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THE WEEK ITS PAELIAMENT. MK. MA.THEB IN ...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Legislation Gets Very Misceflaneous Fa T...
length along , with a vast amount of the highlycoloured reading , termed " objectionable . * ' The Doctor , who was a great aequisitibn fof the Ultra Protestant party as an apostat ^ monfij ¥ as char ^ ea by Dr . Newman , the convert to Catholicism , witfi outrageous incontinence . He vindicates his character by bringing an actjqn for libeli and Doctor Newman defends himself with Mi Bverwhelming
mass of evidence , conveying further 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 approving Lord Campbell received their verdict amid the unchecked cheers of a tumultuously excited auditory .
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The Week Its Paeliament. Mk. Ma.Theb In ...
THE WEEK ITS PAELIAMENT . MK . MA . THEB IN THE HOUSE OF LOBDS . Lord Beaumont l ) rotiglit the case of Mr . Mather before the House of Lords on Monday . In the main , his 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 , he 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 of this question , namely , the subjection of Tuscany to Austria . " Unfortunately , it Lad "been the policy of Austria to encourage every kind of misgovernment an the Roman and Tuscan States . She had urged upon the Dukes of Parma , Modena , and Tuscany , as well as upon the Pope , to adopt a system hostile to all social improvement , and destructive of everything like civil and religious liberty . Nay , Austria had gone so for 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 , Forli , Ravenna , and the other ecclesiastical states , wore 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 allies of their sovereigns , who at present occupied their territories , and such a rising might , perhaps , before long , become inovitablo . "
But what remedy did he suggest for this ? Ho recommended that " something" should bo done analogous to what was done in 1834—when the Papal Government was impressed with the necessity of social reforms —[ of which tho Papal Government took not the least notice ] Lord Beaumont ' s attack was very mildly made , as became a Poor of England speaking in tho peaceful atmosphere of the IIouso of Lords . In reply , Lord MAMinsnujtY was quite as mild—indeed , the whole dobate was by many degrees tamer than its fellow in tho Commons .
Lord MaI / MESBUKY began by complimenting the noblo baron who preceded him , on the general accuracy with which he had narrated tho caso ; therefore , little need wan there for him to go into detail . Ho admitted that tho assault was " a most brutal" and inoxcusablo assault—tho act of a violent man acting without an adequate cause . Hut bo tloniod that it was a national assault , an assault upon the honour of Great Britain .
And ho aslccil whether every assault committed upon Englishmen abroad was to bo considered nn assault upon the national honour , and resented with all tho strength of the empire .- Englishmen abroad woro liablo to bo insulted as foreigners woro hero . To tho latter , tho British courts of law were open , and to the former , foreign courts of law were open ; and until justico bad been denied to a British subject in a foreign court of law , no Jforoign Secretary would bo justified
in jntorienng . When bo cmno into offico , ho found thai Mr . Muthor had boon innultod and injured by an Auatriun officer " quartered" at Florence Lord MAi / MicemintY then delivered a short away on tho law of honour , which deserves preservation on account of ita author .
Mr . Mather b ^ ifig mjuredj he had one of three courses to pursutPSi ; ti " Thirty ; yea | iJigphe would , perhkfis ^ have adopted . tfigt $ ie . of thes « y | 5 ursea Tpbich wotud . l ^ ve then coiisi ) t | ijlin a # mandmg 4 Soin th ^ officer who tfl 4 insulted him pBfsonal ieparatibn fyb , the ijwult . He 4 ict -npt s at all blamei * Mr ; Mather for nQp haying adopted tMt course ^ opinions had , forirunately . Ma'hged > ojn the sublet of duelling j the adypnee of civjji f at iofi ^ ftd determined that , such a mode ; O . f settling duTerencel [ between ge ^ tl ^ men . w | S no longer £ te fensible or practibable . ( Heafjr hear . ) . But , though the practice of duelling had , happily , become obliterated from our customs , the cognate idea that it was no compromise another
of the dignity of orie gentleman to accept from who had insulted him , — -it might be without , an . intention to insult , without premeditation , —a full , frank , and gentlemanly apology , tad not departed from among us . Howev § JV a- ' man ' s honour must always be in . his own hands , aiid therefore he could not presume to blame Mr . Mather that lie 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 fife to accept this apology , arid he had refused , further ; to seek Bis 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 MaiiMESbttbt then narrated how Mr . Mather had , ' Vuninvited , '' looked in at the Foreign Office ... to consult with bis 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 no 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 Mafmesbury , " did not object to this course , " but only asked for time to consult his . friends .
