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    irAGMEST IS THE W0LYERHAMPT02J ^ CONSPIR...

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    The Cheat Exhibition.—The medals awarded...

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    KOSSUTH PAPERS. [The < Dail y News ' has...

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    M R £ I 9iud He Waa Most Anxious That Iv...

    Iv M jjwmm , 1851 . THE NORTHERN STAR I I :

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    Iragmest Is The W0lyerhampt02j ^ Conspir...

    irAGMEST IS THE W 0 LYERHAMPT 02 J ^ CONSPIRACY CASE . C 0 URT OF QUEEN'S BENCH .-Xov . 24 . IH E QUSEX V . E OWL A X DS ASD OTHEHS . Ttc defen dants had been tried and convicted upon jaoictuient which charged them with conspiring , 33 threat ? , intimidation , molestation , and obstrucl ' v to force the workmen in tbe emplov of the { r = Perry , tin-plate manufacturers at Wolver-: tVon , w h ' 'heir employ , and alio to prevent r 'i ' Jn from entering the same employ . The imiict-S ' vn con tained as many as twenty counts , but on a ? . Vriou = day a motion had been made by the defen-X'lt' 1 counsel to arrest the judgment , upon the * Z nui thai the indictment did not use the proper ^ p hraseology to describe an indictable offence , rfer also movedf .-ranew trial upon the ground . fjiisdire . tiou , and that evidence had been im--rfperlv received . The Court had taken time to £ « : der the questions . 7 j , e Attorsiey-Ceneral , Mr . Whatelv , Q . C , Mr . SfJOM Q- C-, Mr . Peacock , ( J . C ., . Mr . Siunner

    ' , ¦ \ ] r . Tjuga an , Air . Parry , Air . Macnamara , and ijr i-wnnee , appeared for the resj ectivedefrn-^ ns ; ilr . Sergeant Allen , Air . lluddlestone , and 3 J-. keltic , appeared for the Crown . j ] ord CAMrBELLnowsaid , hehad kadsnopportunity f conferring with Mr . Justice Coleridge as well as Fiiu tbe juJsres now present upon the questions reared , and they all took tho same view of the case . } = - to some of iho counts , viz ., the 10 th , 17 th , * nd l : Hli , it had been objected that they were too vague . lfitaout pronouncing any opinion upon that question , the Court would grant a rule nisi to arrest tie judgment upon those counts , unless the counsel taJ appeared for the prosecution should be willing jo eater a nolle yroserjtd as to those counts . This course would probably be assented to . As to the TBDiion for a new trial on the ground of misdirection and the want of proper evidence no ground had free inid for granting such a . rule as io any of the defendants except Henry Rowlands and Thomas

    ffaners . As to those two defendants there was sine evidence ; but Air . Justice Erie , who presided a ; ilie trial , said he would hare been hotter pleased If the verdict had been in their favour , and that he jail rather summed up to tbat effect , and told the pry that the case of those two was distinguiahaule / rani that of the other defendants . With regard to tlosetwo , therefore , there would be a rule to show csnse ; and if the rale for a new trial , as to lllOS 6 : * o defendants , should be made absolute , that would be followed b y a new trial as to ail the defendants . Ue ( Lard Campbell ) would therefore throw

    oat for the consideration of the counsel for the prosecution , that as the evidence asair . st those two defendants was but slight , it would be better to jlloiv a nolle prosequi as to them , and allow jud" - B « it to be signed against the other defendant * . If that course were followed he ( Lord Campbell ) thought the ends of public justice would be s-atissed . Ho would suggest that a nolle }> rcsequi should Lb entered as to all the dcJcndants upon the 16 th , 17 th , and 19 th counts , and : i nolle pr- sequi upon all tie counts as to the two defendants Rowlands and Winters .

    Mr . Sergeant Allex , on the part of the Crown , assented to the suggestion made by the Court . Lord Campbell . —That being so , the Court were of opinion that there ought to be no rule to arrest ie j udgment , or for a new trial . An objection had iwa made to the other counts , that the means by which the molestation was effected had not been Stout . That , however , was not necessary to be cone . The counts had been framed upon the act ( if Parliament ; the words used by the Legislature fcsd been employed—words upon which a legislative Eeaninghad been stamped ; so that the enactment bd been complied with . There might he a distinction in construing an indictment and a

    conviction ior the offence , but . this was an indictment for a conspiracy at common Jaw , and it was enough » use tho words employed by the Legislature . " It ras clear , therefore , that no ground had been stated for arresting the judgment , nor had there ken any misdirection in point of Jaw . Air . Justice Irle gave his sanction to the Jaw as laid down b y the defendants' counsel , that it was tbe right of the defendants , as English workmen , to make the lest of their labour , and to refuse to work unless the ttrras upon which they were invited to work were satisfactory . As to the six defendants , therefore . liere was no ground for a new trial , there being saiple evidence against them upon all the count * .

    Air . Sergeant Allen then prayed the judgment of ibo Court upon these six defendants . Air . Pabrt said he appeared en behalf of two of these parties ( William Peel and Frederick Green J . and objected to the course taken by the counsel for the prosecution . The course taken amounted loan admission that there was not sufficient evidence tocunvicttbe two parties with respect to whom a Smlt prosequi had been entered . The evidence against those two had , nevertheless , gone to the jury as against all the defendants . Lord Campbell said no injustice had been done the defendants . They were in precisel y the same ftate as if the two defendants Rowlands and Winters had been acquitted by the jury . That would have been no ground for a new trial .

