The Sun.
London, England, 1848-11-08 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING NOVEMBER 8, ;fl4ll.

written in bloody characters on the plains of Lom-
bardy, and branded on those of Hungary in the
smouldering ruins of her habitations. The whole
world witnessed the progress of Imperial treachery,
and the Viennese were neither blind to the crimi-
nality of their rulers, nor to the awful perils of their
own situation. The dignity of Italian independence
was trampled upon ; the glory of Hungarian
nationality was insulted ; the might, and the
right, and the grandeur and the sublimity
of the freedom of the German race was
outraged—and the Viennese rose like one man in the
majesty of their abhorrence and indignation. At
that great rising of the capital of Austria—that
rising, the like of which for suddenness and unanimity
has never been seen, except in Paris, and on the days
of February—the EMPEROR was aghast, even within
the strong walls of his palace of Schonbrunn. lie
fled like a criminal, and was followed by the panic-,
stricken supporters of his policy. One wretched man
alone—the most guilty, because the most unscrupu-
lous of all the Imperial conspirators—was captured
by the populace, and in the agony of that
paroxysm of wrath, he was sacrificed by the
hands of the multitude. If ever human being
deserved the punishment of death it was LATOUR.
That punishment he merited by his crimes against
the people ; and, in reading the details of his de-
struction, we have only reason to regret that his exe-
cution was not more judicial in its character, and less
horrible in the torments of its prolongation.
Since these occurrences, however, an extraordinary
reverse of fortune has marked the history of the
Austrian metropolis. After remaining entirely under
the direction of the National Diet, presided
over by Faanz SMOLKA, and of the Muni-
cipal Junta called the Aula, possessing an
authority equivalent to that formerly vested in
the Commune deParut,,Vienna has fallen under bom-
bardment carried on by sixty er seventy thousand
disciplined troops, aided by the barbarian cohorts of
JELLACHICH, the Ban of Croatia, and conducted
under the generalship of Field-Marshal the Prince
WINDISCHGEATZ. In spite of the indomitable courage
of the workmen and peasantry, in defiance of the skill
of the military commander the Polish General Bzm,
notwithstanding the terrible havoc caused by the ar-
tillery of Baron RUSE; and the order preserved
among the National Guards under the su-
preme direction of MIISSENHAUSER, the city
was compelled to capitulate on the first of this
present November. Its walls and public
buildings were completely in the possession of
WINDISCHGRATE, and a number of prisoners had been
already taken and incarcerated in the dungeons of
Hetzendorf. Beyond this, the Diet is prorogued
until the 13th instant, when it is convoked, to re-
assemble at Krein, and the soldiers of the Prince
WINDISCHGRATZ have been distributed in imposing
numbers throughout the capital to keep' their heels
upon the throats of the people,tamong the ashes and
blood with which the desolated streets are soddened.
Such is a simple narrative of the recent occur-
rences which have transpired in the metropolis of
Austria. Such, in brief, is a history of the crimes
of FERDINAND and of the misfortunes of his heroic
but ill-doomed people. And it is this catastrophe
which is now eliciting from the Tory press of London
shouts of such frantic and hideous exultation,! We
blush to recognise the influence exercised over the
temper and disposition of our contemporaries by the
damning fanaticism engendered by political party.
Our whole soul revolts at the spectacle which evinces
such an entire absence of all the nobler and holier
emotions inspired by the commonest senti-
ments of humanity. What I is the massacre
of a noble race like the Viennese a race
whose crime is patriotism, and whose guilt is a revo-
tion if possible still more justifiable than our own
Revolution of 1688—is the butchery, we ask, of a
people burning with devotion for the cause of free-
dom and nationality, a fitting subject for these brutal
and despicable yells of rapture ? Is the triumph of
millions—and those millions zealous in their yearning
for a generous and rational constitution—an appro-
priate cause for fury and lamentation ? And is the
victory of one miserable man—and that one the
incarnation of everything base, and ruthless, and
despotic, and grinding, and unendurable a
just occasion for the cries of joy and the
language of gratulation ? For ourselves, we know
not in the records of any nation, however cursed by
calamities, or however subservient to the whims of a
despotic Monarch, we know not either among the
Shahs of Persia, or among the Maharajas of Hin-
dostan, among the Borgias of Italy, or among the
Czars of Russia, any event of such appalling atrocity
as that which has just occurred at Vienna, when the
walls of that noble city were beaten down by the can-
non, and its inhabitants cut to pieces by the swords of
the mercenary troops of the tyrant who calls himself
their legitimate SOVEREIGN. Our fellow-coun-
trymen should note well the circumstance of
the effect produced by this unexampled act of
despotism and inhumanity upon the hearts and imagi-
nations of our Tory contemporaries. They should
bear this revolting rapture in remembrance,:and cher-
ish in their recollection its only apparent inference.
Thanks, be to Heaven, the crimes of the KING and
the KAISER areas certain of producing their expiation
as those of the lowliest serf in Lithuania! Austria
is now not only certain of its Liberty, but also of its
Vengeance.

