The Sun.
London, England, 1849-12-10 00:00:00

oPilte "N
, .47,1114.

oNDON. MONDAY DECEMBER 10, 1849.

The attention of the public, conscience stricken by
the calamities of the cholera, is, for the time being,
occupied with the sufferings of the poor—of the
poor in general, and of the unhappy needle-
women in particular. This latter class, says Mr.
SIDNEY HERBERT, Alm has deserved credit by his
earnest championship on their behalf, has "an indis-
putable right to priority—theirs is the most helpless
sex, the most intense poverty, the most fearful de.
gradation." The miseries of this wretched class have
before now excited much public sympathy, and yet
those miseries are undiminished. At this day 33,500
women are engaged in the needlework trade, and
the greater part of them only earn on an average
from 21d. to 41d. a day. Even were purchasers
extravagant in their payments and employers generous
in their wages, it would be difficult, or rather impos-
rdble, for so vast a number of hands to obtain ade-
quate remuneration in one branch of employment.
For ourselves we do not, generally speaking, believe
in the evils ascribed to over-population. A surplus popu-
lation, as it is called, is, or should be, an impossibility,
seeing that with every additional mouth to consume is,
or should he, an additional pair of hands to produce.
Thus, if society were rightly constituted, we could
never have a multitude of unemployed hands, 1. e.
a surplus population. It i 3 idle, however, to dwell
upon what might be—let us rather contemplate
things as they are, in order that they may be ren-
dered as they should be. One thing is certain, we
have now in this country, practically, a surplus po
pulation—the sad effects, of many misfortunes and
much injustice The only panacea for this evil
which the philanthropist can suggest is—emigration.
Beyond the seas there are lands where the labourers
are as scanty as here they are numerous—lands where
nature requires human aid to develope her abundant
riches—lands where the wages are plentiful and the
workmen rare. In former times, the children of
this country have gone forth, their veins filled with
the blood and their hearts fired s ith the energy of an
independent race. Pour men, most of them, humble
and unaided, they went forth " the world before
them where to choose." Like the first man, for tham
the earth only brought fnelii, spontaneously, weeds
and misfits, buL 11k the first man they earned their
bread by the sweat of their brow. They wrestled
with Nature, and she became their willing servant.
From those adventurers, those exiles from their
mother land, arose great nations which that mother
land now contemplates with admiring pride. In all
quarters of the world are the footsteps of our Colo•

y' And the young and strong Republic was by these in
virtue bred—
The young and strong Republic that has filled the
witty raine,
And with great praise and marvel of the Anglo-Saxon
whale."
Shall not such things be again ? Notwithstanding
the "plethora' of which Mr. HERBERT speaks, the
heart of England is still beating with vigorous life;
her children, though crushed to the death, are not
degenerated. She may lamsnt, and with jus!ice, that
r-he cannot nourish them by her own hearth (which,
if all her duty had been rightly {ult.fi lea, might have
been happdy- accomplished) ; but the past, though
it be deplored, c.iri:mt be undone. Let her now
p,rforrn the true mother's part-, and send forth the suf-
ferers for their own good and her glory. Let her
send them forth from death to life—'rem the death of
starvation to the life of labour, from the pestiferous
odour of the charnel house to the healthful
breezes of the wilds. Let her snatch her
maidens fro n pollution to become hippy wives
and honest mothers. Let her seize the friendless
:outh who trembles on the verge of crime, and the
wretch who shudders between degradation and
despair, and send them out to learn the right use of
a strong hand and the holy happiness of an honest

heart. The list defies enumeration. The noisome
cellar, where deer. pit manhood and wasted infancy
languish in idlenees and die of want—the naked
garret, where through the long day and by the fading
light—

" Women sit in unwomanly rags
Plying the needle and thread,"
the corners and crevices of the streets, where the
infant pickpockets lurk—the midnight thoroughfares,
where thousands of the women of England are driven
to sin, not from choice, but—

