The Sun.
London, England, 1862-11-20 00:00:00

DEMARK AND GERMANY.

The Daqblad of Nov. 15 publishes the two diplo-
matic notes, dated Nov. 6, and a memorandum as
app
which
te the
ofAug.2
Danish
2, a governmento dh
t ea
oetrin
memorandum, repliesa
to t
sbsyiauilo
which were both presented to M. de
Hall
e same time, namely, Aug. 27.
, appendix,
at d
Prussian
xro, t h
-In the note addressed to M. de Guaade, Danish
envoy at Berlin, M. de Hall, after having pointed
to the appendix for a true explanation of the nego-
tiations of 1851 and 1852, asks what it is that the
Prussian note requires of the King of Denmark.
Nothing less than that he should abolish the exist-
ing constitution, and give a new one such as Ger-
many should dictate. And this not only for Hol-
stein and Lauenburg, where the sovereignty- of
the King is limited by the Diet of the Confe-
deration (and even here tile Diet extended its
competence much further, at least as regards him,
than he agreed to, when of his own free will he en-
tered this "international confederation of sovereign
princes"), but also for the kingdom and Schleswig,
that have no connection whatever with Germany.
But when and where has Denmark then renounced
its rights as an independent state, and where and
when has Germany acquired the right to prevent
the enjoyment of civil order in the Danish mon-
archy ?
In 1823 the Prussian government itself declared
that " the Confederation was excluded from inter-
fering in the government of Schleswig, as this
duchy does not form one of the confederate states
(Bundelslande), and is therefore beyond the influ-
ence of the Diet." Dropping for a moment the ques-
tion of rights of interference, we ask what sort of
arrangement it is to which the note of August 22
wishes to force us. The experience of other coun-
tries show us that it is often difficult enough for a
Government to get a budget voted by an assembly
that represents the whole state. Who can, then,
believe in the possibility of a constitution, accord-
ing to which the means necessary for conducting
the government of the state could only be procured
by the corresponding votes and resolutions of four
mutually independent assemblies, of which each re-
presents a separate province. The first result of
such an arrangement for any state, but doubly for
the Danish monarchy under the present circum-
stances, would be anarchy, and the last unavoidable
consequence would be dissolution.
M. de Hall next shows that the suppositions on
which the "declaration of the King's intentions"
in 1851-52 was based have proved fallacious.
Instead of accepting a common constitution,
" the correctness of which, according to the laws
of the Confederation," has been acknowledged
by the Diet, the Holstein Estates have formally
declared that " the independence of the separate
provinces which form parts of the Danish monarchy
will not admit of the organisation of a representa7
tion in common ;" and the Estates have thus before-
hand condemned every attempt to rejoin the parts
that have -been torn from each other. Instead of

trying to show that t`' e Prussian Government has
far exceeded itt: competence, M. de Hall will only
ask if it is not the acknowledged and common goal
of all the different German governments to create
of the confederation one greater and stronger unity.
There may be different ideas as to the way and the
means by which to reach this end ; but the closer
the tie is drawn between the German States the
more impossible it will be that any of these
should remain in close and, cordial: constitu-
tional connection with .a State that enjoys 4
constitutional life altogether independent of
Germany. This acknowledgment will prove
that we have no hostile feelings towards Germany,
but on the contrary take an unprejudiced view of the
real state of things and the historical development,
In consequence of the altered state of affairs the
Danish Government would have beenjustified in fol-
lowing the path shown it by the Austrian note of
Dec. 26, 1851, namely, to describe to the Confede-
ration the reasons that could induce it to follow an-
other course in order to gain the end, But the Danish
Government tried as long as possible to retain Hol-
stein's constitutional connection with the rest of the
monarchy, and even after the abolition thereof, in
conformity with the decrees of the Diet, the hope
was retained that it might be re-established at some
future period.
New decrees of the Diet are now before us.
This time they claim that every bill laid before
the Rigsraad should also be laid before the Estates
of Holstein and Lauenburg, and that no law
regarding common affairs, specially in financial mat-
ters, must be put in force without the sanction of the
Estates.