    Mr . Justice Patxesox said the evidence had been properl y admitted , though , it was not enough to convict . Air Justice Ehle said the evidence admitted JUpinsfc tha two defendants was of a different descri ption from that which affected the others . Lord Campbell asked if there were any affidavits ? While these were being got ready , Lord Cami-bell observed , that " the Court had cartfally examined all the authorities which had leen cited . As to Turner ' s case ( 9 Q . B . ) he could tOtunderstaudhowitcouldhave been decided thata COnspiraoy to go out in the ni ghthne armed with offensive weapons was not an indictable offence . That case was not law . Several affidavits were then read in mitigation of punishment .

    Air . Whatelt , Q . C ., on the part of the defendant Charles Piatt , addressed the Court in mitigation of punishment , and observed that the object of the working tinmen at Wolverhampton -was to obtain tfle general adoption of a booit of prices . They liad combined to obtain such a book , and in so doing % y had committed no crime . The defendant Piatt believed he Imd a full right to persuade all whom he could , by peaceable and lawful means , to leave the prosecutor ' s employ . It did not appear njitoi the evidence that he had used any threats , or intimidation , or violence of any kind . The learned counsel contended that it was no more a crime for working uicn to combine for raising their wages than for the ironmasters of Staffordshire to agree

    upon what price they would have for their iron . Under those circumstances , he ( tho learned coun-&'•) hoped the Court would consider that the sli ghtest punishment would answer the justice of the case . -Mr . Keating . Q . C ., on the part of the defendants George DutMd , Thomas Woodnorth , and « o ' un ( iauut , said the object which the workmen originall y sought io obtain was tbe adoption , by the Me .-srs . Perry and tome other manufacturers of tbe same book of prices as had already for some time been acted upon by thoso manufacturers ai "N olverkampton who einploved the greatest number of Workmen . Air . Perry had himself admitted at

    the trial that the adoption of that book of prices would not have materially altered the rates which he was previousl y paying , and niishfc have had the effect of even lowering those rates . He also regretted that , in the first instance , Mr . Perry bad oncouraged the workmen to expect that he woui-1 agree to adopt the proposed book , aud bad confessed that lie did that in order to gain time until he ¦ W IS in a position to hid th ^ . - » dsfiance . If tie oujoct had been carried out by legal means , he submitted tbat the object itself was not unreasonable . At the same time , he could not justify the taking away hire ! workmen from theiremploy . Ti ; at v / a « aa illegal net , and he was bound to admit tbat there

    was evidence to go to the jury iu support of those counts . As to the evidence of intimidation , that was of the sli g htest description . ! No actual violence had been committed . 2 Jo blow had been struck or threatened . Ia one case , a ju-rson had been told that it would be worse for L : m if he did not comply , bat that was capable of an explanation . The learned counsel called the attention of the Court to the fact that the lhree defendants for whom Le appeared had been employed by the same masters ior inanv vears , and had borne good characters , and he hoped the Court wouiJ take these facts into considera tion in awarding punishment .

    Mr . pAKRT i oa tw , p art of William Peel and Frederick Green , said the defendan ts declared thai they never intended to make use of iiitim ' waiion <* threats , or violence of anv kind , or to adopt any «« gal means to effect their objects . When they ^ ent to Wolverhampton , ia April , tbey said to Air . lerry tbatthev onlvcame as mediators ; and froni tbat time down to the end of June Mr . Peiry led w « n to believe that he was sincere in his desire to come to an arrangement . At the trial he admitted that he was deceiving them in order to gain time .

    it was therefore not to be wondered at if , when lit ' tjrew off the mask , the meuhecame irritated , and •< ra-e tempted to commit illegal acts which they never contemplated at the commencement . The Ceiendanis for whom he appeared disclaimed having mSS ^ v * in ace hireu « rvants to leave their they had gone before the Mayor of Wolverhampton and got his sanction for saving that such conduct SS & XiSSSS" ^ £ ome wh 0 had

    } , «„ i CAMPBEIi inquired , whether it appeared JSw & T " ™ 1 aud de ! e ? a , es « f ^ e National -associat ion were remunerated ? theAssSon ^ tLey rSCeived S 63 'a-ek from

    Iragmest Is The W0lyerhampt02j ^ Conspir...

    w-j £ i T ^ 9 iU - waa most anxious that workmen Should have It in their power to make the moat of their work , but he looked with alarm at i ^ London " * ati ° Associ * <>» sitting Mr AIacnamara , on the sameside with Mr . Pary said he object tf the Association was to protect the rights of the working classes , to act unitedly to col ect funds from the working classes throughout the country , to prevent strikes , and settle disputes by arbitration and mediation . The society was presidr-d over by a member of parliament - and no complaint had hitherto been made of it Union was as important to workmen as to master ^ Lord Campbkll . _ I it considered necesVary to have a National Association , with funds collected all over the kiiiffdom ? Lord Cun «« i said he was most anxious that