" Oh men with sisters dear,
Oh men with mothers and wives!"—

from the absolute fear of starvation !—those and a
hundred other spots are thronged with human crea-
tures, whose very presence here infects the social
atmosphere, but who, in other climes, might live like
men and die like Christians. Let us send them forth
for their salvation and our own. Let us send them
forth to sow and to reap in (for them) more productive
lands, and, realising the happy prophecy of Mr.
MACAULAY, to give birth to " those unborn mil4ons
who shall cover with cities and gardens the Caffra-
rian and Australasian deserts." At the same time we
are prepared to admit that the remedy is a violent one,
and in the natural order of things emigration should
be the voluntary act of individuals. But if the remedy
be violent GOD knows the disease is violent also.
And therefore, while we are especially anxious that,
for the future, a more equitable system may preserve
us from a recurrence of the present distress, for the
time being we cordially concur-in the proposition of
those who would give a helping hand to send forth
the destitute, the degraded, and the desperate, from,
sin and suffering, "to Light, to Liberty, to Life.'
Who that has the power will refuse to aid in such a
work ? Christians ! these are the missionaries you
should send forth—your sending them will be a
world-wide attestation of your faith. Legislators !
these are the convicts you should transport—before
and not after they are stained with crime, and have
laid a heavier burden on your purse and their own
souls. Men of property ! here is a true way to pre-
serve your wealth ; it is easier to convert an idle man
into a labourer than to keep him from being a poacher,
a rick-burner, or a thief. Mothers and maidens !
here are especial objects for your sympathy—women
rendered desperate by the cries of starving children,
and girls selling their honour to procure a crust of
bread. When we dwell upon these things it appears
indeed impossible that help can be withheld by any
human hand whose owner possesses a human heart.

In a recent impression of this journal, as far as our
space and time permitted, we waded through the
mazy labyrinths of that stupendous absurdity, " The
Report of the Grand Orange Lodge of Ireland."
We went sufficiently far on that occasion to prove
the utter fallacy of the charges made against
Lord CLARENDON, and to demonstrate by their own
testimony that his Excellency neither recognized,
organized, nor armed the Irish Orangemen. And
we think we can convince all dispassionate and
rational persons that the evidence does not go even
far enough to prove that Captain KENNEDY armed
the Dublin Orangemen as an exclusive body, but as
part of an available force of loyal citizens to oppose
insurrection and maintain the laws.
The simple facts appear to be that the Government
expected a threatened outbreak of the disaffected,
and confided the defence of the city to Captain
KENNEDY in such an event. This responsible duty
constrained him to seek the co-operation of the
well affected of all political and religious
opinions, and it would be strange if he could pass
over a set of men who have been eternally bleating
forth their exclusive loyalty, their devotions to the
house of Hanover and the British Constitution, &c.,
&c. The negotiations between Captain KENNEDY
and the Orangemen were conducted by a Colonel
PRAIRE, a gentleman we believe then much in the
confidence of the Orangeman, and holding a high
position in their society. But whether Colonel
PHAIRE was first requested to act .by the gallant Cap-
tain or by the Orangemen does not appear, but this
does appear clearly enough to us, that Colonel PLIAIRE
had no mission from the Government, as we think will
appear manifest from a communication made to the
Colonel by Lord ENNISKILLEN, to the effect " that
Lord CLARENDON, in a conversation with him, Lord
ENNISKILLEN, had refused to supply the Orangemen
with arms, or give a satisfactory reply to their ad
ilress." If Colonel PHAIRE had a mission from the
Government, it is quite evident he did not require to
be enlightened on this point by the Grand Master of
the Orangemen.
As soon as the Orangemen fancied that
they were courted by the Government, as
soon as they thought Lord CLARENDON
was sufficiently embarrassed to ) field to their selfish
demands, they at once manifested the true quality
of their lip. loyalty. Instead of standing, in the
hour of need, by the authorities, and giving them
the generous and spontaneous support of free and
loyal citizens, they higgled and huxtered fur their
own selfish ends ; they drew up insolent resoltiV.ons,
and threatened to present an insolent address, if they
did not get arms and everything else they required.
But Lord CLARENDON remained firm, they swallowed
the address which they dared not to present, because
they were perfectly cognisant of the rebuff with
whi hit would be met. Had they had th! manliness
and courage to present this address, we should never'
have heard a word of the silly charges which have
been since made, as they would then have been enlight-
ened as to the true principles on which his Excellency
had resolved to administer the laws in Ireland.