Then , leaving the story of his negotiations with Mr . Mather entirely ^ Lord Maimesbtjet 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 Maxmesbttey , I could riot call in the Queen ' s 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 Malmesbtoy . —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 aii English jury would have given Mr . Mather for the " personal detriment , " as national honour was not at all involved . " There was one point in which he freely admitted that he had been to blame . On Saturday , the 27 th , after receiving what ho then considered tho final despatch , settling tho wnole question—not satisfactorily , indeed , but still sottling itas he imagined—ho hod sent off a despatch ,
, without opening another despatch which had meantime arrived , and which had a material bearing on the subject . Ho admit ted his fault in this one instance , and tho only palliation ho could offer was tho enormous masa-of business pressing upon him in all shapes and from all quarters . When he mentioned that , in tho course of tho year , 33 , 000 dospatchos , without reckoning their inclosures , passed to and from tho Foreign-ofiico , it might ; afford somo oxcuso for tho accident that ho had delayed till tho Monday to open this dospatch , coming on tho Saturday . ( Hear , hear . ) " . _
Lord Campbell dofonded Mr . Scarlett ' s share in tho transaction , and contended that he had not acted contrary to his instructions ; that it was loft to his discretion as to what sum of rnonej ho could got ; and that ho had not , as had been assorted , surrendered tho principle of Tuscan responsibility . Tho Earl of Aberdeen felt that thovo was no national difference in tho question at issue ; but that reparation for tho personal damage should have rather been sought from Austria than from Tuscany . As to insisting on the independence of Tuscany , that would not alter existing facts , seeing that tho Austrian forco
was not undor Tuscan jurisdiction—in relation to us , Tuscany was just as independent except in so far as tfyo Austrian forco was concerned . Ho would not enter into , but ho condemned , the Austrian military code ; but bo contended that tho officor , who bud only obeyed that code in cutting down Mr . Mathor , could not bo blamed . Reparation woa , however , Btijl duo , and tho Austrians appeared to think bo ; but after tho oxpresflions of regret from Prince Schwnrzenborg and I ' rinco Licbtonstein , a national affront was out of tho question . Tho Earl of Aberdeen did not blame , nor did be praise , tho Government , but bo damaged them by bis diplomatic way of stating tho cauo . Ho plwcod Lord
Malmeli j || ; j n & , | ilemma : " Either / ' said he , "the noble earl nius I $ ow claim a larger # um , after ac « quiescing in € ha | u bff ( lrea ^ r he must insist on Tuscany aekno ^ edgii ^^ r . resnc > hsibility---aiid he could not expect , to conVm ^ j her fhat such was the case . " Upon the topic o ? Italian Independence he was close and suspiciousi—• .. ¦ ' ¦ : > i - .: » < t Aifor w ; Kat . Bit ^ peeii said of . the state of Italy and occupa ^ bf parts of i $ by Austrian forces , no one could regret nipre than himself the necessity , or supposed necessity , of that occupation j and noone wouldShe more de " lighted to see tlie , time when those forces could be with " drawn , and withdrcDion toith safety ; but it was a eWiuW supposition that had been suggested , that Austria enrm .