    Mr . Macxauaka . —The workmen subscribed Hd a week out of their wages , and that money was again distributed among them when out of employ In this case tbey had offered to refer the matter to the arbitration of the Mayor and late Mayor of Violverhampton , acting with Ur . Burton , a tin manufacturer in London . . Led CAMr-BELL . _ And that offer was made hy the delegates i J -Mr . AIacnamara . —They did not interfere till thev were invited do so by the Tinmen ' s . Association at U olverhampton , a branch of the National Association Mr . Sergeant Allen ( with whom was Mr . Huddlestone ) then argued in aggravation of punishment , and 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 Lordshi ps having conferred together for some minutes , Air . Justice Pattssox . the senior puisne judge , protounced sentence . His Lordship called upon the defendants , William Pec-1 , Frederick Green , Charles Piatt , George Duffieid , Thomas Woodnorth , and John Gaunt , who appeared accordingl y . After some preliminary observations , his Lords-hi p said : The object of the Legislatuie was , that all masters and workmen should be left free in the conduct of their business . The masters were nt liberty to give what rate of wages they liked , and to agree among themselves for what wages thev 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 tbat 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 Gth George IV ., sec . 3 , that if any person should hy violence , threats , intimidation , molesting , or obstructing another , force , or endeavour to force , any workman to depart from his employ , or prevent him from accepting employuient , & c , he should be liable to imprisonment for three calendar months . Most of the charges contained in the indictment referred to this Act of Parliament , 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 in the combination to raise their wages , hut in the use of threats , intimidation , molestation , and obstruction . In the indictment tbere 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 whkh was to protect its members in asserting their rights against their masters . IIow far that might be a Jctral 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 seemed , however , that such an association , supported by large funds , was of a dangerous character , and mi >» ht lie used for bad and dangerous purposes , lie ( Mr . Justice Patteson ) did not say that'the association had been used for bad purposes ; hut that it might he so used . Nothing could be said in favour of those two defendants , who had gone down into ilie country to interfere between the prosecutors and their workmen . It would have been

    much better if the parties bad 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 . Wien parties entered into such combinations with the intention of keeping only just within the law , there was great danger that some 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 ware

    deeply concerned in the conspiracy . It had been said , that no threats or intimidation had been used ; but the use of express words 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 stop the supplies , and they would not have a single hand upon their works . " That mig ht be construed as a threat , even hv 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 bo punishable summarily by three calendar months' imprisonment . But this was an indictment at common law upon the statute , aud 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 ; hut , thoug h they were not at all restricted by the act , would not visit the offence with greater severiiv than it properly deserved . lie ( Air . Justice Patteson ) trusted the case 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 tlie indictment , except the 16 th , 17 th , and 19 th , William Peel , Frederick Green , George Duffieid , Thomas Woodnorth , and John Gaunt should be imprisoned in the gaol at Stafford for three calendar months : and Charles Piatt for one

    calendar month . Air . Pakrt made an application that the Court would order that the defendants should not be set to bard labour . Lord diircEtt declined to make any such order . That was a matter for the justices . A nominal fine of Is . was then imposed upon the defendants upon another indictment ; and , upon an jipplieaiion being made that those of the defendants who lived in Louden should not be sent to St-iii ' ord ,

    Lord Campbell refused the application , saying that he thought tlie ends of justice would be best answered bv imprisonment in that part of the coui .-trv in which tie i-ilence was committed .

    The Cheat Exhibition.—The Medals Awarded...

    The Cheat Exhibition . —The medals awarded to tho French exhibitors were sent to Paris oh Fnd-iv w ' : ere they are lo be distributed amongst the stressful competitors . The number of honorary distinctions of all kinds awarded was o , VSi , ol which ° 039 were given to Uritish , and 3 , L > oi to lore !" . ' ! exhibitors , whil .-t the space occupied was in the proportion of three-Mhs for British and twofifths for foreign goods . Of the ICC council medals awarded , 87 went to foreign exhibitors , and iJ to British . The " prize medals" were given in the ratio of 1 , 214 to British , and 1 , 032 to foreign , and tho honourable mentions wore as 710 British to 1 , 320 foreign . A large proportion of the foreign distinctions were , as is known , borne awa y b y the French ; but it must be recollected they were the most numerous of the foreign exhibitors . It ia a curious and significant fact that SS out of Ibb council medals were awarded for machinery alone ,

    in which , and manufactures in metal , glass , and porcelain , the British exhibitors gained more prizvs 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 iu the fine arts aud fabrics requiring taste and delicate manipulation in their construction , they have been greatly excelled in the production of those important manufactures which constitute the main sources of our national prosperity and wealth . Amoxg tbe 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 Invention manufactured by Mr . Gray , of Cork-street , by means of which tbe less of a leg is supplied by mechanical means , isamongt the most in » euious contrivances to alleviate human suftvrjn ° The excellent mode adopted by Air . Gray , of 'Sttinfth e mutilated . limb in the socket , is a feature of " vast importance , and unless this be effectu-illv done , great torture and inconvenience must c-n ' sue to the wearer , who will otherwise want freedom of action , and the necessary lightness and strength . The substitute for the tender Achilles , is a pplied in a most ingenious manner , and it is much to be regretted that it was not exhibited itbe Crvstal Palace . The gallant Ma . quis t f Anelesev has worn these improved legs , manufactured bv ' Mr . Gray , for very many years .

    Kossuth Papers. [The < Dail Y News ' Has...

