The Sun.
London, England, 1855-11-20 00:00:00

THE SUN, LONDON, TUESDAY EVENIN', NOVEMBER 20, 1855.

SURREY SESSIONS- (TEs Day.)

Spirit of the Public Journals.

LoaSing
Compare.

Closing rrice,
this day.

Business
this day.

THIEVES AND RECEIVERS.—JC•hn Ifyat t, 33, carman,
Watkin Hyatt, 26, labourer, and Chas. P.. Marshall, 36,
general dealer, were indicted, the two for mer with steal-
ing at Lambeth half a ton of coals, the pi .operty of Wm.
Constantine Rowton and Co., coal raerchrmts, Belvidere-
road, Lambeth.

(Front the _Times of Otis day.)

In the days that preceded the first French Re-
volution, when opinion on the Continent was com-
paratively free, and German sovereigns were not
afraid of uttering liberal sentiments, and feeling,
or at least professing, a sincere interest not merely
in the taxpaying and recruiting powers, but in the
progress, welfare, and enlightenment of their sub-
jects, there lived an Emperor of Austria who ren-
dered illustrious in the annals of Europe the second
of the two names borne with some what less eclat
by her present youthful Sovereign.
Jose ph 11. conferred inestimable benefits on the
Austrian church and people by his manly and
vigorous resistance to the encroachmentt of the
Court of Rome. It was his policy to vest the go-
vernment of the church in the bishops, and the
supreme power over the bishops in himself. It
was in vain that the Pope undertook a journey in
order to dissuade the Emperor from his policy.
The Pope was courteously received, splendidly en-
tertained, and sent back to Ronne without having
been able to obtain the slightest concession. From
that time to this the Austrian Church has enjoyed,
in greater or less measure, the benefits of thenoble
stand made on her behalf by the Emperor, until,
on the sth of this present November, a document
was solemnly promulgated as fatal to the power
and unity of government in Austria as the great
conspiracy the detection of which we celebrate on
that day would have been to the power and inde-
pendence of the temporal and spiritual govern-
ment of England. In this most strange and most
discreditable document the Emperor of Austria
seems to complete the measure of those distresses
and humiliations whist' will make his reign ever
memorable in the chequered annals of the house
of Hapsburg. Young as he is, the Emperor has
already been forced to confess himself vanquished
by his own insurgent subjects, to beg for the
restitution of his Crown at the feet of a neigh-
bouring and contemptuous Sovereign, to aban-
don the position of armed menace which he
had taken up, and to disband an army which he
had not resolution to use. These, however, were
misfortunes forced upon him by stern necessity,
humiliations in which, though there might be much
to`pity, there was little to condemn. But the shame-
ful Concordat with the Popo is a voluntary act of
degradation, justified by no State necessity, en-
forced by no overpowering conjuncture of circum-
stances. It is a spontaneous act of self-spoliation
and self-abasement, a voluntary betrayal and sur-
render of the most sacred rights of the Crown, the
clergy, and the people. It assumes the dimensions
of a great political crime, and exhibits despotism in
its worst form, not of caprice and tyranny, but of
deliberate and complete betrayal of the rights and
interests intrusted in an evil hour to its selfish and
faithless keeping. The Concordat consists of 36
articles, every one of them a deadly stab to freedom
of conscience and the independence of the Crown,
the church, and the laity of Austria. The first
article declares the maintenance of the Roman Ca-
tholic religion, with all the privileges which, by the
laws of the church, it ought to have, unlimited per-
secution of heretics being of the number. Thus
fall at a single blow that liberty of conscience and
freedom of opinion in religious matters which have
hitherto so honourably distinguished the Austrian
Government. The second article gives to the
bishops, clergy-, and laity free communication with
the Pope, without the intervention of the temporal
ruler, thus depriving the Emperor of any power or
control over the national church, and placing it in
the power of the Pope to contrive and execute the
most dangerous conspiracies against the Govern-
ment. It is impossible to carry the doctrine of im-
perium in imperio further, and tolerant Austria
has thus submitted to a yoke which would have
been scorned by bigoted Spain in the days of
Ferdinand and Isabella. The third article gives
the bishops complete authority, pastoral and legis-
lative, over their clergy ; and the fourth places
this authority under the control of the Papal chair.
The fifth article places all public and private schools
under the control of the bishops ; and the sixth
gives the bishops the power of appointing and re-
moving the only persons allowed to teach sacred
theology. The seventh article provides that none
but Catholic professors shall be allowed to teach
anything in the middle-class schools, and the books
of instruction are to be chosen by the bishops. By
the eighth article the Emperor is permitted to
choose the inspector of the schools of the diocese,
but under the degrading condition that the candi-
dates from whom he is to select shall be chosen by
the bishops. The ninth article promises the help
of the Government to suppress such books as are
dangerous to religion in the judgment of the
bishops. The tenth article establishing ecclesiasti-
cal courts for the punishment of the clergy and the
trial of cases relating to marriage and betrothal.
The eleventh article arms the bishop with the power
of inflicting ecclesiastical punishment on clergy and
laity ; and the twelfth article surrenders to the
spiritual courts the power of deciding on the right
of patronage, except in the case of a disputed sucl
cession. We will not enumerate all the articles,
which will be found at length elsewhere, but it
must occur to any one who has read this brief
abstract of the most important to inquire what can
have been the motives which induced Francis