The decision of the Court of Exchequer in the case
of " GOTMOUR v. BUSSILL," a portion of which was
reported in our impression of yesterday, is of deeper
importance than might be supposed on a mere casual
perusal. At first sight it appears a matter of very
little consequence to any but the parties immediately
interested whether a verdict of 201, was recorded fbr
the plaintiff, or whether the technical objection taken
on behalf of the defendant was successful and suffi-
cient to defeat the claim. Indeed, if any feeling was
excited it would have been one of satisfaction, that
substantial justice had prevailed, and that the de-
fendant had been punished for making improper use
of the powers vested in him as one of her MA-
JESTY'S justices of the peace, which he had
apparently perverted, for the gratification of his own
vindictive feelings. On more mature consideration,
however, the matter will probably be regarded in a
very different point of view. There has been some-
thing very like an invasion of the functions of the
jury, and a decision was arrived at totally opposed to
that which the jury intended to return. The facts
lay in a very narrow compass. It appeared that the
plaintiff had been in the service of the defendant, and
had been discharged under circumstances that led to
subsequent litigation. This fact would appear to
indicate the existence of an unfriendly feeling
between the parties. After his discharge he had
visited the defendant's premises, and some suspicion
being excited that he did so for the purpose of taking
away some articles belonging to the defendant that
had been thrown into an adjoining sink, he was given
into custody on the charge. The accusation was
afterwards withdrawn, he was released, and the
action was brought for the imprisonment he had thus
suffered. The defence set up was that the defendant
had acted in his magisterial capacity, and that he
was consequently entitled to a month's notice of
action: pursuant to the statute. This was
the question upon
which the result of
the case depended, o
trial,
told h
and (the Learned Judge
who presided at the
should fid a nYvcetre ddi "thatoitnf ohr if i
sh
i theymma,
thought the defendant had b ; gesterial capacity, they
but as he was doubtful whether 4h ere was
.sufficient
evidence to go to them on that point,
ts he
et
oe expense and
alswohdiethrectthede
Court
that they should assess the damage
Plaintiff would be entitled, to save
delay of a new trial, in the event of the Cu
think-
ing differently on that point. These were the p point,
left to the jury, and they were clearly bound to
return
answers to each. After some delay they returned
into court, during the progress of another case, and
stated, " that they found for the plaintiff, damages
201.," and the verdict was threfore entered in due
course. The other question, as to the bona fide*, was
not however asked and the jury, within a few
minutes, returned into court, stating " that there was
some mistake ; that they had only returned the sum
at which they assessed the damages in pursuance of
the direction of the Learned Judge, but that
they expected to be asked whether the defendant,
had acted boxa fide in his magisterial capacity
which question they had resolved to answer in
the affirmative." His Lordship, however, de-
clined I
to interfere, and the verdict remained for