The important position in which Captain Kss-
NEDY was placed, the serious duties is hich devolved
on him, naturally made him intensely anxious to
secure the services of every !oyal man, orange or
green, capable of bearing arms in the city, and, con-
sequently on his own responsibility, and knowing
that the Government had refused Lord ENNISKILLEN
to supply the Orangemen with arms, he got up a
subscription to purchase arms " for the well-affected
amongst the lower classes," and by this means was
enabled to supply 500 stand of arms to the brawling
Orangemen. Captain KENNEDY'S letter, one would
think, ought to have satisfied them on this point. We
extract it verbatim from the "Report :"
" Dublin, April 22, 1848.
"Dear Colonel,—l have set on foot, 14ith others, a
subscription for supplying arms to the well affected
amongst the lower classes, for the protection of hte and
property in the city of Dublin; and I take upon myself
the responsibility, as far as five hundred stand, in case the
subscription should fall short of that, of furnishing that
number. I shall adopt any course yon recommend to
expedite the supply of those five hundred stand of arms
in the shortest time.—Your's faithfully,.

" J. P. KENNEDY."

Surely the English language cannot more clearly
or intelligibly express the intention of the writer to
avoid all recognition of the Orangemen as a body ;
yet they had the meanness to take arms from the man
who plaiuly told them these arms were to be pur-
chased from a fund to be raised by subscription to
.apply arms to tha woll affected otatonsat the ?yule,-
classes, and not specially for the exclusively loyal
heroes of Whitefriars- hall.

We have very little sympathy for Captain KEN•
XEDY'S spooneyism in allowing himself to be done
out of 6001., which would have been much more
worthily bestowed on one or more of the many meri-
torious charities in the city. A little knowledge of
Irish political history ought to have induced the
Gallant Captain to hesitate before he foolishly ex-
pended so large a sum in supplying thole heroes with
arms. It is not many years since an aggregate
meeting was called on some subject distasteful to the
Orangemen. Their organs sounded tEe tocsin,
and called on the brotherhood through the length
and breadth of the )and to attend this
meeting, and manifest their strength and gallantry.

It was holden in the open air, at a place called the
Coburg Gardens. The Orangemen did muster, we
believe, from all parts of Ireland ; at all events, from
Dublin, Wicklow, and the neighbouring counties.
They marched in battle array to the scene, stormed
the gates, and made a rush to seize the platform; it
was long before the hour of meeting, a:.d but com-
paratively fe.v were then assembled ; but the
patriotic coal porters happened to be present—they
attacked and repulsed the Orange heroes, who gal-
lantly took to their heels, after a few broken
heads, and were chased through the streets
and alleys by the " black diamonds," to the
great amusement of the military, and in a few
minutes there was not a valorous Orangeman to be
found outside the threshold of some friendly public-
house or other safe rendezvous. Had Captain
KENNEDY been aware of this heroic speci
men of Orange chivalry, it might perhaps

have induced him to turn his money to better account
than purchasing arnal for a set of men who would be
much more likely to embarrass than assist regular
troops in any military operation.

The communications with Sir E. BLAKENEY and
Colonel BROWNE prove no part of the case; there is
not a tittle of evidence to show that these gallant
officers looked on the Orangemen in any other light
than as loyal citizens, willing to sustain the Execu-
tive in maintaining the QUEEN'S authority. The
characters of these well-tried and chivalrous veterans
are a sufficient guarantee of their incapability to be
parties to any act unworthy their fair fame as sol-
diers and gentlemen. The hearsay twaddle of the
sayings and doings of Major TURNER, Captain
KENNEDY, and Colonel PRAIRE proves no more than
the gullibility of the Orangemen.
_ _

The second part of the' Report" just come to hand
is as great a failure as its lengthy antecedent. Like
a drunken fellow in a row, it hits wildly at all within
its reach—Lord CLARENDON, Mr. BERWICK, priests,
Papists, and Ribandmen, all have formed one fearful
conspiracy to exterminate the gentle lambs of the
fold of Enniskillen, and undermine the British Con-
stitution. " Orange processions were not designed
to affront, to intimidate the peaceable of any class,
creed, or condition. They were designed to encou-
rage Protestants, and to warn those who meditate
their ruin by a show of loyalty and strength." Yes,
they do with a vengeance encourage Protestants,
or rather Orangemen, to march like armed
bandits through the country ; their gentle
warnings are conveyed through their gun-
barrels, and these peaceful beings exhibit
their loyalty and strength by burning houses, wreck-
ing property, and shooting old women and children•
These are the modes in which the Orangemen mani-
fest their "brotherly kindness and charity, devotion
and piety," and all other Christian graces. We
cannot devote more space at present to this sickening
nonsense.