Donald Hastie, clerk to the prosecutors,. said that Job*
Hyatt was a carman in their employ, and Watkin Hyatt
was engaged by him as trouncer. On Saturday, the 6th
off October, they sent seven tons of coals to, Miss Reymer,
tour of which the prisoner John Hyatt, had charge of.
From information he received he spoke to Sergeant
Romaine, and afterwards went to Mill-street, Lambeth-
walk, and watched about the house of the prisoner Mar-
shay.ll. About nine o'clock witness saw the van pull up
at the shop of the latter prisoner, and then five sacks of
coals were removed and the empty sacks replaced in the
van which drove away. The coals is question were
ozdered for Miss Reymer, and John Hyatt bad no right
to sell them to any one else.

A verdict of guilty was returned against John Hyatt
and Marshall, and acquitted Watkin Hyatt.
The Chairman sentenced John Hyatt. to six months,
and Marshall nine months in the House of Correction
at Wandsworth.

POLICE INTELLIGENCE.—{This Day.

BOW-STREET.

ROBBERY BY A. SERVANT.—This morning a man
named Damper was placed at the bar charged with
robbing his employers; Messrs. Nettlethorp, iron-
mongers, carrying on business in Holborn.
From the evidence it appeared that for some consider-
able period a suspicion was entertained that some per-
son was robbing the firm, but the prisoner was not for
some time suspected to be the person, but from certain
circumstances it was thought advisable to mark the money
in the till, to which the prisoner had access, to test his
honesty. Accordingly last night the second son of Mr. Net-
tlethorp, after the premises were closed and the prisoner
had left, marked the whole of the money in the till,
thirty-four pieces, amounting to thirty-five shillings, and
then returned the money and safely locked it up.
Among the money so marked was half-a-crown. At
the usual hour this morning the prisoner arrived at
the shop and immediately began his usual work,
such as arranging the articles in the shop, &c., and dur-
ing which time he was left alone, and of course the till
Was at his mercy. According to previous arrangement
a police constable entered the shop this morning shortly
after eight o'clock, and the till was examined in the pri-
soner's presence, and three shillings and a half-crown
were found missing. The prisoner was then searched by
the officer, and on him was found the three shillings and
half-a-crown, all of which bore the mark he had placed
upon them the previous evening. A skeleton key was
also found in his pocket, which unlocked the till.

The Magistrate said it was a bad case, and fully corn.
witted the prisoner for trial.