the plaintiff. Under these circumstances there was
an application for a, new trial. Nine of the jurors
who tried the case made affidavits as to the correct-
ness of the above facts, and that it was their "intention
to have returned a verdict for the defendant." The
Court yesterday refused the application, on the fol-
lowing grounds :—The Lord Chief Baron, who pro-
nounced the judgment, said, " Admitting that the
jury had given in their verdict under a mistake, and
hid: intended to ,find that the defendant had caused
the plaintiff to be imprisoned under the bona fide
belief that be was acting in the execution of his
character as a magistrate, substantial justice would be
administered by leaving the mistaken verdict alone ;"
for if the verdict recorded by the jury bad been re-
corded, it wou/dat once have been set aside as:one un-
supported by 'Pie evidence."
Now, with the utmost respect for the Court, we
must protest most. strongly against that decision. We
do not mean to justify the conduct of the defendant,
or to assert that the result did not meet the " sub-
stantial justice "''of the case, but that justice was
attained, we submit, in an improper manner.
According to the constitutional law of the land,
it is the province of a jury to decide exclusively
upon the facts of every case submitted for
their decision. The presiding - judge may
assist them by summing up the testi-
mony of the several witnesses and by commenting
on the different points, but still it is the duty and the
privilege of the jury to decide for themselves after
having heard the evidence and the charge, and any
encroachment upon that privilege we must regard as
an unjust and unwarranted usurpation. If they
arrive at a wrong conclusion there is a recognised
and adequate remedy—a new trial may be applied
for. on the ground that the verdict was contrary to
the weight of evidence, and if the Court should be
of that opinion, a venire de , novo will be issued,
and the point or points again submitted to the
judgment of twelve men, sworn to return
an impartial decision between their fellow-subjects
That would be a correct and proper course, against
which no objection could be offered. But in the
present instance a question perfectly decisive as to
the case was expressly left to the jury. A verdict
was taken which it is admitted was altogether con-
trary to the intention of the jury, and the acknow-
ledged 'mistake was founded upon the manner in
which the judge had submitted the case, leaving two
questions for them to answer. " Extreme cases," it
is said, " make bad precedents." The Court might have
been anxious to punish the misconduct of the defendant;
but they should not on,that account strain the law,
and violate the constitution, or sanction and confirm
a verdict, snatched by surprise, and contrary to the
real intention of the jury. Justice may be promoted
in the present instance, but grievous injustice may
be the result of the precedent thus established upon a
future occasion.

THE FRENCH REPUBLIC.

We have received the Paris papers of yesterday.
The Rue de Poictiers Club has determined not to
propose any candidate for the Presidency of the Re-
public, moved thereto by a speech from M. TUIERS,
of which the following report has appeared in the
papers :--
"The Honourable Gentleman declared that he was
perfectly disinterested in the question, for he had re-
fused the candidateship for the Presidency which had
been offered to him by the several departments. He was,
he said, neither candidate for the Presideney nor for the
Ministry under either of the Pr:sidents who were likely
to be chosen. He was neither acquainted with General
Cavaignac nor Louis Napoleon; he was neither animated
with a feeling of affection nor of dislike to them ; his
only object was to seek out the means of procuring the
future happiness of the country. General Cavaignac ap-
peared to him to have an indecisive policy, which might
incline him in certain cases i❑ a direction other than
towards the Moderate party, and for this reason he felt
with regard to him a kind of mistrust, not of him
personally, but of his opinions. Certainly General Ca-
vaignac would be better than the Governments which
preceded:him since February 24, but ho was not so de-
sirable as to induce him to make an effort in his favour.
The country was at this moment strongly in favour of
Louis Bonaparte, and in order to counteract his influence
an effort would be necessary, but which would be with-
out motive, since sufficient confidence was not felt in
General Cavaignac to excite interest in his favour. The
question then was, whether it would be right to pro-
pose a third candidate to the country in the name of
the Club of the Rue de Poictiers He thought not.
He thought the proposal of a third candidate would
injure the Moderate party. Such a candidate would
only have the support of a part of the Moderate
party, the rest would inevitably support Louis Bona-
parte. The consequence of that would be, that neither
would obtain the absolute majority in consequence of
the division of votes, and the election would have to be
made by the National Assembly, and it would undoubt-
edly choose General Cavaignac. By proposing, there-
fore, a third candidate, the election of General Cavaig-
nac would be secured. If, therefore, his election was
wished, it would be better to promote it in a straightfor-
ward manner, and not indirectly. Advantageous re
sults might be even obtained for the country by coming
to an understanding beforehand with the gallant Gene-
ral, and demanding from him a programme; an engage-
ment, with regard to certain Bills to be withdrawn or to
be presented, and relative to certain selections to be
made or to be revoked. By so doing his success would
be secured, and he would be elected by a victory, and
not by a defeat, of the Moderate party. He should
therefore say, let there be no third candidate pro-
posed by the Moderate party, for that would be
tantamount to declaring the unconditional election
of General Cavaignac by the Assembly. It would
be, moreover, the division of the Moderate party,
which counts at least nine-tenths of the whole number
of electors, and who would vote, a part for the candidate
proposed by them, and the rest for Louis Bonaparte.
For these reasons we should propose to let the country
follow its bent, and not propose a third candidate. It
had been said that every member of that Club was placed
in an embarrassed position, and that they ought to get
out of it by proposing a candidate. In his opinion they
should each get out of the embarrassment by giving
conscientious advice to those who might consult them.
It had been said that the country was misled, and that
the members of the Club of the Rue de Poictiers ought
to resist the movement. And why, he would ask?
It certainly was not they who created the embarrass-
ment. Those who had created it were those who
since the 24th of February had governed France in
such a manner as to fill her with uneasiness and bow
her down with misery. France thus situated sought
for a name most opposed to those he had mentioned, and
it is as for that reason she fixed her attention on Louis
Bonaparte. The fault, therefore, lay with those who
had governed the country for the last eight months. He
did not even know Louis Napoleon; he had nothing in
common with him; he did not labour in his behalf; but
to stand an opponent to him would, he repeated, be to
divide the Moderate party in a disadvantageous manner,
and to procure the triumph of General Cavaignac with
out having obtained any satisfactory guarantee from him.
In such a state of things his advice was that they should
have no candidate of their own, but that each should re-
commend the one he preferred.
"After the speech of M. Thiers, the meeting came to
a vote. Out of about- 200 members who were then pre-
sent only 37 voted for the nomination of a candidate,
and more than 150 voted that no candidate should be
proposed by them."