We have,'nevertheless, carefully examined the whole
precious document in a spirit of fair criticism. We
owe nothing to the Irish Government, and should
to morrow, if we thought them wrong, deal with them
as fearlessly and as independently as we have dealt
with the Orangemen. But we feel fully convinced,
npon their own showing, that the Orangemen have
utterly failed to sustain their case. They staked their
character on the issue, and have forfeited the stake.
They ransacked the valace and the tomb—the living,
the dead, the absent—all were put in proof to no
purpose. We can account for their giving to the
world the evidence of their own condemnation on no
other principle than that they were afflicted with that
fatal malady which, it is said, precedes destruction.
The dread warning of the foredoomed must hare been
upon them—

" Quem Deus vult penlere, prim dementat."

In the name, then, of common sense let them with
a good grace put an end to the dark absurdities of
Orange craft. Let their silly mysticisms be num-
bered with the Pagan mysteries of the past, and be
remembered but as a myth of their schoolboy days.
The exclusive principles of Orangeistn are incompa-
tible with the enlightened spirit of the age. An
imperium in imperio is inconsistent with the whole-
some administration of the laws. All its tendencies
are evil, without one relearning quality of good.
What can these Orangemen want ? They enjoy, in
common , with al the subjects of the guess, the
protection of British law. Tney enjoy without let or
hindrance the spoils and alvantages of conquest.
Would they still grudge the unfortunate descendants
of the vanquished the poor privilege of living in
humble industry on the soil of their fathers ?
The days of ascendancy and extermination are gone
for ever. Let us hope, then, that these misguided
persons will merge into a loyal anti peaceful de•
nizenship with their fellow-subjects, and, laying aside
all bigotry and uncharitableness, remember only that
they are fellow-men, fellow•subjects, and fellow•
Christians.

Since the appearance of the interesting corre-
spondence relating to the line of defence adopted by
counsel on the occasion of the trial of COURVOISIBR,
the murderer—a correspondence published and com-
mented on both in our own columns and in those of
our principal Contemporaries—the letters of CHARLES
PHILLIPS and SA Mum. WAIIRRN have provoked in one
or two quarters a very long, and in some instances a not
very well tempered discussion. Neither at present
have we, nor in future shall we, have any intention
to revive an argument which we cannot but re-
gard as having been brought to an incontro-
ivertib!e and definitive conclusion. Our
opinion upon the subject under debate has already,
we conceive, been expressed in language sufficiently
decisive to be unmistakeable in its tendency. What
is our object, therefore, at present in reverting to a
matter which appears to have originated so much
recrimination, is to protest as journalists against a
system more or less adventured upon at intervals,
whereby the press would be ultimately rendered the
medium of the most gratuitous personalities. That a
distinguished member of the lolr, like Mr. PHILLIPS,
a man who has grown grey in that high and honour-
able profession, and whose personal probity has been
recompensed by his elevation to a post of large judi-
cial responsibility, a trust reposed upon him succes-
sively by Chancellor BROUGHAM and Chancellor
LYNDHURST, that :a man whose character is endowed
with such credentials, and embellished with such an-
tecedents, should be assailed with acrimony for a
defence delivered under circumstances of such tre-
mendous difficulty, must to every honourable and
disinterested mind be a subject of deep regret,
altbough (considering the passions likely to be
excited by criminal proceedings) it can be no cause
whatever for astonishment. But that the course
pursued in this transaction by Mr. WARREN should
be distorted into an act of hostility against any one,
and, more than that, that it should be ♦ulgarly
abused as an effort of mere partizanship, is, to our
thinking, nothing less than a lamentable and perverse
distortion of all that is manly, candid, and generous
in the sentiment of friendship. As observers of the
discussion, observers alive only to truth, and indif-
ferent to every consideration in the matter except
that of justice, we would protest against such wilful
personalities and misrepresentations with an earnest-
ness in some measure commensurate with our regret
and amazement.