    KOSSUTH PAPERS . [ The < Dail y News ' has been favoured with some documents prepared b y M . Kossuth , in illustration of his views upon Hungarian politics , hitherto unpublished . Tho following L P ° , ! , tallt P » per , which embraces the views of M . Kosuthon the future government of Hungary , written whilst the illustrious exile was detained iu Turkey , will uo doubt be read with interest . ! ¦

    8 RY 0 P THE PRINCIPLES OF THE fU lUKE POLITICAL OKGAA'ISATION OF IIU 1 » GARY . The example of the French Republic furnishes the most triumphant proof of the argument I have all r .. y life supported : namel y , that the enunciation of the sovereignty of the people is insufficient to guarantee either the ri ghts of individuals or the liberty of the people , when the power of government is too great , and when an assembly , though issued from universal suffrage , becomes constituted mto the sole organ of that sovereignty—that

    assembly being clothed with legislative omnipotence , and at the same time forming tho sole legal barrier against tbe encroachments of government " upon the ri ghts of individual and political liberty . We have seen a President of the French Republic issued from universal suffrage , acting with impunity against the honour , dignitv and liberty of his country . "We have seen a Legislative Assembly , issued also from universal suffrage , abolL-hing by its own decree that very universal 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 dc struction ol every guarantee , the fal > iB ' eation and perversion of every democratic institution , but we have seen the republic become a lie , and its nominal existence questioned—so that republican sentiments 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-as to render applicable these words of Moore , deploring the fate of his country ,

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

    Do you think that a government and r > n omnipotent assembly will not abuse this omnipotence , possessing as it does a numerous and powerful army sutiject 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 ofdissolving the national guard and placing the country in a state of siege ? Do you think all this power will not be abused ? Why , it would be contrary to human psychology ; and in order to succeed you should have nothing less than a nation of 'VVashingtons . These Washingtpns are very rare , be it said .

    Yet it may be tbat this fatal tendency to centralisation , flowing from the unquenchable source of traditional sentimtnts , is part of the character of the French nation , which may , therefore , be more to be pitied than blamed , for tho heart of nations like that of man may well break though it changes 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 tbe happiness of complete democracy—I hate centralisation of power . I hate the pretention to omnipoience of either government or legislature . I shall lend no hand to burden ray country with such institutions , which I consider absolutely contrary to the rig hts of man , that ought not to be absorbed by the state , and contrary to political liberty , which cannot be combined with a centralisation diametrically opposed in its natural direction to liberty .

    I would have these rig hts and that liberty free from the encroachments of authority . Therefore , here is the sketch of the principles of the political organisation wliisb 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 a 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 the sole organ of that sovereignty , except in so far as the common affairs of the whole state arc concerned . ; Man , as regardshis individual rights—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 famil y 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 . Alen must he free in their individual rights , free in their domestic affairs , free in the affairs of their communes , free in tho affairs of the departments . The rig hts of man cannot be subject to the will or p leasure of the family , tho commune , the department , or the state ; on the contrary , t ! -: ey must

    5 ud support and protection against the tyranny ol the family in the commune ; against that of the 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 rig ht of refusal on the part of tho commune and 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 rig ht of each man , each family , each commune , and each department , to complain and demand punishment or damages from functionaries before tho tribunals constituted

    bylaw . The liberty that I declare inherent in man , I declare inherent also in the family , the commune , and the department . To me political liberty is insufficient when confined to that homoeopathic dose of it that consists in the g iving of my vote periodically amongst the millions of votes of my fellow citizens at an election . I want al ? o to e ' r . yiy individual liberty , and to exercise a continual influence on my own communal and departmental affair ? . Thus : the individual rights of man ( which arc to be enumerated in tbe constitution ) do not belong to the legislation of the state . Amidst these lights may be mentioned , amongst others , freedom of thought ( the press , ) freedom of creed ( religion , ) and freedom of association . In mv opinion it is an inalienable right in m . ' . n to associate freely for the development , support , and guarantee of his interests , whether tuoval or matt-rial .

    The men of the same creed and the same relig ion associate , and there is the church—a free and independent association , governing itself at will according to the principles of its worship and its religion . It has nothing to do with the st : ito , and thebaic nothing to do with it . Hero is liberty . There are countries where men speak different languages , and thus belong to different nationalities . ' but in which these different populations are so intermixed , that except in small sections there is no rotimied territory of such or such a nationality , which can be detached from the state to torm another , without damaging tbe rig hts of the men belong ing to other nationalities inteniiint'led . lms is the case with the Servians , Wallacks , blovacKs , and ltuthenians in Hungary . What is to be done with them ? Let them act as the men of the same cnel , who form an association ( the church ) an J direct and govern that church according to tie it

    principles of their organisation—Let t hem uo ., does the Protestant Lutheran church , to which 1 belong , in Hungary , which has its preachers and local inspectors , issued from univcrs . il suffrage , in the parish and parish assemblies ; let them have seniors and senioriat inspectors , issued irom universal suffrage in tho seuiorato and senioriai assemblies ; superintendents and district , inspectors , issued from universal suffrage in the district , and district assemblies , and finally a supreme court , consisting of a general convention meeting annually , or oftener , in which each member ot mat chureli may vote , and whose president ia the inspector-general also issuing from the universal suffrage of all . Such is an organisation emir , cni ) y free aud democratic . In such a manner as I have

    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 own will—the Serbians calling the latter a voyvode , and the Wallachians a hospodar . These may , according as they desire , unite to 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 wh : ch is 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 , and the

    Kossuth Papers. [The < Dail Y News ' Has...

