The Express.
London, England, 1849-12-11 00:00:00

THE AUSTRIAN DESPATCH TO fHE ENVOY

AT BERLIN.

[ConcludA from theKrprem of yeaterday.)

- -
Our views are confirmed by the statement made in
the name of the government, by Gen. Lieut von Itauowite, in
the sitting of the Second Chamber on the 24th October, the'
" the institution ot • premisiooal organ for the confederation
of 1815 was called for by an unquestionable right, and that,
therefore, all the members of the cowcdereion we re re•
quized, in conformity with the treaties on the subject, to
install an official power which sheet I undertake the dire c-
lion of the generel affairs of the confederation, and that the
installation of this power was as much a deeded and prim
tical as a political necessity." A more recent period, the 30th
September, on which the contention bearing that da.t was
cmelueed, furnishes still further confirmation of our amber-
times ; ter in that convention, in accordance with expressly
acknowledged principles, the whole of the members of the
confederation were invited to give in their adhesion to et.
The expression of the will of each inriividusl Stille made in
this form will thus appear as the mailitestation of the
will of all. From the above fact, then, it is clearly
' proved Out the federal constitution and the coo-
tederaloo itself were not abrogated by the dissolution
of the federal diet, which, with the consent of all 'h • 110.01.
hers of the confederation, may be replaced by a new institu-
tion representing the confederation as a whine; and this, in
accordance with the treaties on the subject, it was the they
of all members of the confederation to call into being such an
mutution ; and that, there'ore, tech individual stwe pos-
sessed the right of demanding its installation ; and that,
finally, it was possible, by the individual expression of the
will ot each, to arrive at a manifestation of the will of sll.
T 11.4 will suffice t. prove that the tederal coneti ution was
not abrogated by the dissolution of the federal diet, tied
that, therefore, the contederatisn itself cannot
be considered is dissolved. But, in order still mole
fully to confirm our views, we must refer to the
resolution of the diet of the 12th July, 1848, and to the con-
vention of the 30 h September, 1849. By that resolution
the exercise of all right& and duties belonginut to the Federal
diet was transferred, with the consent of the whole of the
revere smuts, to a provisional central power. I. is therefore
incorrect to amen that, in consequence of the dissolution ot
the Federal Diet, the confederation itself no forger possesses a
legal institutiun which can he regarded as a constitutional
organ repro stinting the will and acts of the confederation as
a whole. Such an institution had been created with the
veered consent and in accordance with the conditions of the
constitution, and was to remain in force until the de fittitive
solution of the German constitution question. Thus nothing
but the form of the organ of the confederation was changed.
If, th retore, at the time of the creation of this institution,
which was done with general approbation, no objections
were raised, surely none can arise now from the mere
form against the hitherto legal existence of this
organ and the legality of the office which it fills. It was the
unquestionable legal successor of the Federal Diet. The
douots which were raised after the dissolution of the National
As* mb'y and respecting the continuation of the central provi-
sional pewee' we have considered as well founded, and
cannot think them PO now, whea practical consequences are
sought to be deduced from them. But we have so often and
so fully dept. ined our views on this matter that if is unneces-
sary for tie to eo'er "%sin upon them. But we must remark
that it was meat assured y the duty of those who believed
thmselves bound to ream their consent to the installation e
the central power, which entered into operation on July 12,
1848, at onee to assist in the institution of a new organ of the
whole con tederatie n. The repeated declarations of his willing-
! nee to retire made by the Reicluiverweser afforded the oppor.
tensity, and the imperial eovernment have endeavoured by
arm of negotiatioes, so for as it was in their power, to
bring a solution which she uld be speedy and in the inte-
rest of ell, by the creation of a new provisional central
power. The correspondence which ensued with this inten-
tion gives sufficient proof of the causes of the failure of our
endeavours, that we need not emir's. rate them here. But
it is unquestionable, notwithstanding the doubts raised by
the Pressian government subsequent to the month of May
against the legal cent nuatton of the provisional central
power, that it did acknowledge the same to be the successor
of the fermi diet, and the constitutional representative
of the rights and duties which were transferred to it from
the Federal Diet. This is perfectly clear from the conven-
tion of the 30th Sept,. which woe ratified by Prussia o the
10th Oct., in c inseq4- tie of which the Archduke Reich'.
verweser will hay, to return the powers confi •ed to him to
the members of the confederation and resign the rights end
duties of the e ntederetion entrusted him for this purpose
into the hands of his Majesty the Emperor of Austria and of
his Mejesty the King 0' Prussia. It is proved then not only
upon mat, rial grounds that the abrogation of the organ of Om
mmeederatlon which existed until the 12th July, 1848, could
not have dissolved the federal constitutien. The proof is
aiseclear that the confederation was not without a constitu.
tionelly instituted organ in cioneequenetsof the dissolution of the
Federal D.rt ; that Prusath itself bag acknowledged this to be
the case, and that, lair/owe, all deductions founded uron
the otiposite assertions ought to be considered as unfounded.
If, after these tie quesiunanle facts, still further proof is re-
quired that Pros is scknos lfelged the continued gelid...nee if
tic fccltral eunit,tuuou, they ere to be toned in the already