From this decision it is evident that the members
of the reaction think the time is almost ripe for an
attempt at a restoration, and that they would not be
sorry to see even the advent of a Red Republic, in order,
as CemlLLe DESMOULINS said of their predecessors
in the cause of reaction, to drive liberty mad, that they
might disgust the world with her. In consequence of
this decision several of the moderate Republicans
have left the club : among them is M. DEGOUSIME,
who has addressed the following letter to the presi-
dent :

" Paris, 6th November, 1848.

" Mr. President,—l beg of you to inform the club of
the Rue de Poictiers that I can no longer remain a mem-
ber of it, and that I request it to accept my resignation
of the office of vice-president.
" I owe to the members of that meeting, who have
constantly honoured me with particular kindness, to
make known to them the motives of my retirement.

• nt
rally frankly, and without any
affections, it would
Republic; that its arrierepensee, to the democratic
since eTihtes
and moderate direction,
meeting, composed mdpeaterded of diverse
and
that,
lrfsoveregdeel
forgetting
negtnh teas ,acoun-
try,and to oppose those who
ob-
ject was to give it a
who,
by endeavouring
force, could not do
it upon the country by fear. a
Faithful to these prin-
ciples,
the
supportedrnee t meeting
gt
the has
have passed
that the difficult times through which we
have forced it to adopt. Governmentrendere gr.e.iant
aslelrvtihceesm, end has
sible change took place in the sirit of our discussions;
r ,
i.g.
nTehde
ammoonagt
scompletea b
ouan
ti oan
al hadon th for
ago, awhlciennga time
reigned amongst us till about a month ago, when a sen-
and our last sittings have demonpstrated to me that the
Republic is therein rather tolerated as a temporary ne-
cessity than supported as the only form of government
that can insure the happiness of the country. Having
been during the whole of my life devoted to Republican
principles, which require a perfect freedom of opinions,
I cannot admit that in the fear of making known to the
country its divisions into a majority and minority, a
meeting should abstain from making known the candi-
date for the Presidency it thinks most apt to consolidate
the Republic, and insure the well-being of the country.
At the sitting on Saturday there were 150 members pre-
sent. Of these 37 concurred with me, and 52 were op-
posed to the choice of a candidate; the rest abstained
from Toting. For myself, Who have never dissimulated

my convictions I should have thought that I was want-
ing to all the antecedents of my life it I c,,ntinued to
make one of au assembly which abandoned the country
at the moment when it needs the concurrence and intel-
ligence of all its citizens.
" Accept, &c.

"DEGOUSSEE."