    state nothing to do wt ft it . Here again is liberty nK « f „ . ; ° ' " . ° cial nationality guaranteed by liberty of association frl ^ fe" , ' comniune : the commune ia Sr ? H nJepe , 1 ( lent i ! l the exercise of communal attains tlie management of which is based on the ln !! ni „ f 1 princi p , eof universal suffrage belonging to all in the commune . The consti tution defines the conditions under Which an aggregation of families is to form a com" ? " ' ' , Jt ''"cognises the inviolability and uiialtfiabill y of universal suff ^ e , and t | , right of elector , to dismiss any functionary of their pmions

    own choice . Beyond this , however , neither department , nor government , nor legislature has the power to ??!„ . „« i tLoman » g ™ ient of communal affairs , ^ onstquentiy , each commune determines of its own tree will m what language it shall bo administered it draws up its reports , correspondence , and petitions to the department , the government , or the legislature in the language which it mav have chosen tor the commmvil administration ; and it receives replies from tlie departments , or from the government through the departments , in tho dame language . Thus yon have nationality in the

    commune . But the constitution guarantees to the minoritv tbs right of complaining , or addressing demands To the commune , and pleading its cause before the tribunals in its own language ; . or of forming itself mto a separate commune , if it comprises within itsell what the constitution orders for the formation Of a commune . Thus you provide for the protectlon of the minority against tho oppression of the majority . Amongst the conditions indispensable for the Constitution Of a commune is the establishment o ! 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 to is secured the development of nationality in the commune .

    Hut liberty of education is guaranteed by tho constitution ; the minority of the commune of the associations ( as , for instance , the 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 tho right Of profiting by every school . Here , again , is a guarantee of individual rights and of those of the minority . In the matters appertaining to primary schools of communes , tho department , government , or legislature , have no right to interfere ; but , in 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 instruction ;( exerciseand manceuvrcs ) 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 tho government for that minimum . For this reason the government shall bo invested with the right of inspection , which it can only exercise , however , through the department .

    So much for the sovereignty in tho commune as regards communal affairs . But the commune and its functionaries , elected by the people in it , nro also the executors of the orders of the departments , of the decrees of the government , and of tlie laws issued fronVtho legislature of the country in matters reserved to the department , the government and the legislature . Here is real democracy . The people make laws , the 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 tho government . This is for tho efficacy of government .

    Hut tho government cannot place itself in immediate contact with the communes , nor can it send them orders except through the respective departments whose rights are about to be defined . So muclijt ' or the barrier that protects the commune from the oppression of government . Passing on to the departments : The legislature defines tho departments into which tho country is to bo sub-divided . This delimitation shall be made as far as geographical conditions permit , with due regard to the different nationalities , in order that the inhabitants speaking the same language may , as much as possible , be united iti tlie same department . For the administration of departmental affairs , tho same principles shall be applied that I have established for those of the commune .

    The department is to bo composed of tbe representatives of the commune ? , always liable to dismissal ; elected periodically by universal suffrage of the people in tbe communes . Tlie departmental assembly , in its first sitting after election , decides by majority what language is to be . used for the administration of tlie department during the period that it is lo last . It will correspond with the government m that language , and will receive answers from the government also in that language . So much for political nationalit y inthedep'rtnients . But the minority has the right lo speak its language in these assemblies , and each individual has the same ri ght for his petitions to the assembly and the functionaries , and before the tribunals ot " the departments ,

    The departmental assembly periodically elects its functionaries for the administration ot tlie department , who receive tbe instructions of the assembly , and are responsible to it . The government sends its orders as regards the matters reserved to the government , and the laws to be executed in the communes , to the depaitmental assemblies . The people , therefore , is still the direct organ of the executive power . These assemblies can never discuss the opportuneness or fitness of tho 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 in case of disobedience arraign them before the hi g h court of justice .

    The only question in respect of these orders which may bo discussed by these assemblies is that of deciding whether tho government has not assumed an unconstitutional power , by encroaching on some individual right of man or on the powers reserved to tho communes and departments . It " the majority of the assembl y votes tho unconstitutionality of a government order , it may remonstrate with the government by suspending its execution . If tho government insists , tho execution must , proceed , but iu case of a supposed mistake in the interpretation , the departmental ; issombly shall obtain the decision of the legislative assembly . In case of a supposed violation , it shall complain against the government before tho high court of justice .

    So also each individual , or each commune that may consider themselves damaged in their rights by the ' decrees of departments , may , after conforming 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 tho language which shall be determined on by the department . So much for the development of nationality in the department . The law shall fix the minimum of instruction in these schools ; and the respective functionaries ol the departments shall bo responsible to tho government for this minimum .

    The minority , tho associations , all citixens in fact , have the sumo right reserved to them for tho formation of similir 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 the country , and the public functionaries of its appointment , ave not eligible , either as representatives ov senators , unless they resign their functions ; and every representative or senator accepting an office is supposed by that stop alone to g ive in his re .-iign .-itioii as member of tho legislative assembly . The government may , nevertheless , send its members or its functionaries to tho assembly togive explanations or make communications , Ic is obliged to do so il the assembiy desires it . Representatives and 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 the departments , shall be taken cognisance of by the senate . ¦ The legislative assembly is the organ of the sovereignty of the people , as regards all matters which do not appertain to the fundamental ri g hts of individuals of the family , of the communes , and of the departments . For these rights aie eternal and inviolable , and are the birthrig ht of all posterity . Therefore all that is essential to the sovereignty of the immortal people is subject neither to the legislature nor to the arbitrary will of a generation .

