The Sun.
London, England, 1853-07-14 00:00:00

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AtitiAV
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LONDON, THURSDAY, JULY 14, 1853.

All honour to Captain STRINGHAaI-all honour
to the nation whose officers cause its flag to be
respected on whatever land or sea it may float,
and whose Ministers steadily and cheerfully de-
fend its officers for the acts which they may con-
sider just and proper in the high-minded and
chivalrous discharge of their duties. We ven-
ture to assert that there will be no attempt at
bullying or browbeating American diplomatists.
Our transatlantic brethren are too prompt and
ready to notice and resent any insult—too well
prepared for war; and too willing to re-
sort to hostilities on . y fitting occasion, to
have their peace di- their public tranquil-
lity invaded on any tri, lor inadequate grounds.
And what is the consequence ? The meanest
citizen in the United States is respected where-
ever he goes, and treated with respect and consi-
deration. No meddling policemen—no inflated
and pompous official dares to arrest the progress,
imprison the person, or ransack the papers of the
man armed with the passport of the United States.
That is indeed a document which will enable its
bearer to travel throughout the civilised world
without let or hindrance. Time was when
a British passport was equally powerful
when the British flag was treated with
reverence, and the mere name of a British
subject insured respectful treatment, and af-
forded ample protection to those who pos-
sessed so potent a talisman. But that was before
the " excellent ABERDEEN" represented the United
Kingdom in the Congress of Nations—before the
timid and vacillating policy of the " travelled
Thane" taught foreigners that Englishmen might
be insulted and trampled on with impunity. Let
it not be supposed that we pay our own diplo-
matic or naval service so bad a compliment as to
suppose that members of either branch would
refuse to discharge their duty to an injured
fellow-citizen with energy and efficiency if certain
of support in higher quarters. Far from it ; we
fully and completely exonerate them from all
blame. Any deficiency of spirit on their part may
entirely be ascribed to the fact, that they are but
too painfully sensible that it is only the tempo-
rising policy that will gain credit or promotion
from those under whose authority they are placed.
There cannot be a doubt that the Americans
Consul and the American Captain axe fully justi-
fiedricai
in the course which they have adopted in
the untoward affair that has occasioned so much
ill-blood between the Turkish and Austrian
officials, and has so materially increased the exist-
ing difficulties. There cannot be a doubt but
that the United States Government will sus-
tain and approve of the proceedings of its me-
ritorious and efficient officers, that they will re-
ceive thanks and approbation in place of cen-
sure for their manly and vigorous conduct. The
whole of the unfortunate transaction, as well as
the subsequent erneute, which ended in the de-
plorable death of a young Austrian officer, arose
from the gross and unwarrantable misconduct of
the Austrian officials, who sanctioned so bold an
invasion of the sanctity of the Turkish soil—so
foul an insult to the Ottoman Government.
The facts of the case are simple :—While one
of the Hungarian refugees (MARTIN KOSSTA), for-
merly an aide-de-camp of Louis KOSSUTH, and
who had accompanied his illustrious chief on his
voyage to America, was seated at a cafe quietly
smoking, he was assaulted by a body
of-
armed ruffians. He resisted vigorously,
and
had nearly effected his escape, but
was
timately captured by his assailants, and
conveyed on board .an Austrian brig-of-war
(the Hussar) which lay in the port. Great eon._
sternation was excited among the numerous re-
fugoes, who naturally felt indignant adid gun*

at so wanton an outrage, so pernicious a prece-
dent, which might speedily be followed in their
own cases. The American Consul speedily heard
of the untoward transaction, and lost n o time in
adopting energetic measures. He applied to the
Austrian Consul, who denied all knowledge of the
atrocious transaction ; but inasmuch as if really
ignorant he took no means to ascertain the
truth, the American Consul went to the
vessel and demanded an interview with the