The reply of General BARAGUAY D'HILLIERS
may be considered as almost an open repudiation
of Republicanism on the part of the Republicans of
Lendemain :

" Paris, Nov. 6th, 1841.
" Sir,—The letter by which you send me your resig-
nation as vice-president of the Club of the Rue de
Poictiers, and in which you also announce to the meeting
that you are to be no longer considered among the num-
ber of its members, has just reached me, and I hasten to
acknowledge the receipt of it.
" Your letter, sir, will be read at the next meeting;
but permit me, as president of that meeting, to observe
to you that I am the more particularly surprised to find
that you have so misunderstood the spirit which animates
us, because you have been among us for a long time, and
you may have seen how every one, at our sittings, had
the right and the liberty to form his opinion, as you
yourself have frequently experienced; and that in
naming you as one of the vice-presidents, the meeting
has given a striking testimony of its desire to conciliate
all men who are friends to order and to the happiness of
their country.
" If at the last sitting the meeting did not adopt your
advice, and proclaim itself in favour of the man of your
affections as a candidate for the Presidency of the Re-
public, if it thought fit to remain in perfect independence
of the future choice of the people, whatever it may be,
and not in advance to raise any hostility against him—
instead of seeing in this any change of its principles, and
the line of conduct it has constantly endeavoured to fol-
low, you ought to have acknowledged the prudence and
discretion of which it has on all occasions given proof.
You say that 37 members against 52 participated in your
opinion. Permit me -here to rectify an error. There
were nearly 200 members present, and if I abstained
from counting a greater number of opponents to the
measure you proposed, it was because the formality
became useless. You find that the 150 other members
who contended against it abandoned the Republic
and the country at the moment when they had
most need of the concurrence and intelligence
of all the citizens. Permit me, sir, to believe
that they know better tban you do the interests
of France, and have given a striking testimony of this
by not suffering themselves to be led into the path which
you wished to open to thorn. The Club of the Rue de
Poictiers will never be unfaithful to its mission. It
wishes for the consolidation of order, and it will con.
sternly repel every measure which may again plunge
the country into anarchy. What it desired at the be-
ginning of the session it still desires. France, which has

so well appreciated its votes, will pronounce between it
and ) ou. _

" Accept, air, &c.,
" General BARAGUAY D'HILLIERS."

At a meeting of the Club of the Institute, it was
determined that a ballot should take place, and that
the candidate who obtained the majority of suffrages
should be put forward as the candidate, not of the
club, but of the majority. On the ballot General
CATAIGNAC obtained a considerable majority.

"It was said yesterday at the Chamber," says the
Union," that the explanations which hare taken place
between M. LEON FAUCHER and M. LEDRU ROLLIN
were on the point of being terminated in a manner
altogether pacific, in consequence of the intervention
of mutual friends."

The vice-presidents and secretaries of the Assembly
were elected on Monday for the ensuing month. The
vice-presidents are MM. Bnuo LACROSSE, General
BEDBAU, MM. LEON DE MALLBVILLE, CORDON, and
HAVIN. The secretaries are MM. PEUPIN and
HECKEREN.

The Committee on Public Worship has adapted the
proposition of M. ISAMBERT for giving retiring pen-
sions to ecclesiastics.

The Commission of Clemency appointed by General
CAVAIGNAC has recommended 994 of the insurgents
of June for immediate liberation, and they have been
liberated accordingly. The Commissioners have been
instructed to form a second category of those persons
who, since their imprisonment, have given proofs of a
return to ideas of order and respect for the law, and
to prepare a list of three categories,-Ist. Those who
appear disposed to enter on a better course, and who
may be hereafter objects of clemency ; 2dly. Those
whose amelioration is doubtful ; and idly. Those who
appear decidedly incorrigible. The Commissioners
will set out immediately for Brest, Lorient, and
Cherbourg.

The Moniteur of yesterday publishes the text of
the Constitution as finally adopted by the National
Assembly, and also the decree relative to the ceremo.
nies to be observed at the proclamation of the Con-
stitution.

The Moniteur also publishes a decree appointing
the meeting, of the Councils-General of the Depart-
ments for the 21st of November.

SPAIN.