    As a supreme guarantee of these fundamental rights , a hi gh court of justice shall be established to pronounce on the constitutionality of the laws decreed by the legislative assembly . The chief of tbe executive power charged with the publication of the laws cannot proceed to that publication before the High Court has pronounced whether the 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 Haglt judgment rests must be stated in

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    their decree , and tht ~ law is A ? facto annulled , and shall be sent back without being published to the legislative assembly . The members of the High Court shall be a > pointed by the senate . They are irremovable , an even should they resign , they cannot afterwards hold any other plaee subject tu government appointment . Ic is needless to state that the legislative assembly , as h . is been said with regard to the commune and the department , shall also have to determinthe lailguuae in which the proceedings are to be care ried on . But the promulgation ot laws shall take place in all the languages adopted by the divers communes of the country . Finally , us regards the government :

    After the limits of its power have been'defined , and guarantees established against abuse of authority , tbere is n >> danger in concentrating ilie executive power in the hands of one chief , or in those of a triumvirate or committee ; provided in case one chief is chosen , be is elected atonceby universal .-uffrige , aud in case a committee is selected , that it should be appointed by the legislative Assembly ; provided also , at all events , that the committee be renewed periodically , and that any citizen , commune , or depa" ! ment , has the right to arraign the chief of the executive power , before the High Court of Justice , on account of abuse of power ; and if the High Court finds that the constitution has been vioUtud , he shad h » considered as fallen , and he no longer reeii » ible . One of the principal guarantees aiiainst abuse of authority by the chiel of the executive power is this ; that the organs of the ci « il administration of the executive power are not functionaries appointed by the government , but elected by the communes and the departments .

    And in order that there may be no doubt as to tho applicaiion of responsibility , that false principle which says that tho countersigning of a inini . 4 or covers the responsibility of the chief of the executing power , shall not be admitted in tbe constitution of Hungary , but that principle shall prevail which says that those alone are responsible for an order who sign it . It will be seen by this exposition that the government will have sufficient power to cause tho laws to be exeouted 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 the government , which will have sufficient power to see that the communes and the departments fulfil their duties to tho country , but none to molest them in their municipal autonomy .

    It will he able to perform its duties with efficacy , because it will not be subject to that fatal malady of " governing too much , " nothing being within its duties but what is reserved to tho whole state . This is what may easily be conceived by the superposition of attributes of the divers portions of the administration of the country . For instance , as regards modes of communication : parish roads are a portion of tho administration of the communes . Departmental roads a portion of that of the department , whilst the great arteries of communication belong to the legislature and the government . The departments shall watch that tho communes do their duty , and the communal functionaries shall be responsible ; tho government shall watch that tho departments do 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 tho departments ; whilst the superior schools , as academies and universities , are under the ndministration of the legislature and the government . As vegiwda th « armed force . It shall consist principally of the Rational Guard . Every elector is , during a certain period of his life , called upon to act in ttiis capacity . Tho 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 tbe commune ; the departments shall appoint the commandants of the National Guards of tho several united communes

    as well as the departmental commandant ; the government shall appoint the district commandants and the commandcr-m-chici ; tbe communal authority disposes of the employment of the National Guard in the commune , the department of that in the department , and the government , disposes of it for the interest of the whole country , or ou the requisition of a department in case its own forces should be insufficient . All faults , excesses , or disobedience shall be- punished according to tho law and regulations , but no National Guard shall bo dissolved or disarmed except in case of revolt . The principal armed force destined to the defence of tho country being thus formed by the national guard , the state will not bo overburdened by the support of a numerous standing army .

    The skeletons of coips , and necessary number for Sarrisoninij fortresses , shall alone bo kept up permanently f this 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 c . ise of war , the contingents of each department shall be united in battalions and regiments , dejigrmted according to the name of the divers department sand nationalities . Thus there will be a Magyar battalion , or Wallachian , Servian , or Siovack hatlalions , according to the department of each , The national costume .-hall be provided by each department , and the battalions will remain in this ref-pect iu constant relation with their departments .

    All this again is to preserve and elevate the national sentiment . The honour duo to the bravery of a battalion shall not be 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 aduiini > . tration of justice ; civil tribunals , and u correctional communal police shall be formed . Civil and commercial departmental tribunals shall also be formed , for tho administration of penal justice by each department , founded on the principle of the jury , There shall be no exceptional tribunals . Tuc departmental assembly shall form the grand jury , which will pronounce , if necessary , according to a penal procedure . Besides , there will be courts of appeal , and a court of cassation ; finally , for complaints against public functionaries , and for the guarantee of constitutional rights against tbe encroachments of the legislature , there will bo tlio high court of justice .

    On such a superposition of attributions reserved to Die communes , the departments the slate , and its functionaries—on tliafc direct participation ot t ! -ie people in all the branches of the public 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 , I would found thojolitieal organisation of my country . I consider this organisation eminently democratic , h is even more so than the political institutions of the United . States of America ; and , happily , in die eyes of Hungary , such an organisation will not partake of the character ol a theoretical novelty , an innovation frig htening moro than it could benefit ; on the contrary it will spring , with so much vitality from the traditional character and sentiments of Hungary that it will be hailed hy the entire nation as an ancient friend purified from error aud released from weakness aid defects .