A new path is hereby opened by which to reach
a final arrangement, not chosen by the Danish Go-
vernment, but demanded, by the Diet. Just as the
Diet formerly forbad the participation of theDnchies
in the common representation, so it now demands a
separate representation for Holstein, which shall
treat on common affairs together with the Rigsraad.
Though regretting that it has not been allowed to
continue in the course, by which it intended to effect
a closer connection between the different parts of
the monarchy, the Danish Government, yielding to
necessity, declares itself ready to comply with this
demand, at the same time trying to secure this new
arrangement a better fate than the former, by de-
siring to know Germany's wishes regarding such a
co-•operation of the Estates with the Rigsraad before
letting it come into force.
The Danish Government could understand that

there might be objections to specialities of the new
arrangement, and declares itself ready to meet the

wishes of the Prussian Government, and to give the
German Duchies all that the German Confederation
with right or reason, might demand. This only the
Danish Government must insist upon, as it is its
undeniable duty to do, that the autonomy of Hol-
stein must not bring the dependence of the Danish
monarchy with it.
The note to the Danish envoy at Vienna, General
de Bulow, is held in a tone of the utmost good-will
towards the Austrian Government, and ends thus:
—" Although the Danish Government thus is unable
to follow advice which has been given it, it is fully
convinced that this has sprung from the bene-
volent interest which the Austrian Government has
always proved it felt for the integrity and happy
development of the Danish monarchy. And just
this interest gives me the hope that Count Rechberg
will appreciate the significance of my above state-
ments, which undoubtedly will be put in a
still clearer light by comparison with similar rela-
tions Plse where, than my short observations are
able to."

The memorandum that follows as an appendix to
both notes contains a very long and very clear de-
scription of the negotiations in 1851-52, and proves
clearly, by the Prussian and Austrian documents of
that time, especially the Austrian dispatch of Dec.
26, 1851, that what are now called the promises and
obligations of the King of Denmark, at that time
were called, " his Majesty the King declares it his
intention to," &c. The memorandum concludes
thus:—
" When the result of this inquiry into the nego-
tiations of 1851-52 is comparedconclusions with the demands
are :
of both the German powers,
" 1. The common constitution was, in conformity
with an intention decal
ed to both powers in 1851-52,
established by Roy
al command (exercise of the
Royal free power) in the same way for all parts of

STAMPED -.54.

the monarchy. Holstein and Lauenburg are with-
drawn from this constitutional community, accord-
ing to the 4ecree of the Diet, which demandedthis
withdrawal under threats of execution and against
the wish of the Danish government; but _the_ Diet
can never have any influence upon its validity as
regards provinces, which neither directly nor
redly are subject to the rule of the Confederation.
" 2. There can now only be question of a new
constitutional arrangement in so far as the Danish
government has already declared itself to accord to
the provincial Estates of Holstein a legislative and
supply-granting power, in conformity wi?ti the de-
crees of the Diet of March 4th, 1860, and Feb. 7th,
1861, and ou the necessary conditions, in conjunc-
tion with the Rigsraad, which continues in power
for those provinces which do not belong to the Con-
federation.

" 3. The'r.ffairs of the duchy of Schleswig, and
amongst the regulations respecting the languages,
which have never been referred to in the_ negotia-
tions of 1851-52, must not become the object of in-
quiries in the Diet or of negociations of any kind."

TRIAL OF 7HE DUKE DE GIMMON7
CADE.ROUSSE.

The trial of the Duke de Gramont Caderousse,
for killing Mr. Dillon, an Englishman, in a duel,
took place
asplawceyesterday at Versailles. The Assize
Court was as crowded as it could possibly be. The
quite filledboitedyof
thewith
courtfashionably-dressedthere
Sa
ota
ladies, and in the
single seat vacant throughout the day.
It will be remembered that uu Ocr. 22a list, Mr.
Dillon, the sporting editor of the journal Le Sport,
was killed in a duel fought in the forest of St. Ger-
main with the Duke de Gramont Caderousse, and
that the latter was challenged by the former in con-
sequence of a letter published in a Belgian journal,
which the Duke de Gramont Caderousse alleged to
be only a fair answer to repeated attacks upon him
by Mr. Dillon in Le Sport. One of the main causes
of the quarrel appears to have been a difference of
opinion as to whether a Mr. Thomas was entitled
to the qualification and privileges of a " gentleman
rider," Mr. Dillon maintaining the affirmative, and
the duke the negative. The recapitulation of these
main facts will make the following sketch of the
trial intelligible.
The presiding- judge was M. Flandin, of the Im-
perial Court of Paris, who appeared in his scarlet
robes, while his two coadjutors wore simple black
gowns.
The five prisoners, who took their seats on the
felons' bench, were-1. George Hippolyte Duke de
Gramont Caderousse, aged 27, attache of embassy.
2. Artus Viscount Talon, aged 33, lieutenant of the
Carabineers. 3. Charles Robert Count de
Fitzjames, aged 27, lieutenant in the navy. 4.
Louis Robert Jean de Noe, aged 50, lieutenant-
colonel on the retired list. 5. Pierre Charles de
Mussy, aged 33, a retired military officer.
Five more gentlemanly-looking- men than the
accused it would be difficult to find in all France.