Madrid journals of the Ist November have arrived.
Alarming news had been received from the northern
provinces in the course of the morning, and a Cabinet
Council had been hurriedly called, and was sitting in
deliberation when the post left. It was said that
CABRER ♦ _had surprised and utterly annihilated a
large body of Government troops at Tortosa. That
the insurrection is spreading in all parts of Spain,
and has now assumed a most formidable character, is
evident from the admissions of the organs of the
Government.

The Heraldo publishes a letter from Huesca,
which says that a numerous Carlist band has invaded
that province, in which it has been levying contri-
butions for four days, and seizing and selling
salt (a royal monopoly) in various towns; and the
letter adds, that unless the military force of the pro-
vince is greatly increased, the enemy might overrun
it without finding the least obstacle opposed to him.
The Carlists, it is said, are in possession of the towns
of Graus, Castro, and Barbastro. In the province of
Valencia Colonel SCUDRA, a Progressista officer, re-
volted at Concentania on the 25th, at the head of 200
men. He attacked the Queen's troops the next day,
and defeated them, taking from them their baggage,
and forcing them to retreat. He himself directed his
march towards Planes. Another Progressista chief,
named Dxstomo, at the head of 300 men, has taken
possession of the villages of Alhaya and Onteniente ;
and a third column, of about 60 men, commanded by
GATo, is scouring the country in every direction
without any obstacle. In the environs of Cullosca
there is also a strong body of Progressistas, under the
command of Colonel ABAD, who it- was rumoured had
taken possession of the town.

Letters from Pampeluna confirm the report of the
rising of the Cinco-Villas, and state that 60 of the
QUEEN'S ca►alry have gone over to the insurgents.
The democratic movements is represented as daily
spreading and becoming more formidable. Reinforce-
ments were arriving every day, especially at Sara-
gossa. It was reported at Pampeluna that the poli-
tical chief of that place had received information of
an insurrectional movement at Vittoria and its neigh-
bourhood.

The Bois& was closed on the Ist, it being Al
Saints' Day.

tt•e arrival of the troops at the Imperial palace, the
houses of the 1( gations, and the public edifices. The
same exception extends to the guards whom the Com-
munal Council for the maintenance of public order shall
de, m it necessary to place at the various streets, as well
as to the guards of public safety.
"7. The arms of the National Guards who have come
from Gratzburranding shall be deposited as above, and
afterwards restored to their guards in their own
country.

" The Communal Council shall declare to his Excel-
lency Prince Wirdisehgratx, on this 30th day of October,
at three o'clock Pal, that it accepts the above conditions,
otherwise the military measures hitherto employed shall
be continued. If these conditions be accepted, they are
to he put into execution on October 31st, at noon, at
the latest."

To these terms the Communal Council agreed, but
the National Guards were averse to the capitulation.
In the meantime the Ilungarians had approached,
and a terrific battle was raging between the llunga-
rians and the Imperialists under the walls of Vienna;
accordingly MEM/MAUER, the Provisional Com-
mandant of the National Guards, issued the follow-
ing proclamation :
" The battle appears to be drawing towards Oberdin
and Inv rtdorff.

" The fog prevents one from bating a clear view ;
hitherto the Hungarians appear to be advancing vic-
toriously. In case a defeated army shall approach the
wall of the city, it will be the duty of all the Land-
wehr bodies to get under arms, even without command.
(Signed) " MESSENH AUER,
" Provisional Commandant.

" Vienna, Oct. 30, 1848, Quartor to Ten,
In consequence of this proclamation the resistance
was resumed, the city was bombarded, and WINDISCII-
GRATZ on the 2d of November took possession of the
city.

Numerous arrests were made, and the Prince
issued a proclamation, declaring of no effect the con-
ditions of the first capitulation, on account of its
rupture by the Viennese. He accordingly issued new
conditions to the following effect :—" The Academic
Legion is totally dissolved ; the National Guard is
dissolved for an indefinite.term ; all the journals and
associations are suspended; no greater number than
ten persons allowed to assemble in the streets; domi-
ciliary visits to search for arms and persons not be-
longing to the city."