THAMES.

SAVAGE ASSAULT ON A WIFE—SIX MONTHS' IMPRI-
SONMENT.—Samuet King, a tall and powerful man, a
dock labourer, was brought before Mr. Ingham,
charged with assaulting his wife, Louisa King, a re-
spectable-looking woman, who carried a child in her
arms, which was like a skeleton,

The complainant stated that she had been married to
her husband for two years, and that he had taken her
from a good home and reduced her from affluence to
poverty. She kept a beer shop when he married her,
and was getting a good living. He had since repeatedly
ill-used her. On the Ist of May last he was brought to
that court and sentenced to one month's imprisonment
for beating her. He had since ill-used her and was con-
stantly intoxicated. He was, in fact, a sly drunkard,
who put his money by and went out and drank
by himself, and came home and pretended he
was ill. Last night she went in search of her husband,
and found him at the Greenland Fishery public-house,
in Redman's•row, Stepney. She asked him to come
home, and he abused her and knocked her down, with
the baby in her arms. When she got, he ill-used her
most brutally, and beat her about th head and body
with his clenched fists. The byestander interfered, and
he was given into custody.
In answer to questions by Mr. Ingham, the witness
said that she bad taken out several warrants against her
husband, and only appeared against him once. He had
communicated to her a loathsome disease. She had
kept her beer-shop until eight weeks ago, when he turned
her out of doors, and brought in several " dirty huzzies"
whom he had been in the habit of treating.

The prisoner, in defence, said his wife was a habitual
drunkard, and had been drinking that morning.

Mr. Ingham—Does this woman appear to be tipsy I

Mr. Livingston, the Chief Usher—No, :sir ; but she
is very ill, and her child appears to be dying. It is in
a sad state.

Mrs. King sobbed bitterly, and said she had been half-
starved, and had been in bad health from her husba*d's
ill-treatment ever since she married him. She had re-
ceived 30s. Irons her husband i❑ eight weeks. Her con-
stitution was completely broken up, and she was afraid
her infant would not live many hours.
Joseph Atkins confirmed the statement of the com-
plainant as to the assault last night, and said the pri-
soner struck her a dreadful blow on the side with his
clenched fist, and said he would knock her b—y breast
bone in.

Joseph to sign this shameful capitulation, and,
without any apparent consideration, to abdicate
his right to control the actions, the education,
and the administration of justice between his sub-
jects to a foreign Prince whose own govern-
ment of his own dominions is notoriously one of
the most corrupt and tyrannical in the world, and
of whom he has no assurance that he may not
at any moment become the tool of a foreign hos-
tile State, and employ the vast power he acquires
over the subjects of Austria for the purpose of her
dismemberment and destruction. We believe the
motive for this Concordat to be the desire of Aus-
tria to place herself firmly at the head of the Ger-
manic Confederation, and completely to defeat and
extinguish the rivalry of Prussia. A noble oppor-
tunity offered for effecting this darling object of
her policy by joining the Western Powers, and
taking a leading part in the European war of in-
dependence. But for such a step Austria was n•
more prepared than Prussia • and therefore, with
her usual preference of the more ignoble over the
more generous springs of action she has determined
to owe her victory in the struggle to the ignor-
ance and superstition, instead of to the admiration
and respect, of mankind. She might have become
the leader of Germany by vindicating her from the
attacks of a temporal aggressor ; she has preferred
to rest her claims to supremacy on the good ser-
vice which does her country by selling it into the
hands of a despicable spiritual tyranny. The path
of honour trodden by the allies is too hazardous,
and Austria deems her object may be more readily
obtained by the path of shame.
She ought to know her own game best, yet we
cannot escape the conviction that in this policy she
is overreaching herself. The Austrian church
views with the utmost alarm and terror the sur-
render of its liberties into the hands of the
Court of Rome, and the enlightened portion of
the laity regard such a proceeding with un-
dissembled disgust. It may well turn out that
by the Concordat, instead of rallying round
her a united Catholic party, Austria has only
been the means of creating schism and divisions
in the church, and that this violent ultramon-
tane aggression may be met with an equally
energetic reaction. It may also well be that the
immense powers which she has thus conceded over
her domestic affairs to a foreign Prince may be em-
ployed by him as the instrument of France or Rus:

