The Sun.
London, England, 1859-01-07 00:00:00

THE SUN, LONDON, 'FRIDAY EVENING, JANUARY 7, 1859.

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AUSTRIA AND FRANCE.

(From the Continental Review.)

There can be no question but, that *probability
of Austria and France coming into speedy collision
on the plains of Lombardy liecomes every. day
greater. There are numerous stories current to
show how open the separation between the
two countries has become, and the Emperor, rarely
as he allows his policy to be divined frotn his per.
sonal conduct, is said to have been much more
explicit than usual when addressing Baron Hubner,
the Austrian Minister at Paris. But it is not by
the diplomatic differences of Emperors and Minis-
ters that the- chances of an impending war are
really to be calculated. The state of Italy is such
that some explosion is sure to take place before
long. The upper classes of the Lombards are now
in a state of open disaffection and numberless signs
are given that the breach between them and their
masters is not to be bridged over, and that they are
preparing to try once more the issue of a struggle.
Austria answers their attacks with increased seve-
rity on her part, and the daily life of the two
nations in Italy has become one unending series of
petty skirmishes. The Italiaushave given up their
favourite luxury of smoking, lest the tobacco duty
should swell the Austrian revenue. The Arch-
duke could not give a ball on Christmas-day, be-
cause no one would go. Directly he appeared in
his box at the opera the audience would have re-
tired en masse had not the police prevented them
from quitting the theatre. On the other hand,
Madame Ristori has been refused her passport for
Naples because she is supposed, in the character of
Judith, to have appealed to the patriotism of the
Italians. The University of Pavia has been prac-
tically broken up, because the students were sus-
pected of revolutionary designs. Everything is
ripe for an outbreak, and the most serious of all
the symptoms is, that those who have most influence
with the Italians promise their supporters that if
they will but avoid partial and unconnected insur-
rections in the winter, they shall be rewarded with
a great war in the spring. There is a definite time
fixed, until which the Lombards are asked to wait,
and it will not be easy to hold them in any longer
if the spring comes and they find themselves disap-
pointed.
But we must not look only to the Lombards. The
Italians might revolt and be crushed. Austria is not
weaker than she was, and she has often come out
the conqueror from an Italian revolt. But we must
add to the interests of Italy the interests of France.
There is nothing which Louis Napoleon could do
which" would hold out so great a promise of advan-
tage to him, as to quarrel with Austria, and assert
himself as he champion of Italian independence.
It would give occupation to his army ; it would
take off the attention of the French public from the
great difficulties under which the empire is labour-
ing; it would give him popularity with the nation
that is most prolific of the assassins whom he dreads;
and it would help to throw over the empire that
air of mock liberalism with which it is one of his
greatest wishes to impart to the system with which
his name is connected. It is.also tolerably certain
that__Austria expects war. A military council has
lately been held at Venice, and it is supposed that
this can have had no other object than to provide
for the military defence of the country. The Arch-
duke has retired to the fortress of Mantua, and
every possible means is taken to enable_Austria to
take the field with advantage. She has even taken
the strong measure of compelling the Italian muni-
cipalities to buy the government buildings in the
larger towns—a measure which can have no other
object than that of ensuring the safety of these
buildings in an insurrection, by making them the
property of the insurrectionists. It is possible that
the Austrians might be driven out of those towns,
and then return to them if the tide of fortune
turned. In this case they would find the advan-
tage of a precaution by which all the public build-
ings were kept safe by them.
It must also be added that Austria refuses all
concessions. She has only very lately created new
feelings of 'bitterness in Lombardy by an increased
severity in the laws of conscription. And generally
throughout the Peninsula she will not permit any
change in her own policy nor in the policy of those
to whom she sets an example. This is more visible,
perhaps, in the Papal States than elsewhere. The
Papal Government is as bad as a government can
be. It does not protect life or property ; it allows
bandits to pillage the population almost openly ;
it squanders money ; it represses all life, hope,
and thought ; it subjects all families of respecta-
bility to a constant, petty, tyrannical interference;
it makes life a burthen to all who are fitted by
nature, by sentiment, and education to turn life
to useful and honourable ends. This state of things
is maintained solely by the presence of foreign
troops. It is said that France has recently offered
to withdraw from the occupation, and to insist on
some concession being made to the just demands
of the unhappy inhabitants of the States of the
Church. But Austria would not agree ; the French
may go away if they please, but she will stay there
and keep things as they are. Austria, in fact,' has
no answer to any demand or entreaty, but that she
will not yield or alter, and that if she is attacked
she will defend herself. And if this is thought a
dangerous and short-sighted policy, it must be re-
membered that it is not very easy for a nation like
Austria to make the change that is required. She
is bound up with the extreme Catholic party. To
support clerical government, or even clerical mis-
government, is not only regarded as part of a
traditionary policy, but as a private religious
duty, by those who govern Austria. They would be
yielding to the Evil One, favouring heretics, infi-
dels, and all the wickedness of the world, if they
allowed laymen to govern priests, and revolutionists
to beard authorities. Englishmen are so entirely
without these feelings, they 60 utterly, disbelieve in
the claims on which clerical usurpation rests, they
are so accustomed to speak their mind freely, 'that
they hardly make due •allowance for the sincerity