    None but tho party zealots of authority—those blasphemers who vainly fancy themselves , called to play the tutors of nations whom they would gladly cuiiilumn to everlasting minority—thovo Are- none hut those who can have a word to utter against these ideas . But their displeaswo ^ vere an honour rather than a discredit . They would found the social statu upon authority . I would rather soe established on liberty . 1 am not of the number of those rash innovators who would upset all that they find existing for the sake of inventing something new . I have

    arrived at a period of life at which illusions pass away and tho passions are calmed by age and the discipline of sorrow . I have experienced much . 1 sought out the causes of the 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 , tbat nothing but the principle of liberty , revered and obeyed above 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 is always simple as the great laws of nature herself . Here then 1 pause . I believe Uiat such an organisation , founded on liberty , is capable of giving to Hungary sufficient force to repel in future all danger with which it could 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 tbe 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 a fusion of the boundaries of my own aud other countries , but an association having for its only end united action against exterior » . grcssion .

    The question ot nationalities is the apple of discord which the cabinet of St . Petersbugh bat thro in the midst of nations in order to draw them under its all-disposing protection . Passions so ready to sacrifice true interests and even liberty itself to tho \ anity of their illusions—passions excited by violent men , venal or else ambitioushave sown the seeds of hatred where love and fra-

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    ternity ought to spring , and of these the sacrilegi ous nature of Austria has availed itself to divido those popular forces which , united in the love of iberty , would have overturned her ; and thus she has excited raeo to rise against race , in order that , in tbe end , she might deceive and oppres I do not believe that the progress of humanity , which is onl y possible by liberty , has gained any . thing b y these rivalries . I do not sec the question of nationality raised in t . ie united States 0 f America- , ou the contrary , I j-ee different populations united bv tho principle of liberty , and hence I see them great—free—happy To me this is interes ting . Out Of liberty there is no s .-i I ration .

    Iu Lurope the question of nationality has been thrust into the foreground , and liberty will Ion " feel the effects of this mistake . It is disastrous *! Nevertheless , wo must take the question of race as we find it . It is there , and it must have a solution . I have already given one . let it then be remembered that iu Hungary we have not lo do whh natioiialitio- ; gathered out and established on separated territories , but with populations of many races , inbabitin . !! one and tbe same country , in which they live intermingled ono with another , in such a manner that no marking out of territorial nationality would be possible . Under such circumstances there is no conceivable settlement of iho question other than that which I have j ; iven . IIo who desires more would oppress my nation : o the profit of bis ; and he who aska not to oppress anoti . er should not permit another to opi re .-s him .

    I hold nationality in great account : 1 would ho at any pains to be just , and I earnestl y seek tie means of guarding every susceptibility of this sentiment . 1 woul- grant all to nationality within the state , but I would make no concession whatever to those unreasonable demands which involve the sacrifice of tho state ' s existence . Such a sacrifice were death . A state may submit to death , but it docs not comuiitsuicide , ' if a future be possible . Thus far am I , and thus far arc my fiionds—I will add , thus far is my country—ready to sacrifice all but the existence and the assured future of my country , for the settlement Of tho question Of « a « tionality .

    As to Croatia and Sclavonia , if tbey will all themselves with us to combat Austria , and reconquer our common independency . I declare that , although for eight centuries these countries have belonged to the crown of Hungary , wo arc ready to renounce tbem and to recognise their independence as sovereign states , only adding to that recognition somejust demands , in nowise affecting the question of independence . And why do I say that we aro ready to make such a sacrifice ? Because Croatia and Sclavonia havo a circumscribed territory , geographically defined by tbe Adriatic Sea , the " l ) rave , tho Save , and the-Danube ; because the inhabitants of this well-defined territory form a homogeneous national population , unmixed with Hungarians ( there arc but three or four Hungarian villages whoso inhabitants , if they desired it , could be transferred ); and , lastly , because the Croats and Sclavonians settled on this

    territory are a nation , just as are the Serbs m Servia and the Wallachians in Moldo-Wallachia . Thus if the Croatians and Sclavonians , bound for so many years with Hungary , desire to be independent—and would to God they were , and under his blessing!—our common independence once conquered , if they would confederate with us to guarantee our mutual security , wc should be ready to league with them ; if not , well , wo should remain each apart , but good neighbours . Without our alliance tbey could not succeed asainst Austria ; united with us . success is certain . To the recognition of their subsequent , independence wc should attach but the three following conditions :

    1 . That to the town of Fiunie , on tho Adriatic , the inhabitants of which are Italians , and belong neither by right nor affection to Croatia ( for before as well as after the revolution they always protested against incorporation with Croatia ) , shall be granted the power to constitute itself a free city ( like the Ilanse Towns ) , ov to remain united to Hungary , as it may choose . 2 . " That Croatia and Sclavonia shall adopt the system ot free trade , so that we may not find ourselves interdicted to approach the sea . 3 . That tbe fortress of Feterwardein , which from its geographical situation is neither necessary nor of any value to Sclavonia , but which , forming the key of southern Hungary , and ot tho Danube , is indis ' pensable to Hungary , may remain ours . This is all ; these granted , may Croatia ana iSclavoniii be free aud independent ' . Here , then , is what I have io say upon this question .