Other witnesses deposed to the savage nature of the
assault last night at the Greenland Fishery. The
woman was in a very low condition, and fainted away,
and her husband was in such a savage humour that he
would have killed her if the people in the house had
not interfered. The prisoner gave utterance to the
most dreadful threats and exclamations,
and repeatedly
struck his wife, and knocked her down, swearing every
time that he would knock her breast bone in. One
witness, living opposite to the prisoner and his wife for
some time, described him as a drunken, profligate fel-
low, and the wife as a sober and industrious woman.

Mr. Ingham commented at some length on the
atrocious conduct of the prisoner towards his wife,
and sentenced him to be imprisoned and kept to hard
labour for six calendar months.

sia, and that, in exchange for a very doubtful
immediate advantage, she may find that she has
surrendered powers of internal regulation which it
may be difficult, or even impossible to resume.
Surely it was scarcely wise to introduce into an
empire of discordant nationalities, whose only bond
of cohesion is the sword, another anarchical in-
fluence, to be exercised by a Prince, of whom ii is
only certain that he will use it without the slightest
regard for the welfare of Austria, it not under the
immediate control of her rivals and her enemies.

Is he truly and strongly for carrying it out with
vigour ? Does he share the fixed resolution af the
Premier to submit to no incomplete peace, to adopt
no terms but those which were fixed by Right a•.nd
Justice for the War 7

A
fie caunot very much regret the force of a spirit
which is carrying England triumphantly and ho-
nourably forward ; and we regret it the less, per-
haps, because in the present instance we believe
that we cau give a satisfactory answer to the in-
quiries which it dictates. A glance at the late Par-
liamentary course of Mr. Labouchere will show that
ho has steadily and straightforwardly adheredto the
necessity of the vigorous measures of war pursued
by the present Ministry. He is not a min to waste
much oratory on the subject, nor is he likely to dis-
play himself in speeches on matters in which he is
not immediately concerned ; but he is a man whose
abil i ties and powers have always been conscientiously
used, and have never been sacrificed to the cry of
a faction—have never pandered to the longing for
place. Mr. Labouchere, therefore, judging him by
his votes, is one whose sagacity has led him to the
honest conviction that the war must be carried out
vigorously and well. He has other qualifications,
in our opinion, nearly as necessary for the place he
is about to fill.

Our Colonial Empire has spread of late years to
an enormous extent, and it is yearly increasing.
It is as impossible to govern it on the poco curante
system—on the system which would have its rights
and its wrongs to be settled or unsettled by Colo-
nial-office clerks, while the Secretary was sitting
down nightly amid loud and prolonged cheering
from the house, after brilliant speeches on the
merits of the war—as it is to govern it on the plan
which would jealously arrogate all power and every
measure in the colonies to the mother country—
which would rule Australia at the other side of the
world as if those magnificent colonies were a
Channel island, and treat the adult strength of
Canada as if she were a babe in leading-strings.
Mr. Labouchero has experience, and has shown
sagacity and ability enough to be free from these
fatal errors. He has tenacity and ability enough
to fix steadily on the hard work that has to be done
by the Colonial Secretary of State. We trust that
he will adhere to what seems the great rule of the
present Government, and do the business of his
place well and thoroughly, with tact .and temper,
in spite of all extraneous excitement.
Some surprise Las been expressed, some sneers
have been vented, at the charge that Mr. Labou-
chere is a Whig, and that Lord Palmerston has
been forced to fall back on the Whig party to form
his Ministry. For our own parts, we thought that
the last of that once famous body had ceased to
recognise any particular principles which held it
together. The Tories have suffered the same fate
—the Protectionists have fared no, better—the
Peelites have faded into the Peace Party. The
world of England is divided into two great bodies
—those who uphold constitutional order and the
greatness of the country ; and those who long for
insignificance.
Among though it involve a fall to
Among the former—from Whigs, Peelites, lor
Tories—Lord Palmerston has sought his men.
The latter he avoids, and faces sternly and uncom-
promisingly.