and earnestness with which the dominant party in
Austria clings to its belief. Even when we look
merely to tho secular policy of 'Austria we may see'
how dangerous any manifestation of vacillation
must be to:her ; her empire rests on success. There
is nothing to bind her heterogeneous elements to-
gether except the: consciousness of each of them
that she is their stern, unalterable, unconquerable
mistress. In 1848 the Sclaves saved the empire
because they 'thought it was .a great thing and
worth saving,.a source of glory to them and to their
race. But if the Italians were humoured, they
would be supposed to be dreaded; and if the em-
pire was afraid, it would sink in the estimation oft
its supporters.
If war breaks out in Italy, what is England .to
do ? We think her course is plain. She could not
think for a moment of actively aiding Austria, so
long as the only question at issue was the freedom
of Italy. As little 'could she think of taking part
in the war as an ally of France. We have had
quite enough of alliances in which France reaps
the glory, and 'we have .to find the money and
do the hard work' The notion also, of England
and France joining together to promote liberty
is a chimera. If liberty in France means the
empire, we cannot help to spread abroad a liberty
so unlike what we mean by liberty. Nor can we
again join France as champions of international
law and of therights of nations. Louis Napoleon
has chosen to trample on international law, and to
violate the first rights of, independent nations, by
his conduct towards Portugal. What. England
must do is to stand strictly' neutral. If the Aus-
trians, as is p,estible,,provided they are not threat-
ened by Russia in their rear, succeed in holding
their own in Italy,; we shall pity the Italians, most
sincerely, but we ,shall have no call to intervene.
If the Austrians fare driven out of Italy, then will
be the time for. England to come on the stage, and
to insist, in conjunction with Prussia, that the war
shall not be- carried
,into Germany, and also that
Italy shall be left to her own princes and govern-
ments according ,to their unfettered choice, and
that she shall not merely.;eYinge her masters and
become the tool of France. instead of the slave of
Austria., We most hearth wish that the struggle
between Austria. and the Italians could be delayed
until France is free. We dread_the effect of Impe-
rialism on the Italians after they have assumed a
nominal independence. But we cannot . disguise
from ourselves that it is.hard.for, desperate men to
wait with the patience of a long-sighted
The struggle may come - sooner than • the best
friends of Italy .could wish.- • If it does come it will
be the part of those friends to counteract' the evil
effects of this precipitation to the utmost of their
power.