    Now , to speak of tho remaining populations inhabiting Hungary , and ( what is but a part of Hungary ) , Transylvania . In their regard it is not possible , physically speaking , to make such a sacrifice , because " there exists no geographically circumscribed territory , supporting a homogeneous population , such its is that of Croatia and Sclavonia . Take that part of Hungary ( Urn Baca and the Banat ) , called at present the Woywodina of Servia . According to the last Austrian census , and after all tho pains of tho government to place tho Magyars in the minority , the entire population of this part of Hungary is l . SOO lCi . Out of this number tho Serbs counted only 271 , 000 , tho Magyars 310 , 000 ( i . o ., 230 , 000 and 80 , 000 Uunyovacz . who spoalc the Servian language , but are lloinan Catholics , and refuse to be reckoned among the Serbs , against ; whom thev fouuht during the last , war , and on behalf of the Magyars ) , Genu ( uia 3 S 0 , io 0 , Wallachians 300000 various 29 , 028 ,

    , , With what reason then could any one ask that this portion of Hungary should bo detached to form a Servian province , ' when the Serbs , who are now comers , having only inhabited tho country sinco Leopold , do not make even one-fifth part of tho population ? Is this just , reasonable , or fair ? Tho same is truu of each other nationality . And who , now looking at the condition of these nationalities , not separated by geographical limits , but intermingled on the soil , can ask that the territor y of Hungary be mutilated , her geographical frontier destroyed , tho Magyars of the mixed population sacrificed , and the body of the state mutilated —the body of Hungary , a stato essential to the liberty of Europe herself .

    . „ What , then , is tho solution of this difficulty ? It is simple : 1 have already given it . This territory makes part of Hungary , and Hungarian let it remain . Hungary is not a tabula rasa : it exists . In this Hungary the Magyars ( eig ht millions , according to the late Austrian census ) make , supposing we were to take tliern but at six and a half millions , not only a relative majority as measured against each separate race , but ' also an absolute majority as compared with the body of tho other races united . Nevertheless , wo aspire not to domination , wc aspire to nothing but freedom , ( quality , brotherhood

    for all without distinction , and we say—Hungary exists and shall exist , for it has both right and living force . Hungary is a stato—wc will not permit it to bo vent and parted like the Saviour ' s garments , but wo will that tho people who inhabit be free , equal , and brethren . As for nationality , it will bo abundantly guaranteed for . all the purposes of life and social development , by liberty of association , bv political existence iu the communes , the departments , and in tho state , by the vote of the majority , and the rig hts reserved to tho minority as well as " to ouch individual . Thisthenis my solution—Liberty .

    , , I know that it has heen proposed , or rather dosigned to establish a great Danubiau confederation , composed of Hungary , Moldavia , Wallaehia , & c .: one that shall have no frontiers but for interior administration , tbe frontiers of provinces , detevmincd according to nationality . Supposing-, now , that ^ hu were tauitable in theory , it would bo impossible in practice . Let mo speak plainly . Some of these projectors have their eye upon Transylvania . They would like to seo it annexed to " jdoldo-Wallaebia , and governed

    in the Wallachian tongue according to \> a ! i ; icliian laws and customs , sending also its deputies to a Wallachian diet , anil depending on a government residing at Bucharest , Hut having thus appropriated Traiisvlvania , to make it a part of the Uaeo-Roumania which thev hope to establish , but which as vet does not exist , they would confederate iifaiiist foreign agression with Hungary . Tho duration of suclfa confederation Heaven alouo could eunrrantee . . Cast a glance on this same Transj lvania . Let us not stav to regard it as the natural frontier indispensable to the security of Hungary , nor to compute its immense natural riches , its mines ot salt , gold , silver , & c , those inexhaustible benefits of nature , which no state ever willingly abandon a to its neighbours ; but Ictus only look to the stato of the population in Transylvania , fhe population of Transvlvania is 2 , 000 , 000 . Of this number

    there are 1 , 000 , 000 lloumanlans , and 1 , 000 . 000 non-Roumanians-that is to say , from . 80 t ) UUO to 850 , 000 Hungarians , and from loO . OOO to 200 , 000 Saxons . Among the Hungarians thero aro nearly 500 , 000 Szeklers—that warlike race , tho glory of my nation , of whom from 40 , 000 to 50 , 000 aro ready at anv moment to shed their heroic blood for their country—who , thrown ou the remotest confines of my country , have defended it for a thousand years , and who ua ^ 4 h' ^ 6 ) fgkor wielding the sword with like eirefgy , ; Jhay e ; : 6 on . voi ted their savage mountains into £ > jhiling paradise \ This is the TransyljjWafvyrdch ^ tjs vPtfPo ^ t 'o cut off from Uungar /^ tliis-the / PPp ^ ai ^ W is to be ruled ( v-m ^ t ^^ lSF ^^^^ fS * , that in this countr ^ ip ( p hsi ( ilej . el WMSS " ** not as forming pafr < WmMw f ^ l ^ that it * hould % e ^ fc « Ws ^ ority of 10 , 000 miUo 15 rw ^ TO ^ % Wlr 2 , 000 , 000 . \& g $ Ml M ¦ i And yet if these W ^ % VV ¥ f . W mi & r ' mingled with other races , atfWiW thefhave > . o

• Citation
  • Northern Star (1837-1852), Nov. 29, 1851, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_29111851/page/7/