The Express.
London, England, 1849-08-29 00:00:00

HUNGARY AN]) AUSTRIA.

The following memorial, drawn up by Lord Fitz-
william, was in course of signature when the late dis-
astrous intelligence arrived from Hungary; it would,
probably, otherwise, in addition to the names of
those with whom it originated, have had appended to
it the signatures of many other peers and members of
parliament :
To the Lord John Russell, First Commitsioner the
Tressury, and thiliiscount ralraerstoo, Principal Secret ofary of
State for Foreign Affairs.
The undenigned (being peers, or members of the House of
Commons) deuce to express to yout lordships, and through
your lordships, to the rest of her Majesty's confidential ser-
vants, the deep interest which they take in the contest
which is now carried on between the Hungarian nation and
the Emperor of Austria. It is their anxious wish to ace this
contest speedily termicated in the manner, which they con-
cave most conducive to the interests of the Auttrian empire,
viz.—by the recognition of the just demand' of Hungary,
the most important of the hereditary dominions of the• house
of Hapsburg.
The undereignei are of opinion that it is both the interest
and the duty of England to contribute, by every legitimate
means, to the tranquillity of Hurg.ry. They are of opinion;
however, that this object, so desirable, cannot be obtained,
so as to ensure its permanecce, unless the terms upon which
it is accomplished be consistent with the ancient laws and
' constitution of the country.
While so many of the nations of Europe hove engaged fn'
revolutionary movements, and have embarked in schemes of
doubtful policy, end of still more doubtful success, it is VA.
Wilzig to the undersigned to be able to assure your lordshlps,
that the Hanzarians demand nothing but the recognition of
ancient righb, sad the stability and iategiity of their ancient
constitution. To your lordships it cannot be unknown that
that constitution hears a striking resemblance to that of our
own country, King, Lords, and Commons are as vital
parts of the country,
as of the British Constitution. So
far, therefore, from the undersigned being animated by a
revolutionary spirit, or being actuated by principles incon-
sistent with regu'ar government, and with the established
order of things, they beg to assure your lordships that it is
with the view of maintaining regular government, and of per-
petuating institutions which, though occasionally modified,
have hito an unbroken series of existence since the founda-
tion of the Hungarian monarchy, that they venture to in-
yoke the interference of the British government.
They have whitened with great alarm the application of
the Austrian government for the assistance of Russia. They
conceive that this assistance will not be granted upon terms
consistent with the integrity of the eaten:lt dominions of
the hours of Austria; their alarm, however, is not confined
to the apprehension that some encroachments may be made
upon the present boundary between the two empires. They
apprehend that a powerful intervention on the part of Rus-
sia, a state in which the existence of a constitution is not
acknowledged, cannot be effected without danger to the free
institutions of the country in which it is invited to interfere.
They conceive that the military occupation of Hungary by
Russia must be necessarily subversive (for the time) of all•
regular government, and they know not what terms &Meting
the internal condition of the country may bs ultimately im-
posed by a power, whore intervention has been invited for
the express purpose of cutrolling a people which is struggling
for the preservation of long established and undisputed
rights. The undersigned conceive that the essential charac-
ter of Russian intervention must be to disregard rights which
the spirit of the government of that empire does pct recog-
Wise ; and that, if effectual, the intervention must 1. at to the
subversion of the ancient constitution of Hungary, must de-
stroy her prosperity, and endaoger the security of stator in
whose welfare and independence England is deeply inte-
rested.
It is to avoid this fatel result that the undersigned feel im-
pelled to entreat her Majesty's government to use such means
&ashen seem to them most effectual for producing a recon-
ciliation between the Emperor of Austria and the people of
Hungary, on the basis of those rights which the Hungarians
have never ceased to demand, and the firmest attachment to
which has hitherto been found not only to be compatible
with, but to promote, the most farrow. loyalty to the House
of Hapsburg, and has enabled them to render such services
in the hour of danger as could never have emanated from the
spirit of a subdued or servile people.
(Signed)—FITZWILLIAW, NORTHAMPTON, ZETLANH,
BRAVMONT, KINNAIRD, NUGENT, it. M. MILNEB, F.
MOWATT, J. A. SMITH, H. SALWET, li. M. WILLCOX, W.
PINNEY, J. TOWASHEND.

A SPANISH DRAMA OF REAL LIFE.