her own dominion, the Imperial house can only be
uprooted from-the land in which her supremacy is
felt to be a blight and a bane, by successful insur-
rection or victorious war. It is one of those-cases of
usurped dominion which still necessitate an appeal
to the ultimo ratio of arms. It is an oppression
exercised over an alien and reluctant race, a sway
which nothing but .force could have imposed, and
nothing but stronger force can sweep away. It is
not a thing of yesterday. It is clot ely interwoven
with all the traditions of al proud and dominant
aristocracy. It has long been a constitutive portion
of the ,modern State system of Europe.. If, as we
firmly believe,- the time has come when I taly, under
the constitutional headship of Sardinia, is ripe for
national independence, it must be obvious to all that
the days of this foreign oppression are numbered.
But to suppose that it will be surrendered without
a struggle, to imagine that good offices, and moral
suasion, and diplomatic intervention, will sap the
base of this old,proud fabric of Imperial domination,
appears to us rather a dream of the closet, than a
reasonable anticipation of the Council Chamber.
If, however, we be wrong in this judgment, if
the time for available interposition be not gone
by, if the passions of an oppressed people on the
one side, and of their foreign rulers on .the
other, be not raised to a pitch which makes both
equally deaf to ternis. of compromise and tenders of
accommodation, we shall only be too 'happy to be
convinced of our error. If the English Cabinet are
of oyinion that the way is yet open for this species of
amicable intervention; it is'of course their bounden
duty to interpose their good, offices without loss of
time. If there be, indeed, any chance that the con-
current action of England, France, Russia, and Sar-
dinia can amicably :settle the Italian question, let
the experiment be made forthwith.. Vite, un,
_Cop.
fires ! Trois, Quatre Congres !!—as _many con-
gresses &A'you plealie--;--should, without sarcasm, be
the burden of our song. We. confess, . indeed, we
have no such hope. , Vienna, Verona, Paris-1815'
1822, and 1856—have somewhat shaken our faith
in congresses. Be this as it may, we return once
more to the point with which we started : : if dipip.,
macy fails and: war ensues, in that war En g*4
must be nentrar, as long,- at all events, as the ten=
test is confined to the settlement of the Italian
question as between France, Russia, Austria, and
Sardinia. •In the issues of that war we have no
substantial interest: As far as the internal condi-

tion of Italy is concerned; almoit any change would
be a change for the better ; the substitution in the
north of Italy of Sardiniaii supremacy for Austrian
domination would be an infinite improvement; nor
can it possibly concern _the tax-payers of this
country ;that a Murat, in the South, should take
the place of a Bomba. On the other hand, as
regards our external relations, we should lose
nothing. by observing a
.wise neutrality -while the
contending powers were exhausting their resources
in the costly struggles of an internecine war. Till
England's interests or Europe's freedom are endan-
gered it is our policy to be neutral ; when either is
imperilled—then, but not till then, it will be time
to strike the blow.

IRELAND.

._ •
DUBLIN; TITITREIDAY MORNING.
CHARGE OF, ANIA,ULT.

Captain H. Connolly, residing at 12, Holies-
street, appeared at the Capel-street, Police-court,
before the presiding magistrates, Messrs. Porter
and O'Donnell, to answer a charge of assault pre-
ferred against him by Mr. A. H. Barton, 6, Fitz-
william-sluare South, barrister-at-law. •
The complainant appeared to sustain his charge
in person, and Mr. A. Curran appeared for the
defendant. _ _

Mr. Barton deposed that on the 3d he purchased
tickets at the shop of Mr.Bussell, of Westmoreland-
Street, for the performances at the Rotunda of the
Christy 'Minstrels. These tickets were numbered,
were for the reserved seats, and entitled the pur-
chaser of them to have the seats correspondinti with
the numbers reserved for him. On the evening of
the ,;same day he went to the Rotundo, and he
fourid, upon going to the 'seats, the numbers of
which corresponded, with those on his tickets, that
they were occupied by the defendant, with whom
were two ladies and a little boy. He informed the
lady nearest to him that he had engaged the
seats, and requested her to remove from them,
but 'she declined to do so. He then informed the
defendant alSe that he was entitled to the seats,
and requested him to relinquish them, but the
defendant, instead of doing ,so, rose from his seat
and struck witness a blow on the nose.