(From the Morning Advertiser of tkis day.)

We yesterday announced, and repeat the an-
nouncement to-day, that an Alien Bill for the ex-
pulsion of political refugees from our shores, is to
be brought into Parliament next session. There
can be no doubt of the accuracy of our information.
It comes to us from various quarters, all of them
of undoubted authenticity. It is something to be
made aware of the designs of Ministers so early.
The country is thus forewarned. It will be its own
fault it it do not turn its information to account.
It will have itself to blame if it lose a moment in
forearming itself. If ever there was an announce-
ment which ought to arouse the people of England
to a sense of their obligations to themselves, to
others, and to the cause of liberty, that announce-
ment is the one just made.
If the contemplated measure be carried, then
"Farewell, a long farewell," to the freedom of
England. Let Ministers but succeed in that des-
potic and daring attempt to destroy a right which
is one of the greatest glories of our Constitution,
and the next exhibition of their designs on the
liberties of the com:, try will be in the shape of an
effort to annihilate the freedom of the Press: The
freedom of the Press is the greatest eye-sore to all
despotic Governments, just because it is the only
remaining safeguard for the liberties of the people ;
for the House of Commons has entirely ceased to
act as a barrier to the aggressions of Governments
on popular rights. So far as that body are con-
cerned, the most sacred parts of the Constitution
may be invaded and destroyed at any time. But
for the Press of this country we had long before
now been consigned over to the tender mercies of a
system scarcely leas despotic than that which exists
on the Continent. The country cannot feel a suffi-
ciently deep sense of its obligations to a free and fear-
less, an honest and independent Press. But that in-
valuable institution, that mighty barrier against the
flowing tido of despotism in England, is now in im-
minent peril. We repeat, that if the right of asylum
to political refugees from other lands is to be abo-
lished, the freedom of the Press will as surely fol-
low as the darkness of night succeeds the light of
day.
_ _

it is, therefore, of the utmost importance that
the people of England should at once rise up in all
their might and majesty to confront any Govern-
ment, no matter who may be its head, or of whom
it is composed, that will venture to bring forward a
measure which is not only in violation of the Con-
stitution, but which would prove both degrading
to the national character and utterly destructive
of the liberties of the country. If ever there was
an occasion when all those minor diversities of opi-
nion which exist among the friends of the popular
cause, ought to be buried in the dust, and a grand
national organisation be entered into with a view
to vindicate a great principle. and resist a daring
aggression on one of the most valuable of English
rights—that occasion is the present. Happily, we
are on the eve of a dissolution of Parliament, and,
therefore, the members of the House of Commons
afe just now particularly accessible to popular in-
fluences. Let meetings be everywhere held for the
purpose of denouncing, in the strongest and loud-
est terms, the contemplated despotic measure, and
calling on all those representatives who have been
returned by Liberal constituencies, to give a so-
lemn pledge that they will, by every means in their
power, endeavour to defeat the measure. The city
of London ought to set the example ; but if it fails
in its duty, then let Marylebone, Westminster, or
some other metropolitan borough, take the lead.
Birmingham, Manchester, Leeds, Glasgow, and all
the other great towns will forthwith follow, and we
shall, before many weeks have elapsed, witness
such an expression of public feeling on the subject,
as will deter the Palmerston Government from
carrying their intention into effect.

THE EXPORT TRADE OF THE NORTH•