UNP RIM LDENTED DISPATC El.—A copy Of the
Third Edition of The- Sun of Wednesday evening, trans-
mitted to Mr. Blake, by the manager of the Scottish
Midland Junction Railway; was in the AtherreAn last
night before eight o'clock, being only about twenty four
hours erom the time of its publication in London 1 This
we believe to be unprecedented. We observe in the
paper an address to Government, signed by about eighty.
members of both Houses of Parliament, requesting inter-
ference for the prevention of further cruelties in Hun-•
gory by the Austrian power.—Aberdeen Banner.
The first volume of Eliza Cook's Journal is com-
pleted, and the second is progressing with fl)ing colours
and every sign of triumph. This periodical may be
considered as having now established for itself a high
position in public tavour among the cheap publications,
and the success is deserved, for it is conducted with
considerable ability and judgment. Most of the original
writing is very good ; the tales are well told, generally
conveying a sound, if homely moral, and o: ten dis-
playing much literary talent; while the poetic contribu-
tions of the editress herself are alone worth the price of
the whole publication.—Morniny Chronicle.
A MONTH OF REJJICINGS.—The present month
promiies to be one of the merriest in the calendar in the
northern counties. On Wednesday, the 19th, the Mar
quid of Staff,rd, eldest son of the Duke of Sutherland,
attains his majority, when the happy event will no doubt
be celebrated in the extensive county of Sutherland, and
over the other wide estates of that noble family. On
that occasion, also, will be celebrated the union of the
house of Sutherland with the cld and noble house of
Cromertie, in the marriage, solemn'ael some months
ego, of the Marquis of Stafford and the Hon. Miss
flay MackerCe. Two days afterwurds, none ly on the
21st, comes the not less happy day when the Hon Simon
Frazer, Ma,ter of Lovat, attains his majority. From
the popularity of Lord Lovat and the Muster of Lovat,
who constantly resident, take the greatu,t interest in
th,,ir tenantry and in the iaiprovement of the family
esta'e, there is no doubt th 3 many a b eifire win bl.iz
from the heights of the Levet county, ani that n) mark
will be ()mired of the attachment of the people. The
occasion will be observed, we understand, early in the
week following the 21st, which falls on a Fr.day.—
Inverness Goes ier.

BALFE.—Our popular countryman is at present at
Berlin, sup( rinteniting the production of his opera, the
Bondman. After this .Keolanthe, another of his op'ras,
will be product d. B.alfe's most ardent well-wishers
could not &sire for him a heartier ri ception than
he has for the si cond time 4. xp ,rienced in Germany.
Ills works will be played at the Grand Opera—not at
the Lalian Theatre, as some have said, of which S:geor
Orsini is the musical director, and which is of infl rior
size, resowo,s, and importance.—Musical World.

A deputation, consisting of Mr. Charles Marryat,
Mr. M'Chlery, and Mr. M‘Gregor, had an interview
with Earl Grey on Saturday, at the Colonial-office.

We, have received the Paris journals of Saturday
and of yesterday.
The review Which was to have taken place to-day,
the anniversary of the election of the PRESIDENT of
the Republic, has been postponed.
The Petrie and the llioniteur du Soir publish the
following official communication :
" The President of the lt,public has recovered from
his indisposition, but the state of his health will not yet
permit him to be cxposed for five or six hours to the
temperature of the season. The review of the National
Guard and the army cannot, therefore, take place on
Monday next."
The National Assembly on Friday rejected, by a
majority of 399 to 188, the proposition of M. FAURE
to vote a sum of money to assist associations of work
men. On Saturday M. SAVATIER LAROCHE brought
forward his motion for the abolition of the punish-
ment of death in all cases. The motion was warmly
supported by M. COQUEREL, the Protestant minister,
in a logical and eloquent speech, and was opposed by
M. CASABIANCA and M. MONTIGNY. The motion
was rejected by a majority of 400 to 183.
The _National of S tturday has the following para-
graph :
" At the commencement of the sitting of yesterday
M. Ferdinand 13arrot withdrew, in the name of the
Government. the Bill demanding a credit for the com-
pletion of the tomb of the Emperor Napoleon. This
Bill had been referred to a committee charged to exa-
mine, at the same time, the account of the expenditure
which has been hitherto incurred fur the same object.
The committee has terminated its labours, and was to
have presented its report yesterday to the Assembly.
A rumour became current during the sitting, that among
the conclusions of the report was one which laid to the
charge of Count Duehatil, Minister of the In:erior of
the ex-King Luis Philippe, a sum of 1,300,000 f It

was on this account, anil-to prevent exposure, that the
Government has, after some hesitation, come to the re-
solution to withdraw its Bill. The Minister of the In-
terior will understand, that in such a case, his honour
imperiously calls on him to furnish immediately cate-
gorical explanations as to the motives which have led to
so sudden and so strange a determination on the part of
the Government."