The Diet is prorogued for a fortnight.. The Ger-
man deputies would wish to assemble at Vienna, but
it is supposed impossible for the Diet to sit there any
longer. WINDISCHGRATZ declares that the Diet was
a party to the rebellion, and that he will only
acknowledge as legal the Diet sitting at Kremsier.
The Diet attempted to assemble on the 2d of
November but Prince SCHWARTZENBERG came up to
the hall on horseback, azd caused the doors to be
closed, and occupied with military the avenues to the
tribune, and the sitting was then forcibly adjourned.
The city is in a frightful state. Treachery and
informations are universal. Persons of the least in-
fluence are arrested in the streets. The gates of the
city are closed, and all communications with the fau-
bourgs prevented.

The following telegraphic dispatches have been
forwarded to 011mutz by General ROMBERG to the
Minister WESSENBERG :

" VIENNA, NOT. 1.
"I have just caused the barricades to be removed from
the gate of the Red Tower, and within half an hour I
shall have protected with infantry and artillery the Red
'rower and its environs. I experience no resistance.
The populace and the students nowhere show them-
selves. The enemy's cannon have been carried to the
Arsenal. A large number of guns thrown down by the
combatants are at the Red Tower. The fire has not
occasioned any considerable damage to the Imperial
Palace, or to the Cabinet of Natural History, or the
Library.

" NOON.
"The barracks at Salzgrus, the Imperial Arsenal in
the Rengasse, and all the military posts oa the Boule-
vards and at the Palace are occupied by us. The tau-
bourgs are also in our hands, and disarmed. Perfect
tranquillity is established, and the disarmament has
begun in the city."
A letter from Florisdorf of the 31s ult. says :
" Not only have the Croats pillaged the faubourgs of
Vienna, but they have also committed assassinations,
which have greatly contributed to increase the irrita•
tion and the resistance.

According to another letter from Florisdorf, of the
Ist, an hospital containing 700 wounded had been
destroyed by fire.

These assassinations and robberies, committed by
the horde of plundering Croats, led, no doubt, to
resistance on the part of the Viennese, in self_
defence, and thus that unfortunate collision took place
which led to the bombardment of the city.
Had JELLACIIICH restrained the brigand propensities
of his Pandours, whose profession is rather that of
plunder than of war, the capitulation would in all
probability have been observed.
A letter from Prerau, of the Ist, after detailing the
events of the 21st, says—" The Viennese were be-
trayed by an adjutant of General BEM, who pointed
out to IITINDISCHGRATZ the most advantageous point
of attack against the city. On his return the traitor
was shot."
The ammunition of the 'Viennese was nearly ex-
hausted, and to this circumstance alone WIN-
DISC HGRATZ may attribute his present possession of
the city.
The Prussian Staats Anzeiger publishes a letter
from Vienna of the 2d Nov., which says—
" The conflagration in the castle has been extin-
guished, and is said to have occasioned but little da-
mage. Though the cupola of the library was in flames,
all the book are said to have been saved, and the fine
monument of Canova, in the Austrian church, has also
been saved, and even the cabinet of natural history has
not suffered any damage.
" To-day the city is strongly barricaded, and the
houses are being searched. We learn that the Ger-
manic-Austrian troops are to remain here, and the divi-
sion of the army which is not German has been ordered
-to observe and pursue the Hungarians. Schutte is said
to have been arrested in the convent of Newburg-Kuster,
in Lints. The aide-de-camp of Bern, also, has been
seiEed, but th• General himself has hitherto escaped.
Other journals state that Bern effected his escape dis-
guised as a priest."
During the course of the bombardment the palace,
the library, and several public edifices and churches
were on fire ; but, with the exception of the Augus-
tine and Capucine churches, which have suffered
severely, the fires that menaced the rest were extin-
guished without committing ravages to any extent.
The invaluable contents of the public library have
not suffered. It is understood that none of the Le-
gations have suffered except that of Prussia, which
took fire, and whereon a shell fell, and, it is said,
wounded one of the persons attached to the mission.
Letters from 011mutz, of the 31st ult., state that
the deputies of Bohemia have taken steps in favour
of the inhabitants of Vienna. They have presented
an address to the EMPEROR, in which they declare
that the severity of Prince WINDISCHGRATX would
cause the ruin of his capital, and that the proclama-
tion of the Prince of the 23d October was not in
accordance with the benevolent declarations of his
MAJESTY. They consequently pray that his MA-
JESTY will prevent the execution of extreme mea-
sures until every peaceful means of arrangement
shall he proved to be unavailing, and they supplicate
his MAJESTY that he will be pleased to appoint persons
possessing his confidence to undertake the important
work of re-establishing peace.
It is reported that a Ministry is formed as fol.