raged these Governments to do all that was t yrannical monstrous , and unjust , in order that she might have the credit of her own provinces bemewell governed in compa rison . 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 imagine that any Government in its senses could take such a course . ( Hear hear . ) The Austrian occupation of Tuscany was ve ' much to be regretted ; but we must remember the Roman territory was occupied by the Freiichfirst ; -and Hei ( the Earl of Aberdeen ) Bupposed ( though lie did not know on what conditions the French occupied Itbine ) that they also ted frdm Boman tribunals aiid
were exemp . ihdependent of 'them . ( A noble lord made some remark . ) Yes rioininally , there was the Sta % of siege . Tliey were iridependent of the Roman tribunals . ( Hear , hear . )" Lord Gbanviiode ihade a long speech , referring almost wholly to his own . conduct in the Mather affair . He said be directed Mr . Scarlett to apply to the Tuscan Government for reparation , as it would have l > eeu a positive insult to the Grand Duke to have passed him over in applying for redress , and thus gratuitously pointing out his dependent position to the world . Lord Debbt held that from ^ first to last there could be no question of national insult or national indignity The officer did not even know that Mr . Mather was an
Englishman . The assault was a most brutal and unjustifiable outrage , but it was not an attack tupon our national honour . He thought that Mr . Scarlett had made that whicfe should have been a personal matter into an international grievance .. Austria had tendered an ample apology , which Mr . Matliey had rejected tc in the = most contunielious" manner , '' and demanded from tho Tuscan Government punishment of the bffehder . But the Austrian army bad been placed beyond its
jurisdiction by a secret treaty , a treaty we could not recognise ; nor could we recognise tho presence of the Austrian army except as a force in Tusciuv employ . Now , we had full rigbt to demand reparation for a British subject from tbe Tuscan government , but , said lie , " 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 the 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 nnd an injury to a British subject . With respect to the first , we have received from the Austrian Government , and the Austrian officers concerned , tho fullest explanations and expressions of regret ; and with regard to tho second , wo have treated it throughout as a case for private reparation , which a British subject hae a right to claim and to expect . Wo also . thought that the Tuscan Government was tho only one from whom wo had a rigut } ° throu hutuw
claim that reparation . We maintained , go , principle that nations cannot be uphold m aU the prm-Ieffos of indopondonce , and at tho same time be allowed to remso to bo'liable to tho rosponsibUity of independence . ( Hear , hear . ) In as far as lay in our power , we fiavo endeavoured to obtain pecuniary reparation ior tue injury inflicted on tho individual , and an acknowledgment on tho part of Tuscany of that obligation of which wo abau novor cease to domand tho enforcement , namely , tnopru toction by tboir tribunals , or , if not , by their ^ buMtf . ¦» least by their exocutivo , of British subjects passing tlir ^" or residing in the Tuscan territories , from w hatever . W *™* they may bo iwaaulted . ( Hoar , hear . ) _ Unquestionably ,
if tlio Tuscan ( Government persist in reusing w »« r' r " plain and palpable obligation , it will bo impossible > ior » or MajeBty ' s Government to continue to treat with thorn » b an indepondont nation entitled to tho righta oi *» JJ intercourse . Consequently , although it is "fPO ^ J' ^ SS consistent with pubfio duty , wo can lay boforo the go any instructions which may have boon given r «> ° . " Buhvor , your lordshipa will find from one despatch m » papers on your lordships' table that in the event > ot tn plain duty not being recognised by Tuscany , witl ^ ever pain on our part , wo ehall bo compelled to J « JP ^ v all diplomatic relations with that country , ' ¦ \ ™*> * " , i After a littlo further discussion , Lord B ^ ° " withdrew his motion for tho production of Sir »« *
Bulwcr ' a instructions . toiiD pekby ' s educational rower . Oil tho order of tlio day for the consideration ot Consolidated Fund Appropriation Bill , * » *™ ° ' Lord John Rtjsbbli , iulfllled , on Monday , J ^ miso bo gave last week , a ^ id called tho attention o » Houfio to tho recent minute of the Committoo ol w > u *
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Citation
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Leader (1850-1860), June 26, 1852, page 2, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_26061852/page/2/
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