It is said that M. TRIERS has been of late suffering
so severely from a disease of the palate of the mouth
that he will probably have to undergo a severe opera-
tion. The Courrier Francais, however, says that
" the indisposition of the illustrious orator is not of a
grave character, and that it is hippy to be able to
assure his numerous friends that after a few days of
repose he will probably be able to resume his seat in
th 9 Assembly."
'A supplement of the Moniteur Algerieu, just re-
ceived, gives the following details of the taking of
Ziatcha

" ALGIERS, Disc a

" We have just received the account of the taking
of Zaatcha. Oa the morning of the 26th of November,
at eight o'clock, tho three breaches had been made
practicable by the cannon, and the same were carried
with enthusiasm by three columns of eight hundred
men each, having at their respective heads Colinels
de Barrel and de Canrobert and Lieutenant Colonel de
Lourmel, of the Bth Regiment of the line. A fourth
column, under the orders of Commandant Bourbaki,
completed the investment which had not b,en before
finished. If the bravery of our troops was admirable,
the resistance made by the Arabs was quite what we
might have expected from the obstinacy which had
kept us for six weeks before the walls of the place. In
less than an hour, however, the street: and the terraces
were completely occupied; but the capture of the place
was rot thus completed. It was necessary to attack
house by house, and to besiege the ground floors, in
which our desperate enemies hsd entrenched themselves.
Many of the houses could not 1).2 taken but by blueing
them up, with all who were in them. These partial
combats cost us as many men as the assaulr. Four
hours after the occupation of the town shots were tired
from under the ruin:, During this time Csainsandant
Beurbaki kept up a very sharp engagement with the
inhabitants of Lichara. The Goums and the cavalry,
on their side, kept in cheek the m .veteents of the
natives of Tolgu. Not one of the fanatic follossers of
Bon Zan demanded quarter, all, to the last, man,
died fighting. More than 800 bodies were left on the
ground, as a proof of the desperate struggle of which
Zeetcha has been the scene. Bun Zan, his two sons, and
the Cherif Si Mousse, the old agitator of the south of
Medeah, who had entered the place, were pursued from
house to house, and at last entered that of Bun ban,
where they made a most desperate resistance. A mine
at length enabled us to penetrate into their retreat, where
they all met their death. In order that no doubt should
remain in the minds of the Arabs as to the well merited
fate of those instigators of the insurrections, their heads
were exposed in the camp of General llerbillon. We had
on our side from 30 to 40 men killed, and 150 wounded.
Amongst the killed are M. Lapeyreuze, of the native
tirailleurs; M. Rosetti, sub lieu:eusnt of the Spahis; And
M. lhynac, lieutenant of the Zuuaves. The officers
wounded are Licut.-Colonel de Lourmel, slightly ;
Captain Toussaint, of the Ist Spahis, seriously; De
Laurences, chef de bataillon of the Zmaves; Captain
Berthicn, 38th of the line; Lacroix, captain of the
Z maves; and Levuillant, sub-lieutenant of the 8!h batta-
Lon of the Foot Chasseura."

The following were the prices of the Funds at the
Passtge de l'O,ura y. sterday : —Five per Cents., 9if.
95c.; Three per Cents., 56f. 25c.
BUSINESS DONE IN FOREIGN RAILWAYS AT TILE
LONDON STOCK-11..XURANGE. Disc. 8.
Boulogne and Amiens, 6%—Central of France (Orleans
and Via!zon),l2,—Luxembourg, %—Namur and Liege,
6—Northern of France, 2 dis.—Sambre and Meuse, 2;i—
W&t Flanders, 1 (,4 ex int.