To Mr. Curran—l did not put my land rudely
on the lady's arm.
A young man named Rapson, an assistant in the
establishment of Mr. Busse'', deposed to having
sold the tickets to the complainant, Mr. Barton.
The Bench inquired what the defence was ?
Mr. Cnrran said that When he came to detail
what the facts of the case really were •the proceed-
ing would assume a totally different aspect, and the
charge ought, he submitted, to be entirely reversed.
He would, however, deal with the legal bearing of
the case. ,In point of law the complainant had no
More right to the seats in question than an other
parties in the Rotundo that evening. In the Theatre
Royal, or in other theatres, it•was the custom when
a party went to engage seats to give the box-keeper
a shilling additional, and a paper was then affixed
to the seats which that party had so engaged, to
show that they were engaged.
Mr. O'Donnell—But, Mr. Curran, in the paper
which you receive from the box-keeper it is dis-
tinctly stated' that the seats will not be reserved
after the first act.
Mr. Curran contended that the mode of proceed-
ing at the theatres and at the Rotundo was quite
different. The theatres were licensed, whilst the
Rotundo was merely a place of amusement. On
the evening in question his client went into the
Rotundo, having paid for and obtained tickets for
reserved seats. On looking round the room he.
observed all .the reserved seats, with the exception
of those subsequently claimed by the complainant,
occupied, and he very naturally having paid for
tickets for the reserved seats, and, seeing those
vacant, took possession of • them. He was accom-
panied by his wife and son, and by % Miss
M'Carthy, whose testimony would corroborate his
(Mr. Curran's) statement.
Mr. O'Donnell remarked that he thought Mr.
Curran could hardly say that those scats were
vacant, for it was an uncontroverted fact in the
case, that they were numbered, to show that they
were engaged.

Mr. earinn said that the seats were vacant at
the time they were taken possession of by • his
client,' and that he and .his party had occupied
them for at least half or quarter of an hour, and
until the first part of the entertainment had ter-
minated, before the rencontre with the complainant,
the manager of the place had passed by the seats
in question, 'had seen that they were occupied by
the defendant, but had never objeeted to his sitting
in them, told him that he should leave them, or
that they were engaged.
Mr. Porter—But, leaving the argument out of
the case altogether, Mr. Curran, was it a proper
course of proceeding, or would you consider it
such, supposing that a person had engaged a box
at. the theatre, and that upon going to it he found
persons sitting in it, which in itself is no crime—
that he requested them to leave, and that the only
answer he received was a blow on the nose

Mr. Curran protested against being ipterrupted
in his argument, and resumed his statement. He
said that having argued upon what was clearly, he
submitted, the law of the case, he would now relate
what the facts were. The complainant, upon going
into the room, spoke to Mrs. Connolly in a very
rude manner, and placed his hand upon her shoulder,
thereby committing an actual assault in the eye of
the law. The defendant, seeing his wife treated in
such a manner, protected her, in which he was per-
fectly justified. After some further observations,
Mr. Curran concluded by stating that he would
now produce witnesses in support of the defendant's
,case.
Miss Henrietta M'Carthy sworn and examined by
.Mr. Curran—On the night of the 3d inst. I accom-
panied the defendant and his family to the Ro-
tundo ; we were sitting in the seats a good -while
before the complainant came in ; he spoke to Mrs.
Connolly very rudely, and said that we should
leave the seats, as they were his, and he put his
right hand on her left shoulder.
In reply to the plaintiff, Miss M'Carthy said
that she could not swear whether or not he said to
Mrs. Connolly, ",I will be obliged to you to leave
those seats ; they have been., engaged by me.;" he
might have said so, but not in her hearing.
Master Villiers Connolly. son of the defendant,
was next examined. He said that he saw the com-
plainant placing his hand on the shoulder of his
mother, but he could not say what he said to her.
Mr. Porter asked Miss M'Carthy whether she
would have thought much about the complainant
plaCing his hand upon the shoulder of Mrs. Con-
nolly, if there had been no subsequent altercation ?
Miss M'Carthy said she thought that the conduct
of the plaintiff was most rude, and his language
very ungentlemanly to .use to any lady.
Mr, Curran submitted ,thatr he had .made out a