The Sun.
London, England, 1860-12-29 00:00:00

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where, are manifest proofs of this. Not to gi:OW weary is
this path, but to make redoubled efforts to advance, con-
stitutes a duty so clear and beneficial that I need ,scarcely
call your attention to it.
" Our own experience, aided by the experience of forrstlll
countries, has convinced us, as well as the greater parf; .of
Europe, that the administration of justice ought to is 0
whose
talents
w longi
il preexpe resultingeder
ie froalcea
separated from the general administration, and that justice,
in its two branches, criminal and civil, cannot proceed with
the rapidity corresponding to the other institutions of our 1
social state, without being placed under the control of pub-
licity and being conducted orally. Whilst in' all other
things, in industry and coraruerce, fie movement has become
more rapid, it is not possible that justice alone should advance
at the slow pace wh ch was no doubt adapted to the character
of past times, but is not suited to the present.
" In presence of these new circum stances, the Gevernutent
cannot hesitate to accept completely in its programme the
consequences which flow from them, and it will at the same
time endeavour to surround personal liberty with that pro-
tecting rampart to which legal nonctdpability is entitled,
and which the safety of the community cannot refuse.
" These objects, added to the progress of the time, proved
and secured as faits atcomplis in the diploma, namely, the
relief of the burdens on land and property ; the
custom-houses
emanci-
pation of manufactures from the shackles which paralysed
them ; free communications ' established throughout the '
whole extent of the empire ; the suppression of internal
the admissibility of all to public functions without regard
to rank or birth ; and lastly, the equality of all in the eye
s I theohf otphe emulationo
those nations
s document o a
of the law, will have for certain effect that the Austrian
may place himself, as far as regards personal and civil
lib,e,rAity,thbyoutghhe side;a
has acquired for them the glory of serving as models to all
others.
very short time the publication by which the political in-
stitutions instituted by his Majesty will be realised in these
provinces, I nevertheless consider it necessary to make
known to you at present the essential points calculated to
characterise the spirit which will animate those institutions,
and with which your actions ought not to be in contradic-
tion, even during the interval, if we would not cause con-
fusion in public opinion instead of enlightening it.
" I have no need to dwell on the communes and on the
independent life into which they are to enter. They have
shown in a general way that they are capable and worthy
of administering their own affairs. The force of will and
of intelligence will develop itself every day more in pro-
portion as those qualities are exercised. But it will be the
duty of the authorities—and I render you directly respell-
sible for it—to see that nothing unbecoming is ever re-
quired from the communes, and that in particular the least
possible written correspondence shall be exacted from
them. On tho other hand, where protection and guidance
are necessary, they shall be extended to them with that
loyalty and consideration which the representatives of the
State, whick protects all, ought in particular to accord to
communal corporations.
" In now passing to the provincial statutes, I must in
the first place call your attention to the fact, that his
Majesty has deigned to authorise me to admit among the
fundamental principles of them, so far as regards their
composition, the principle of the representation of interests
on the basis of immediate elections, and of an extended
right of election and of eligibility; as re,,,;ards the attribu-
tions of the provincial diets, the right of initiative, and
lastly, as regards the form of deliberations, their publicity
—principles which evidently respond the more visibly to
the spirit of the diploma of the 20th October, which has
restored the kingdoms of the Crown of Hungary, the re-
presentation of the country in the sense of the old consti-
tutions, as it was not possible to do otherwise ; in the first
place because those principles alone allow of the establish-
ment of the conformity and the harmony of political prin-
ciples between Hungary and the other countries ; and next,
because, independently of that, these principles are better
suited than others which have been mentioned to give satis-
faction to the political wants of the times. It is like-
wise in the spirit of the diploma, and particularly
of :Art. 3, which contains a clause in favour of all the
countries, without excepting those belonging to
the Crown of Hungary, that is founded this
principle that their Diets will not have to attend to
any but their own internal provincial affairs, and that, on
the contrary, their common legislative interests shall apper-
tain, in the sense of thereserve expressed in the said article,
to the common representation of the Empire.
" Moreover, that the Council of the Empire, formed in
the sense of Art. 2, requires similar qualities to those indi-
cated in the principles of the provincial statutes, and capa-
ble of increasing the importance of that body, is a natural
and inevitable consequence of what precedes. It must,
therefore, not only be allowed the initiative and publicity
of its deliberations, but it will also be necessary for it to be
appointed, leaving aside the proposition of the provincial
States, by the direct election of those States, and for it to
obtain, by the number of its members, the consideration and
moral weight necessary for the high functions assigned to

