The Sun.
London, England, 1860-12-31 00:00:00

COUNT TELEKI.

(From thg Paris Correspondent of the, Times.)
I have much satisfaction in stating that the Em-
peror Napoleon has caused the matter of Count
Ladislaus Teleki to be taken up in a manner that
does him great credit. lam assured that strong
remonstrances have been made both to the Austrian
and Saxon Ministers here, and the conduct of the
Government represented by the latter has been
commented upon in terms of special reprobation.
The French Ministers at Vienna and Dresden have
doubtless by this called the attention of the respec-
tive Courts to the subject, and the explanations
they get are probably the same that have been
given here. They aro to the effect that Count
Teleki's case came within the scope of the
Extradition Treaty, and that he was, to all in-
tents and purposes, a criminal ; that Austria
was legally justified in claiming him, and that
Saxony, bound by treaty, had no choice but com-
pliance.

Now, setting aside for the moment the mere ques-
tion of humanity and honour, to which neither of
the two kidnapping Governments would Probably
attach any weight, the act was, strictly speaking,
illegal. Count Teleki quitted Hungary at the close
of 1848, and had no direct part in tho overthrow of
the Hapsburg dynasty. He came to Paris, where
he acted as the representative of the new Govern-
ment established in his native country ; and the
penalty of death adjudged against a man for diplo-
matic service to a de facto Government is as rare as
it is cruel,

Again, the Emperor of Austria, by his Patents
of October last, has, in point of fact, admitted the
illegality of the exceptional system which prevailed
in Hungary from 1850 to 1860 ; and this repudia-
tion should first of all apply to the military
tribunals, which, in contempt of all justice, and
especially of the ancient laws of Hungary, pro-
nounced sentence of death on so many distinguished
and patriotic men, and at the top of the list is the
sentence of which Saxony offers herself to be the
executioner.

Even had Count Teleki been judged with all the
forms of judicial procedure, Austria would not be
justified in demanding his extradition ; and Saxony
would have less right to comply. The Bth article of
the Federal Convention of June, 1833, on which the
Dresden Government doubtless relies, is applicable
to the Germanic Confederation only, and to the
disorders which may menace the internal security
of a Confederate State. It is true the Emperor of
Austria is one of the Confederate Sovereigns ; but
Hungary forms no part of the Germanic Confedera-
tion ; and the regulations which were adopted in
the interests of the Confederation do not apply to
Hungary or its populations. Of this there can
hardly be a doubt ; the Germanic Confedera-
tion did not consider it had the rights
nor was under the obligation of intervening in
1849 in support of Austria against the Hunga-
rian revolution, nor did the Confederation inter-
vene ten years later to maintain Austrian rule
in Lombardy. The Confederation has nothing to
do with the political events taking place in Hun
gary or any other non-confederate State.
The word " criminal" in the Convention refers to
robbers, money clippers, coiners, murderers and
malefactors, of the kind, and not to political re-
fugees; and the Saxon Government was so impatient
to exhibit to the world her base and gratuitous
vassalage that it did not even examine the Con-
vention by which it alleges it is bound, to see
whether the Hungarian patriot, who sought the hos-
pitality of its soil, was comprised in such a list.
As it is still affirmed on excellent authority that
Count Teleki was at Dresden on no political busi-
ness, his arrest and betrayal into the hands of the
Austrian police was not only an outrage on
humanity, but a flagrant violation of law and jus-
tice.

EXT.RADI2ION OF POLITICAL

REFUGEES.

The English press has nobly raised its voice in
condemnation of the outrage on the rights of huma-
nity eulauillted 111 the cube of Coffin LadiShttn
!eleki, both by the Austrian Government in de-
manding his extradition, and the Government of
Saxony in surrendering him. The case is too
shocking not to raise a general indignation
throughout the civilised world ; and I think it will
be a matter of national satisfaction to the English
public to be reminded of the fact that the principles
set down by the English Government in a remark-
able precedent are in perfect accordance with the
sentimentsef public opinion on the subject. I say
so on the authority of the Blue-book presented to
Parliament on the 28th of February, 1850, respect-
ing the Hungarian refugees.
After the sad catastrophe that put an end to the
Hungarian war of independence in the month of
August, 1849, a great number of Hungarians and
Poles sought refuge on Turkish territory. Austria
and Russia, elated by success, and backed by large
armies partly drawn up on the frontiers, partly
stationed in the very heart of the Danubian Princi-
palities, demanded the extradition of the refugees
(28th and 29th August, 1849). Sir Stratford Can-
ning (despatch No. 3, Sept. 3, 1849) thus wrote to
Lord Palmerston :—" On grounds of humanity, not
unmixed with considerations affecting the Porte's
character and future policy, I have not hesitated to
advise a decided resistance to the demand of extra-
dition." " I was happy to learn from General
Anpick that his views of the matter were entirely
similar to my own." " The council met on the 30th
August, and decided that the Porte could not,
without dishonour, give up the refugees."
On the 4th of September Prince Radsivil arrived
at Constantinople with an autograph letter from
the Czar Nicholas to the Sultan, couched in very
strong language, demanding extradition of refu-
gees, and both the Russian and Austrian ambas-
sadors declared that the escape of a single refugee
will be taken for a declaration of war.—(Sir Strat-
ford Canning to Viscount Palmerston, No. 5, Sept.
5.)

Up to the 16th September (No. 11) the question
had assumed not only a serious aspect, but a
character of immediate urgency. Russia and
Austria were determined to obtain possession of
the refugees; their representatives, prepared to

go the full length of diplomatic intimidation in
order to force the hands of the Porte, had sent
in official notes, repeating their previous peremp-
tory demand, and suspending their diplomatic
relations with the Porte from after that evening,
unless a categorical and satisfactory answer were
given in the meantime. Sir Stratford Canning,
whilst acknowledging that " the demand was too
seriously entertained to warrant any line of con-
duct in resistance to it, not formed in contempla-
tion of the worst," informed Lord Palmerston that
" he would have thought himself highly to blame
had he concealed from the Porte his conviction that
by submitting to the imperious demands they
would dishonour themselves, and their country,
and violate the common principles of humanity.
The French minister, General Aupick, entirely con-
curred in these views, and both determined to
support the Porte in what they considered to be a
question of humanity, right, and honour.
At this juncture of affairs the Porte submitted
some queries to the English and French ministers,
with the declaration that upon the answer would
very much depend the decision of the council. The
fourth of these queries was :—" If Russia were to
declare war, in what way would it be regarded by
England and France, and in that case could the
Porte count upon the effective co-operation of those
two powers ?" To this query Sir Stratford Can-
ning and General Aupick answered that " it was
plainly to be presumed that the two Governments
would condemn the supposed conduct of Russia,
and would not leave the Porte without support,
should it be necessary."

Upon this the Sublime Porte insisted on their
refusal to deliver up the Hungarian and Polish re-
fugees. The Turkish government at the same time
instructed their minister at London to say to Lord

Palmerston that the Sultan, having exposed himself
to serious risk in order to preserve his honour and
to, remain faithful to the laws of humanity, the

Ottoman Government in no way doubts that the
English Government will hold itself ready to afford

~ in case of necessity, moral and material support.
Lord Palmerston on receipt of this commpicii7,