lows :—WSSSENDERG, President of the Council ;
Princei SCHWARTZENBERG, Foreign Affairs ; BACH,
Interior ; BUEHNER, War ; llEtraux, Public Instruc-
tion ; and I3aacx., Commerce.
The Prussian Monitor of the 6th publishes the fol-
lowing from Moravia :
.‘ BRUNN (MORAVIA), OCT. 81.—The attempts at se-
dition that took place yesterday have assumed a more
alarming character thia morning. During the night
bands of men paraded the suburbs, bearing lighted flam-
beaux and singing songs. One house was pillaged at the
Dornieh, End at another place they emptied a cask of
wine. This morning all the shops are shut, the guards
are under arms, and have occupied all the important
points of the city. Every effort has been made to calm
the irritation of mind of the people, particularly
by informirJg them that negotiations fur peace have
been opened at Vienna. The srdiiuua possessed them-
Pelves of aons, and appeared before the factory of Mr.
Brasgister to seize the arms there, when a terrible
struggle en: ued. The National Guard, being attacked
with stones, fired upon the people, when thirty were
wounded anal two killed. The law against public as-
semblages it & the streets has been published, and several
arrests have been made. The National Guard and the
military Iterp possession of the city gates.
" One o'clock p.m.—We are happy to learn that the
,?isturbarwes have been completely suppressed. The
National tau ard, in conjunction with the troops, declared
themselves I,gainst the workmen, who were excited to
violence by :the proclamations of the Democratic Asso-
ciation, rend. succeeded in restoring tranquillity. Se-
veral of this workmen have been wounded, and some
killed."

of the mission confided to him by the KING of form-
ing a Ministry :
" We, Frederick William, &c.,'
"Have duly considered n address from the Constitu-
tional Assembly, pres( nu-A to us yesterday, and to which
we make the following reply:—
" Firmly resolved undeviatingly to follow the con-
stitutional path which, in conformity with the wishes
of our people, we have entered upon, we have charged
Lieutenant-General Brandenburg with the formation
of a new Ministry, for we are well assured
of his sentiments, :and that he will actively co-operate
in the firm consolidation of constitutional liberty.
If he succeeds in this he will, we maks no doubt,
gain the confidence of the country. Any other Ministry
than one from which we expect this—and of this the
representatives of our faithful peep', may be assured—
will not be intrusted with the government of the country;
hence it is utterly impossible, without the fullest con.
firmation of the intimated reports, we should read the
commission with which we have charged Count Bran-
denburg.
" We have nevertheless much pleasure in receiving
the acknowledgment that our hearts beat for the weal of
the country, and we hope that in the conscientious pro.
secution of this object this will ever be the case, in
unison with the wishes of our faithful people, and that
their representatives will always support us.
(Signed) " FREDERICK WILLIADI.
(Countersigned) " EICHHANN."
This Message was communicated to the Assembly
in the evening sitting of the 3d. In making the re-
port to the Assembly of the manner in which the
KING had received the deputation, the Deputy Enna
stated that when his MAJESTY had received the ad-
dress, and was turning towards the door, the Deputy
JACOBY stepped forward, saying, " Your MAJESTY,
we have not come here merely to present an address,
we have come here to inform you of the state of the
country. Will your MAJESTY be pleased to listen."
His MAJESTY replied "No," and immediately crossed
the threshold. The Deputy called after the KING,
who was retiring, " That is the misfortune of kings,
they will not hear the truth."

'the Diet strongly reprobated this proceeding on
the part of the Deputy JACOBI%
The sitting then passed a resolution that JAconr
had overstepped the limits of his mission.

TheKir4Chas not accepted the resignation of Count
BRANDENBURG.

In the sitting of the Assembly, of the 4th, M. DR
BERG put the two following questions to the Minis•
try :—Why the Ministry was not present with his
MAJESTY when the deputation of the National As-
sembly waited upon him, the day before yesterday ?
and, What the Ministry had done relative to the
resolution of the Assembly of the 30th of October,
touching the affairs of Vienna ? To these questions
no answer was returned, and the Assembly adjourned
until Monday.
Up to the sth instant Berlin continued tranquil.