The Porsenir, a journal of Els ille, hat published
the following account of, perhaps, one of the moet sin-
gular criminal processes that ever eccuped a Spanish
tribunal
Joefs Martin, an inhabitant of Almodovor del Campo, was
killed in 1827 by Diego Himojo, !caving a widow and five
children in extreme misery. The murderer was condemned
to ten years' confinement in a convict station (presidio), and
• short time afterwards Joaquin, one of the sous of the de-
ceased, having been drawn for a conscript, joined hi* regi-
ment, and behaved in a meritorious manner. In 1841 Mar-
tin, at the age of 28 years, having served his time in the
army, returned to Almoduvar covered with honourable fears
received in the field of battle. There be found Diego
Himojo, who bad completed the term of his punishment.
It was not loop before the ineuleirg beerieg cf Diego
announced to Martin the presence of the ariusin of his
father. Every occasion was taken advantage of by this
wretch to provoke the young man, by recalling to his
mind the melancholy event, and menacing him with •
similar fate. Martin, it appears, avoided meeting him as
much as possilele, and more than once lamented to his com-
panion the terrible persecution of which he was the victim,
exclaiming, " That man is the demon who will drag so
into the commission of crime." On the let of May, 1841,
WSJ the anniversary of the death of Jose Martin, and aa
the morning of that day Diego presented himself at the late
residence of the murdered man, where one Candid° FOSIS
had established a tavern. " Come," cried the miscreant,
give me a glass of brandy, fir this day fourteen years
I killed the master of this house." Ho drank the
liquor, and went away. A few instants afterwards
Joaquin Martin passed the same spot. and learnt the
eimurenec. Although violently seemed, he went away
to look after come private affairs, corryieg in his hand
• knife, with which he war cutting tobacco. To this
fatal coincidence is to be added another. A few paces in ad-1
wance he met Diego Himojo conversing with two or three
persona, and he, rtl, or imagined he heard him, boastingall
being the slayer of his father. The scene in the tavern, the
eyries of vindictive insults he had suffered for so long a time,
and the present provocation, crowded in a moment upon his
mind witk unoible intensity, and, no longer able to control
his feelings, he threw himself upon Diego, and, with the
knife he carried in his hand, continued subbing him until
he fell and expired. Martin, as soon es he saw Himojo ex-
tended on the ground a corpse, went quietly away to the
spot where the occurrence commenced, and after throwing
away the knife he continued to grasp, entered a neighbour-
ing house, and in • tone of anguish exclaimed, " A glass of
water; I barn !." Immediately afterwards the Aleade pre-
sented himself, and upon his summoning the butanders to
aid him in capturing the culprit, Martin replied, *' No, sir,'
I will go alone to the prison; there is no necessity to forte
me." And so he went.
On examining the body of Diego it war discovered that he
had received six wounds, all mortal.
At the trial of Martin, the Fiscal demanded ten years'
confinement in a convict station, with detention, w'r.ich was
addged without detention. Tie accused Appealed against
this sentence, and at the second trial the Fiscal demanded
six years to the presidio instead of ten, whilst the counsel
Iry the prisoner solicited that this punishment might he
isemmented into serving in the army for the same term.
On few occasions had • tribunal appeared more solemn
and august, or shown itself more philosophic, than in this
process. Everything appealed to the heart. Hardly had
the proceedings been read, when tears filled the eyes of all ;
emotion reached its height when the defendant's counsel,
turning towards the bench exclaimed, in pathetic accents,
" Magistrates! which if you has not had a dearly-beloved
father ? Which of you not have acted as a Martin has done
in the same circumstances ? al you understand me worthy
judges ? Consider the situation of an honoured son, of a
valued soldier, and re.nember what are the miscalled laws
of honour imposed upon men."
The government at Madrid refused to commute the sen-
tence to military service, and Martin was sent to the con-
vict station at Grenada, from whence he escaped, and en-
listed in the gendarmerie, where he revved two years, and
gained the confidence of his officer; by undeviating good con-
duct. Denounced by some informer, the unf otunate young
man was arrested, and delivered over to the civil authority.
He then petitioned the Queen from his prison, and her Ma-
I jest, was pleased to direct that he should be admitted info
the Presidio of Seville as a returned deserter. Last March
Mattis again appealed to the royal mercy, and it is supposed
that he w7ll be fully pardoned.