it.
" A long distance will have been travelled in the path of
political progress when the things which at this moment
recommend to your attention shall have been carried into
effect—shall have become part of the people's habits. In
requesting you to impress strongly on your minds, the spirit
in which the intentions of his Majesty require to be under-
stood and executed, in order that the firm confidence and
the voluntary co-operation of all right-thinking men, and
particularly of all political co-operators may be obtained, I
cannot abstain from calling your patriotic attention to this
fact, that all the States, whatever they be, in which are
united the essential points which form the elements of true
liberty, are those which by the side of the regulated rorti-
cipation of the people in political action, have known how
to preserve the unity necessary to power, without which
each part runs the risk of becoming the plaything of foreign
caprice.
" The decided and sincere execution of these principles
will convince the inhabitants of the Hungarian kingdom,
as well as all the others, that the Government is not less
seriously resolved on realising the political institutions
promised to the other countries, and that, consequently,
there will be no further ground to fear, with the mistrust,
formerly entertained (1 do not say whether rightly or
wrongly) that the Government only seeks to repress in one-
half of the Empire what it allows in the other ; people will
be convinced that what has been solemnly granted will be
faithfully executed in all the countries, and be equally valid
everywhere. The conformity of political institutions to
which this measure tenth; is a paint of great importance,
because it restores the peace which all patriots desire, and
also presents the fundamental condition •f the restored
economics equilibrium.
" Finally, as regards the modifications in the political
administration, I am particularly happy to be able to make
known to you that it is the express will of his Majesty that
none of the functionaries shall be the victims of the changes
which must be made in virtue of higher considerations, and
independently of their faithful and useful services. Each,
therefore, knowing his fate to be secured by reason of the
sentiment of justice of his Majesty, the putting into force
of the new political organisation cannot give uneasiness to
any one, although the number of functionaries must be
consequently diminished.
"On the other hand, it is beyond all doubt that the Go-
vernments of the small countries of the Crown, which have
been lately suppressed, ought to be re-ostablished, although
in more restricted limits, resulting from the administrative
action of the provincial Diets. But whatever may be the
manner in which the new organisation affects the position
of individuals, each person employed ought to be convinced
that I will not neglect anything to protect the faithful ser-
vants of the State from the danger of being deceived in their

confidence.
" But I strongly recommend to all functionaries to sub-
stitute, in accomplishing their duty, as far as possible,
direct action to written orders, to awaken the spontaneous
force of the inhabitants of your province, to direct and
to enlighten them, and to promote confidence by favouring
the interests which it is the first duty of each functionary
to know well ; but, at the same time, to protect the cause
of order, and to display towards the elements of trouble
and disorder the severity necessary to maintain completely
the authority of the Government. You may in that emit
on my energetic support. Those men who make an abusive
use of liberty in order to turn it aside to false paths, or to
give it dangerous exaggerations, are the enemies of liberty
and of the country.
"To adhere firmly to legality is more necessary than
elsewhere in a State where an important and even a deci-
sive transformation is in progress. To conform with in-
telligence to all that is just in public opinion, is the proof
of capacity in a statesman, and will always be appreciated
by me. Frankness in stating circumstances and situations
is the first condition of a manly character, and it is only on
such terms that reciprocal confidence can be established
between superiors and subordinates. Now, confidence ren-
ders possible common action in the service of his Majesty
in one aspect only, the spirit of the principles which I'hieasvtye
now propounded in a series of principal heads.
" SCHMERLING."

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