prisoner. His application was then rejected.
Fortunately, however, an American corvette
sailed into the harbour at the moment when the
Hussar was about to sail with its captive. The
American Consul had then power to enforce his
demand, and he lost no time in doing so. He
returned to the brig with Captain STRINGHAM.
Circumstances were then altered. Prevarication
or insolence would no longer answer ; KOSSTA
was produced. Had he relied on his American
citizenship or his American passport, he would
forthwith have been rescued ; but with a strict
regard for veracity, which might have put his
Austrian captors to the blush, he declared that
" lie was born a Hungarian, and would die a
Hungarian." This complicated matters, which
were referred to the American Ohre
d'Affaires at Constantinople. That gentleman
applied to the Austrian Minister, with whom some
negotiations were entered into on the subject.
Meanwhile, the Austrian captain endeavoured to
transmit his prisoner privately to Trieste. The
American officers were, however, wide awake, and
coolly informed their astonished opponent, who
had probably taken his cue from the insolence ex-
hibited with impunity in the Austrian territories
to British subjects, that he could display equal
hauteur to others speaking the same language. He
was, however, speedily undeceived. The corvette
was placed alongside the brig, and the discomfited
captain informed that he would be held responsible
for the safety of the prisoner, and that if anything
happened to him, or that the brig attempted to sail,
while he was on board, it would at once be fired
into. Thus the matter stands for the present.
But what a contrast does it afford to the vacillating
and temporising policy of Great Britain during au
emergency of much greater importance ? We ven-
ture to assert, that if America had been engaged
in place of Great Britain, the Russian troops would
never have crossed the Pruth, and the Russo-
Turkish difficulty would, ere this, have been satis-
factorily and honourably arranged. When will
our statesmen be taught by just experience, that
the best way to preserve peace is to be always
ready for war, and to make no mean or dishonour-
able concession in the hope of averting it ?

The records of Worship-street Police Court for
the last few weeks show that Mr. HAMMILL is
resolved that the new law for the protection of
women and children shall be fully and fairly car-
ried out, and that the surly brutes, who, during
their drunken fits, maltreat their wives and
children, shall no longer escape with comparative
impunity, owing to the reluctance of the sufferers
to see a husband or father severely punished, and
their undue confidence in the promises of amend-
ment, made while the offenders are before the
court, but forgotten or disregarded the moment
they are once more enabled to indulge their
cowardly and brutal passions. Before Mr.
FITZROY'S Bill received the Legislative sanc-
tion, the Magistrates were unable to inflict
adequate penalties on the unmanly scoun-
drels brought before them for sentence, their
summary jurisdiction only extended to inflicting
a maximum fine of 51., or, in default of payment,
to two months' imprisonment, with hard labour.
Incarceration was, however, seldom endured for
any prolonged period. The aggrieved, but for-
giving wife forgot her own sufferings when she saw
her once-loved husband, the father of her children,
led off to the House of Correction, and the fine
was generally speaking procured by the sale or
pledging of the clothes and furniture of the in-
jured party, who was thus doubly victimised—
first, by being ferociously assaulted, and then by
having to pay the penalty of the offence. The ill-
conditioned ruffians who thus escaped in place of
exhibiting any degree of gratitude, became even'
more violent and outrageous in their conduct, be-
lieving that the wife, who had herself expiated
the offence by being compelled to find the means
of liquidating the fine, would endure any insult or
cruelty rather than again deprive herself and her
children of the little comforts which her own care
and prudence had gathered around them.
But it may be asked why did not the presiding
Magistrate invariably send such cases to the ses-
sions, where, in case of a conviction, a sen-
tence suitable to the occasion might be pro-
nounced ? There a prolonged term of imprison-
ment might have been awarded without the
party being allowed the option of escaping by a
pecuniary payment. Such would unquestionably
have been the most judicious course, if the attend-
ance of the victim could have been insured. But
in the great majority of cases, the husband was
enabled to avail himself of the interval between
his committal and his trial, during which he was,
generally speaking, out on bail, to cajole or bully
his unfortunate wife into forgiveness of his bru-
tality, and inducing her to absent herself from
court at the appointed time, so that an acquittal
for want of a prosecutor was the almost certain con-
sequence of sending the case to the sessions. Even
the very inadequate punishment of a small pecu-
niary fine was better than the total impunity that
attended the attempt to obtain an adequate sell-
team at Sessions, and Magistrates, therefore,
found that it was more judicious to exercise their
summary jurisdiction, however aggravated might
be the case, than to transmit it to a jury. We
have witnessed the result of this unfortunate state
of the law—these brutal and unmanly assaults
became almost of every-day occurrence, and the
shame and reproach of the people.
Such was the condition of of tirs when Mr. FITZ-
ROY, who had previously acquired high chase ter as a
legal reformer, took up the subject, and the Aggra-
vated Assaults Act, which came into operation the
latter end of last month, was passed through its
various stages under the care, and by reason of
the indefatigable exertions, of a private member.
The magnitude of the evil was universally admitted,
but there were some doubts as to the efficiency or
suitableness of the contemplated remedy. Some
Hon. Gentlemen, whose indignation was excited
at the atrocity of the offence, thought that nothing
would operate as a sufficient check, unless the per-
petrator was subjected to corporal punishment, as
the only penalty suitable to his brutality ; while,
on the other side, many persons were unwilling to
extend the summary jurisdiction of Magistrates,
or to sanction further inroads on the great prin-
ciple of " trial by Jury." Mr. FITZROY, however,
persevered. Through his zeal and energy the
measure passed through all its stages, and a few
weeks since came into practical operation. We
venture to assert, that if every Metropolitan Ma-
gistrate administer its provisions in the same
spirit as Mr. HAMMILL, the offence will become
of comparatively rare occurrence, when men find
that habitual brutality to a wife is rather a dan-
gerous luxury, involving very unpleasant results
to themselves personally.
A brief notice of some of the cases which have
been adjudicated on by the worthy Magistrate
since the act came into operation, will afford the
strongest illustration of the fearful extent of the
evil, and the necessity that existed of arming the
Magistrates with additional powers for dealing
with such outrages. In one case, a journeyman
carpenter named HENRY DAVISON, described as a
tall powerful fellow about six feet in height, "was
brought up on a warrant for assaulting his wife.
The miserable victim, a care-worn looking womar,
whose right eye was shockingly swollen, and face
greatly bruised, had been seven years married,
and borne three children to her cowardly assail-
ant. After waiting up for him to a late hour the
preceding night, she had gone to bed, wearied out
by her protracted watching, and was actually
shewas
aroused by a very violent blow
sleeping between her chilwdroenn
head.,thewhen
She
re-
monstrated calmly and temperately at the outrage ;
but the ruffian, declaring his intention of avenging
an imprisonment which he had endured for a former
unprovoked assault upon his victim, and that,
notwithstanding his being under sureties to keep
the peace towards her at the moment) grati-

