separated by geographical limits , but intermingled on tho soil , can » sk that the territory of Hungary bo mutilated , her geographical frontier destroyed , tho Magyars of the mixed population sacrificed , and the body of tho state mutilated —the body of Hungary , a state essential to the liberty of Europe heiwlf . m o

    _ ^ _ What , then , is the solution of this difficulty ? Ifi is simple : I have already given it . This territory makes part of Hungary , and Hungarian let it remain . Hungary is not a tabula rasa : it exiBts . In . this Hungary the Magyars ( eight millions , according to the late Austrian census ) make , supposing we were to take them but at six and a half millions , not only a relativo majority as measured _ against each separate race , but also an absolute majority a $ compared with the body of the other races united * Nevertheless , we aspire not to domination , vra aspiro to nothing but freedom , equality , brotherhood •'

    for all without distinction , anu we say—Hungary exists and shall exist , for it has both right and living force . Hungary is a state—we will not permit it to be rent and parted like the Saviouv ' s gar . meuta , but we will that the people who inhabit ba . free , equal , aud 'brethren . As for nationality , it will be abundantly guaranteed for all the pui-posea oi Wo and 8 ocia \ titfVfciopment , by liberty of association , by politic . il ' existence in the communes , tha departments , and in the state , by the vote of the majority , and the rights reserved to the minority as well as to each individual , Thisthonis my solution—Liberty . '

    , , I know that it has been proposed , or rather designed to establish a great Dunubian confederation , composed of Hungary , Moldavia , Wallachia , Ac , ; one . that shall have no frontiers but for interior administration , the frontiers of provinces determined according to nationality . . Supposing , now , that this were equitablo ia theory , it would be impossible in practice . Let mo speak plainly . Some . of theso projectors have theis eve upon Transylvania . They would like to sea

    it annexed to Moldo-Wallacbia , and governed in tho 'Wallfteliian tongue according to Wallachiao laws nnd customs , sending also its deputies to a Wallachian diet , a « d depending on a government residing at Bucharest . But having thus appropriated Transylvania , to make it a part of the Daco-Rouraania wliioli they hope to establish , but which as yet does not exist , they would confederate against foreign aggression with Ilungary . Tha duration of such a confederation Heaven along could ( warrantee . _

    Cast « glance on this same Transylvania . Let us not stay to regard it as the natural frontier indispensable to tbe security of Hungary , nor tor compute its immense natural riches , its mines of salt , gold , silver , &c ., those inexhaustablo benefits of nature , which no state ever willingly abandons to its neighbours ; hut lotus only look to the stato of the . population in Transylvania . The popular tion of Transylvania is 2 , 000 , 000 . Of this number there are 1 , 000 , 000 Roumanians , and l , 000 , 000 noa « Roumanians . —that ,, is to say , from 800 , 000 to S 50 . 000 Hungarians , and from 150 , 000 to 200 , 000 Saxons . Among the Hungarians there are nearly 500 , 000 Szeklers—that warlike -iface i the '| 16 ry of my nation , of whom from 40 , 000 to 50 , 000 are ready at any moment to shed their heroic blood for their country—who , thrown on the remotest confines of my country , have defended it for a thou «

    sand years , and who using the plough or wielding the sword with like energy , have converted their savage mountains into a smiling paradise . This is the Transylvania whioh it ia proposed td cut off from Hungary — this tbo population whica is to be ruled fri : m Bucharest for the only reason that in this country ( if considered by » & \ And yet if these Wallaeh ^^ gA ^ -j mingled with other races , as ^ % « W ^ e ?? . * m •^' '?^ r " .- ' - . ^

    L,Ato Ftiteltigentt. Iatu Mmmtu

    l , ato ftiteltigentt . iatU mmmtU

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    JOBBER 29 , J 851 . ' N 0 RTHERN T R UtKi ¦ ,. '¦ ¦ ¦ ¦>

• Citation
  • Northern Star (1837-1852), Nov. 29, 1851, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1654/page/7/