Ti-IE FRENCH REPUBLIC ' ' insomuch as by the simultaneous dissolution
0 the German Diet the very organiz Jinn of Cue Con-
eciore don was dissolved; 11:.une the Central Power
only be considered in the light of an authority,
ore ated from the momentary necessity of a direction of
ae gf coral affairs, and provisionally recognised; hut of
otherno more extended signification, ev( n if, by its
monarchical form, it was not unfit to be the expression
of tho Confederation, that is to say, of an association
of indkpendent statGe, enjoying equal rights; and if de-
prive.l of the foundations of its existence by the disso-
lution of the German National Assembly, it had not,
de ju.T, ceased to exist. According to the reasoning of
M. de Bodelschwingh, it is not the federal right, as de-
prived: of its organ it perished with it, but solely the
effects. still subsisting from that right, as well as the
conscience of forming part of one common whole, which
mast tained the states in a community, and pre-
served Germany from a complete disorganization."
(This dispatch, which is of great length, then
enters into a refutation, point by point, of the
declaration made by M. DB BODELSCHWINGH, and
continues then) :
"It is quite evident that the existence of the Federal
Constitution, consequently of the Confederation irseif, is
not subordinate to the existence of the German Diet;
that it has been practicable, by universal consent, to
replace the latter by a new organ representing the COTl-
tedtrAtion in its totality; that the institution of such an
organ is a duty incumbent upon all the members of the
CAdederathn; that each of them has consequently the
light of demanding such an institution; and, finally,
that there is the possibility of obt,ining, by the individual
f xpr ess i n of the will of each, a en mitestation of the
will of all.
•"This would suffice to prove that the Federal Consti •
tution was not abrogated by the dissolution of the
German Diet, and that the Confederation itself remains
undissolved. In support of our assertion, we may quote
the resolution of the Diet of the 12. h July. 1848, as also
the Convention of the 30..11 Sept. last. By the resolu-
tion in question, the exercise of all rights and obligations
passed by co,urnon consent of all the states to a Central
Provisional Power. It is, thAtelore, inexact to affirm
that, in cost quenee of the dissolution of the Diet, the
Constitution was without an institution to represent it
in its totality, and which could be regarded as the con-
stitutional organ (Zits will and of its acts. This institu-
tion was created by common consent, and according to
the conditions exacted by the Constitution, it was to
remain in vigour until the thfioitive solution of the ques-
tion of the now Constitution of Germany.
" By the convention of the 30th September, Prussia
recognised the Central Provisional Power as the sue
cessor of the German Met, legally invested with its
rights and obligations."
" After these explanations we may express our con-
viction:—
" I. That the federate state projected by Prussia may
find itself in contradiction with the Federal Constitution
wbieh still exists de jure.
" 2. That it is inadmissible to draw a distinction be.
tweeu the Federal Constitution and the rights and obli-
gations resulting from the federal act, as they are inse-
parable from it, as they reciprocally balance each other,
and that such a distinction can be based only on an
erroneous conception of the Federal Constitution, a
substitution of the form for the essence,
"3. Th it, consequently, all rights and obligations
resulting from the Federal Constitution, insomuch as
they do not refer directly to the primitive form of the
federal organ, and are not, therefore, applicable to the
given circumstances, have an olject.
" 4. That it does not suffice to reserve to the states not
included in the alliance of the 26th of May their rights
and obligations guaranteed by treaties, if that alliance,
by its practical consequences, should endanger those
same rights and obligations.
" Cmsequently, it is our duty arnestly to desire
(Wir Ynu.oen dater dring•nd wunchen) that the prin-
ciples enounced by the Minister of State, Bodelschwingh,
in his official capacity, be rectified by the Prussian Go-
vernment., insomuct, as we could nev, r permit them to be
carried out (da wir dieselben nicht zur Geltung yclangen
lasses lonnert).
Your Excellency will transmit a copy of ti is dis-
patch to the Minister of Foreign Affairs, and request
him to induce his Government n pal- attention to our
just desire.—Vienna, Nov. 12, 18)9."
The Cologne Gazette states that the energetic
reply presented to the above by Count BERNSDORFE
on the part of Prussia, has elicited a formal protest on
the part of Austria, which was presented to the Cabi-
net of Berlin on the 4th. It coincides in all respects
with the prospective announced by Her VON PRO-
KItiSCEI (the Austrian Ambassador at Berlin), when
he communicated the contents of the much spoken of
dispatch of the 12th November.
It is rumoured that Count BRANDENBURG was
about to resign the Premiership of Prussia, and that
Ile would be succeeded by MANTEUFFEL.

SAXE-GOTHA.

The Diet of the Duchy of Saxe Gotha having been
summoned by the Ministry, was opened on the 31
instant, but after a sitting of a quarter of an hour it
was dissolved.