The Duke de Gramont Caderousse, who bears a
distinguished name, is a tall, well-made, handsome
young man,, with fair hair, blue eyes, and a remark-
ably delicate complexion. He delivered himself in
the course of his examination with the ease and
grace• of a practised speaker, and maintained an
attitude alike remote from bravado and affected
penitence for an act which he justified according to
the code of morals of the society in which he moves.
Viscount Talon appeared in the blue uniform of
his regiment, and wore the Legion of Honour and
three other decorations. He has seen service in
the Climes, and is a leading member of the French
turf.

Count Fitzklcces, who wore the unform of a naval
lieutenant, is a very handsome young man, not ap-
parently more than one or two and twenty, although
he declares to 27.

Viscount de Noe's appearance contrasted strongly
with that of his youthful companions. He is 50
years of age, but looks much older, his hair,
moustache, and pointed imperial beard being quite
white. It was impossible to look on h:m without
regretting that his years and military experience
should not have exercised a conciliatory influence
upon a most futile quarrel. Viscount de Noe,
who belongs to one of the best families in France,
was a court page at the age of 13; at 16 he was a
lieutenant in the army, and he remained in the
service without interruption till 1858, when he re-
tired after having been for some time lieutenant-
colonel of a regiment. M. de Mussy's rank in the
army was not stated, but in the course of his service
he was mentioned in general orders for having
saved the life of his general.
Such were the men who this day took their trial
for wilful murder, for that was the crime with
which they were charged by the indictment.
In obedience, however, to habits and customs
stronger than law, they were treated in a widely
different manner from ordinary criminals. Instead
of being seated each between two gendarmes, as is
the practice at the Assize Court, they were placed
altogether, and the guards who as a matter of form
marched them into court soon went away, and gave
up their places to company. Viscount de Noe being
momentarily indisposed during the trial was con-
ducted to the judges' room to recover himself. It
came out also that the five only surrendered them-
selves into custody yesterday evening, so that they
have only endured the inconvenience of passing a
single night in prison.
The proceedings commenced by the judge asking
the prisoners whether they consented to be tried
to-day, since they had not been long enough in
prison for all the legal formalities which they were
entitled to by law to be observed towards them.
They one 4nd all waived any right to appeal to the
Court of Cessation for this irregularity.
The indictment having been read, the judge inter-
rogated all the prisoners, with a view of ascertain-
ing whether they had done all in their power to
arrange what he called a miserable quarrel without
a meeting. Several of his questiOns were pointed
and severe. He expressed an opinion that Mr.
Dillon's articles upon the Duke de Gramont cad !-
rousse did not exceed the bounds of permissible dis-
cussion and fair difference bf opinion' and that the
duke was extremely sensitive (chat"/uz) to
be
offended by them. On the other
hand,rn du tiaras,
the duke's
"
letter, published in the Belgian "al
Mr. Dillon. The
was really extremely insulting to
gravamen of that letter was a phrase in which the
duke said, "It is curious that
the qualification of
gr. Dillon should
set himself up for a judge of have had an oppor-
tunity gentlemen. Where col,
By way of defending
tunity of learning
provokingthe language, the duke
the use of this truly for a long time shown
said that Mr. Dillon bad.
he a could not
systematic hostility to him, for which
Le Sport he hadsatirised •
as being
him
account, and that in
spoken of four of his horses
as a bad rider,
over trifling leaps,. and said that the
unable to get
to settle the question of gentlemen riders
only way
to the satisfaction of a certain " powerful coterie,"
was to form a club of bad riders exclusively. The
persisted in considering all these judge attacks as
mere 4, pricks of a pin," not in any way affecting the
Duke de Gramont Caderousse's honour, and not
justif3ing his final and bitter attack upon Mr.
Dillon. The 11
—ll-et however, said (and this
was one of the strongest points for the defence)
that the offensive letter was only inserted in the
Journal du Hants in consequence of Mr. Dillon
having refused to publish any letter of his
whatever in Le Sport; that he had three times
modified and softened his letter at the suggestion of
the proprietor of Le Sport, and that the proprietor
Was at length willing to insert it, but had been pre-
vented by Mr. Dillon.

The judge said the duke was wrong in not per-
sisting in the moderation which he had shown in
amending his letter, and ultimately publishing the
original with all its offensive passages. He pressed