mentioned convention of the bit is
th it the new fedi rsl ¢rn tri'ssiore will have to.
"r :be direction of all toe aline* hillerto controlled-
pevisional ci ntral power, in o for al the rams b1,,7
Inc ilini under the conued of elle•emperor &wool of te,,Ll di 1," a 1 other a' origin • huh in accordance with A 7'4,
the act of confederation are tr, he teem d to the pies„,:,:i'v
Federal Diet shall be decided by each 'tote, ace "
ni ,th
of the Federal D et shall exidertake and direct the
brought before them. In secord•nce with the 'listen rgia
legislative powers, sod more particuljudy the jta„,inr—oft
emotion." In our opinion, a more explicit seltoend,dLl'
could not be made. If, then, the federal coostitutin7:
tinuee to exi,r, it is her
at ones . how rrorsea unfounded are the assertions of- the Punda..,4l
the V. rwalturgsratb. Returning to then --"a„._.111
and, relying upon the above facto, we must exprisie;
viction—hrst, that the federal state projected by
coma into coliision with the federal constitution vitia4",„ not ceased legally to exist ; ascand, thbrit itiqe36sibi
make any distinction between the rlghti r
out of the set of confederwien and the iZeletal
arising
federal organ, eitoll'olo,4lot
es they are inseparable, etch gisgfithessig,..,
oraellete:h:d:eftua*kitlly°4lteS‘titi tb"--
other ; and that uteri • dAtinction
,bexpeen„Zitsit
be based on an erroneous concept:on of the eneseit,44
ffoarerathle c°spnisrlttu;ti°Dedthooierundtd,
not that, conseguerffiy, a 7,1",
r•
stances of the present cue, have ao".
io:bno
able
en
ot
odo
farfut btt
hieeescaic:
theyeca nur
emi
and fourth, that it is not suflicient to rum, to theta
included in the alliance of the Wads Slayton,in t!
tduties guaranteed them by treaties, it. the p .fO6
quences of that alliance should endanger non 6,47.!
duties. We must earn st:y desire, therefore, that'll,
ciples asserted by the Minister of Sate, Herr ton aNZ
wingh, in his official ospecity, should i.e rectifitd by tiny*
elan cabinet, as we could not permit then to be anise
Your Excellency will hand a copy of this doyen* to..7h''
Minister of Foreign AlLir., and will !quest pin
his government to the consideration of euryast *AI tote
Receive, &c.

Irbe Court.

OSBORNE, DR. ID.
The Queen and Prince walked thur,auniati
Oshornr ground. and park.
Has HJ3 al Highness the Prinee of Wales and /mow
mem, era oa the royal family walln.d and role aster
There was no addition yesterday to the royal taut
Parl.

Captain Shipprd h.ct an ihterviei ajth tut
Giaiy yesterday at the C often.
The Lord Mayor r ceiv,d yesterday at the Ma.
sion.house a deputation fr m the prom tail of th,,J.„4,.
Necropolis and National fdauvol,-uin C tot Int, stotz4Zui
by their secretary, architect, and aohei.ois.
Dapatehee were cent off 3 e•t, rday evetifig ie
the Colonial-office for the Governor cf the Cape of Gni
Hope.