fled his vindictive feeling by the cowardly and
brutal assault of which so many serious marks
remained. The dastardly scoundrel was most
justly sentenced to six months' imprisonment
with hard labour, and without the option of being
enlarged on payment of a fine.
_ _

Last week, three ruffians named DEIGIITON,
STEVENS, and BURRIDGE, were sentenced respec-
tively to terms of six months, four months, and
four months with hard labour in each instance.

In the latter case a further term of two months
was ordered for an assault on the daughter, who
appealed to her sottish father for mercy to her
mother, " who worked so hard for them"--a
melancholy commentary on the drunken violence
of the moody ruffian who transferred his duty
to his wife. Each case presented the same
features of atrocity the same brutal and
unprovoked outrages—inflicted on patient and
long-enduring women. In one case the idle and
profligate scoundrel, who was living on his wife's
industry, seemed conscious that the law, which
had previously afforded him impunity, had been
altered. On being arrested on the warrant,
DEIGHTON exclaimed, " What a fool I was, to be
sure, not to sell off all the things before this came
off ; and the new Act about women has passed too !"
—a significant acknowledgment of the value of
the recent enactment. The prisoners in each
case appeared astonished at the sentences passed
upon them. There can be but little doubt that
the examples thus afforded will have very benefi-
cial effects in a district which has obtained au
unhappy notoriety for the violent and unwarrant-
able conduct of married persons towards each
other, and which is not limited to the male sex,
the more recent case of Mrs. CARMICHEL showing
that a woman can at times forget her sex, and be
even more violent than a male ruffian, when
giving way to unrestrained passion. If the evil
can be checked, the energetic and decided con-
duct of Mr. HAMMILL is well calculated to
arrest its progress—if not, fresh powers must be
conceded to Magistrates by the Legislature to
enable them to abate tke fearful nuisance.